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On Friday afternoon an RV hit a tree off Sumas-Kendall Road and injured three people.

According to the Washington State Patrol, the RV was being driven by a 50-year old man. Just before 4 p.m. the RV veered off the roadway, down an embankment and collided with a tree. The cause of the collision remains under investigation.

A portable refrigerator was thrown from the RV during the collision and hit a 58-year old bicyclist who had stopped in a ditch alongside Sumas-Kendall Road to pick mushrooms.

A woman, 37, who was walking around inside the RV at the time of the crash was critically injured and transported to Harborview Medical Center. Both the driver of the RV and the bicyclist were seriously injured in the collision and transported to St. Joseph Hospital in Bellingham.

Both the man who was hit by the refrigerator and the passenger in the RV likely have claims against the driver. Just like failing to wear a seatbelt doesn’t preclude a person from making a personal injury claim, the fact that the passenger was reportedly walking around inside the RV while it was in motion does not prevent her from bringing a claim.

Injured pedestrians (or bicyclists) are entitled to recover benefits under the at-fault driver’s policy. However, it is possible that the driver has insufficient insurance coverage and insufficient assets to compensate the injured bicyclist to the full extent of his injuries. Because of this possibility it is important that the bicyclist takes steps to retain separate legal counsel.

or more information on this subject, please refer to the section on Car and Motorcycle Accidents.

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