Social host liability: are you liable if someone you served alcohol to gets into a car accident?

November 30, 2010 by The Farber Law Group

December is here and maybe you are considering throwing a holiday party. And, at your party, you are probably planning on serving alcoholic drinks. The question is often asked of us, "Am I liable if my guest drinks too much and then gets into an automobile accident?"
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Social-host liability is really tricky for most people. You can't always tell if a person is inebriated or not. Or, perhaps your guest insists that he or she is sober. If you have doubts, you are in the onerous position of forcibly taking away car keys or calling the police. Either way as the host, you lose. Your friend might punch you in the nose if you take his keys or if you get your friend arrested and thrown into jail, well, you have lost a friend.

So, what is a host to do? Are you a liable for damages?

The Supreme Court does not hold that a host owes a duty to prevent a third-party from leaving ones home. The only case when the State seeks to impose social host liability is in cases of underage drinkers. If a homeowner or host allows minors to become intoxicated or provides alcohol to minors and the minor is involved in a motor vehicle accident, then the host could be liable.

Of course you don't want your friends driving drunk and suffering the consequences. The following tips can help:

  • Avoid serving throw-everything-into-it punches
  • Serve food
  • Provide non-alcoholic beverages too
  • Offer to let friends crash on the couch.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in Seattle motor vehicle accidents caused by drunken drivers. With our help, you may recover compensation for your damages.

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Wrong way drivers: a menace on the road

November 29, 2010 by The Farber Law Group

A National Highway Traffic Safety Administration (NHTSA) study reveals that about 3% of fatal motor vehicle accidents are caused by wrong way drivers.

Over the past year, we have seen our share of wrong way car accidents in and around Seattle and throughout Washington State including:

The common denominator in many wrong way accidents is alcohol. The drunken driver is so impaired that she or he drives up an off-ramp to a freeway or the wrong way on a major street and collides with another vehicle. In fact, in nearly 75% of fatal wrong-way motor vehicle accidents, the wrong way driver is impaired with alcohol or drugs.

Another factor in wrong way crashes is elderly or confused drivers.

Research has shown that certain types of highway ramps and interchanges have a greater number of wrong-way accidents. In both the case of drunken drivers or elderly drivers, remedial measures could be taken by enhancing "Do not enter" and "Wrong way" signs at freeway entrances and making signs highly reflective.

This information is provided by Seattle Car accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by drunken drivers and the family of those killed. And are committed to insuring that accident victims and their families receive civil justice.

Continue reading " Wrong way drivers: a menace on the road " »

3 killed in Richland 5-car accident after car drives wrong way on I-82

November 29, 2010 by The Farber Law Group

A wrong way driver on Interstate 82 near Richland was responsible for a multiple vehicle car accident in which the wrong way driver was killed as well as the driver of another car and her passenger .

The Tri City Herald reports that Marco A. Delamora, 26, of Pasco, drove his pickup truck eastbound in the westbound I-82 near Dallas around 8:30 pm on Sunday night and collided with a 2004 Mazda driven by Heather M. Davidson, 27, of Richland.

Delamora's truck flipped upside down and caught on fire and Delmora was killed in the motor vehicle accident.

Davidson was killed in the accident along with her passenger, Stephen L. Metzger, 30, of Kennewick.

Davidson's 3-year-old son, Brennan, who was in the back seat survived the accident and he was taken to Sacred Heart Medical Center in Spokane for treatment of undisclosed injuries.

Three other vehicles were also involved in the accident including a Chevy Cobalt driven by Candise R. King, 26, of Benton City, who was not hurt; a 2002 GMC pickup driven by Nicolas B. Windsor, 20, of Benton City and his passenger Aaron L. Phillips, 25, of Richland; a 2008 Honda CRV driven by Kelsey T. Edwardsen, 27, of Portland. None of these people were seriously injured according to the Herald.

It is unknown what caused Delamora to drive the wrong way. The article said there was dense fog in the Columbia Basin on Sunday evening. The investigation should determine whether the weather or alcohol or drugs played a part in the crash.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another driver and the family of those killed.

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Woman killed in North Seattle train accident

November 27, 2010 by The Farber Law Group

A female was killed in a North Seattle pedestrian accident involving Amtrak Train No. 7 reports The Seattle Times.

According to the report, the woman was killed on Thursday afternoon around 2pm when she was struck by the Amtrak traveling from Seattle to Chicago.

According to the report, this is the 19th fatal Washington train vs. pedestrian accident on BNSF property in 2010.

Every year, approximately 3,000 train accidents occur in the U.S. with a significant number of fatalities each year. When pedestrians are struck by train there can be various reasons including:

  • Failure to hear the train because of another train, wind or the use of head phones
  • Pedestrians who are distracted with trying to chase after a pet
  • Horseplay
  • Suicide
  • Malfunctioning cross arms, warning lights, or warning bells
  • Absence of crossing guard at dangerous intersections
  • Inattention
  • Standing too close to the tracks and being hit by an object on the train that extends past the car.
  • Pedestrian or cars thinking they can "beat" the train

If you or a loved one has been injured in a train, bus or car accident, you should contact The Farber Law Group, a Seattle personal injury law firm for a free initial consultation.

Source: Woman struck and killed by train in North Seattle

The Seattle Times
By Sanja Bhatt
Posted: November 25, 2010

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WSP receives 970 King County storm-related incidents in 24 hour period

November 26, 2010 by The Farber Law Group

The Washington State Patrol reports that in a 24 hour period between 8am on Monday, November 22, and Tuesday, November 23, that the King County Washington State Patrol communications center received 970 traffic-related incidents including 348 car accidents.

The WSP, in a media release, said that in many cases, there were more than one collision in the incident reports. Of the 348 motor vehicle accidents that were reported, 16 were injury accidents.

The WSP advises motorists should prepare for driving in freezing weather including insuring that their gas tanks are full and they have extra warm clothes, extra food and weather which can help if there are traffic delays or if you are stranded far from home.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another.

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Couple killed in Cowiche car accident

November 23, 2010 by The Farber Law Group

The Yakima Herald reports that Myra and Larry Morris, ages 58 and 59, were killed in a Cowiche crossover car accident on Monday morning around 9:40am. Cowiche is located approximately 12 miles west of Yakima, Washington near State Route 97.

According to the report, the Morri's Buick Le Sabre slid on snow and ice and ran head-on to a Jeep Cherokee.

Snow and icy conditions caused car accidents across Washington State. Many vehicles spun out n Interstate 90 over Snoqualmie pass.

The Washington State Patrol reminds drivers to put on their snow tires and to slow down.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Driver killed in Suquamish motor vehicle accident when unsecured trailer hits SUV

November 23, 2010 by The Farber Law Group

Florentino “Sonny” Tabafunda, 64, of Bainbridge Island was killed in a Suquamish car accident when a fishing boat on a trailer being towed from a truck became unhitched and hit his SUV near Suquamish reports The Kitsap Sun. Suquamish is 6.5 miles east of Poulsbo and approximately 24 miles north-east of Bremerton.

According to the report, Tabafunda was on Suquamish Way between Whale Dancer Court and Totten Road when a trailer carrying a fishing boat became unsecured and the trailer crossed the center line and hit Tabafunda's Jeep Cherokee SUV. Tabafunda was killed at the car accident scene.

Washington state has an unsecured load law which is also known as "Maria's Law," RCW 46.61.655 -- DROPPING LOAD, OTHER MATERIALS. It provides that a driver can be convicted of criminal negligence if he or she fails to secure a load causing unfastened items to drop, sift or leak from the vehicle. The statute provides that failure to secure a load is a second degree misdemeanor. The fine can vary from between $216-$5,000 and possible jail time.

Tips for drivers pulling trailers

  • Make sure the ball mount on your truck is rated to the trailer that you are pulling.
  • Make sure the trailer is correctly on the ball.
  • Trigger the locking mechanism to lock the trailer on the hitch.
  • Secure the locking mechanism with the corner pin.
  • Hook the safety chains insuring they cross each other.
  • Hook up the emergency stop.

Failure to follow these procedures could result in an accident.

This information is provided by The Farber Law Group, a Washington law firm experienced and knowledgeable in handling auto accident cases. With our help, you may recover compensation for your damages to you or your family member caused by a lost lad.

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Snowy conditions on I-5 lead to Tacoma fatal pedestrian accident

November 23, 2010 by The Farber Law Group

The Washington State Patrol reports that Jae Y. Lee, 62, was hit and killed in a Tacoma pedestrian accident last night.

According to the media release, Lee was outside of his Chevy S-10 pickup truck when he was struck by Jerry L. Smith, 56, of Olympia.
seattle car accident lawyer
The motor vehicle accident occurred on Interstate 5 at "L" street in Tacoma.

The WSP makes the following recommendations for safe travels when there are snowy and icy conditions on the roadway:

Preparing your vehicle

  • Make sure your tires have sufficient tread and are rated for snow and ice.
  • Have a winter emergency kits in your car that contains extra water, food, warm clothes, cat litter, shovel, ice scraper and jumper cables.
  • Avoid driving if you can.

Winter driving tips

  • Follow vehicles at a safe distance.
  • If you are involved in a car accident, get your car off of the roadway as quickly as possible.
  • Chain up in safe areas like parking lots where you are not in danger of being hit.
  • Check the highway conditions at the Washington Department of Transportation: www.dot.wa.gov .

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in Washington motor vehicle accidents and the family of those killed. With your help, you may recover compensation for your damages.

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Elderly woman killed in Seattle dump truck accident

November 18, 2010 by The Farber Law Group

The Seattle Times reports that a woman described of elderly was killed in a downtown Seattle pedestrian accident when the trailer of a dump truck struck her.

seattle car accident attorney
The pedestrian accident occurred around 9:00am at Seventh Avenue and Cherry Street. The woman apparently had come from the Northwest Harvest Food Bank at Eight and Cherry and and was in a crosswalk when she was hit. Police speculate that the woman perhaps did not see the trailer attached to the dump truck.

The Seattle Police department Traffic Collision Investigations Squad is investigating the pedestrian accident.

Last year in Washington state there were 67 pedestrian killed by motor vehicles and approximately 26 of those pedestrians were in King County alone.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and the family of those killed. We are a Seattle car accident law firm and are dedicated to helping car accident victims and their families seek civil justice.

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Tacoma car accident kills passenger, driver flees

November 18, 2010 by The Farber Law Group

Tacoma police are searching for the driver of a pickup truck that was involved in a Tacoma motor vehicle accident in which three parked vehicles were hit and the driver's passenger, a 44-year-old man was killed.

The News Tribune reports that the motor vehicle accident occurred in the eastbound 4600 block of Sixth Avenue. Apparently the driver of the pickup truck lost control of his vehicle and hit the parked. The driver, who was described by witnesses as a white man in his 40's then fled his vehicle, leaving his passenger who was killed in the accident.

The driver of the pickup truck faces criminal charges including Vehicular Homicide when he is found.

Hit and run accidents occur far too frequently. 17% of all fatal pedestrian accidents involve hit-and--run. Often the hit-and-run driver is was under the influence of alcohol or drugs or had outstanding warrants.

If you have information regarding this fatal hit and run accident please contact the Washington State Patrol or the Tacoma Police department.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. We are a Seattle car accident law firm and are dedicated to helping car accident victims and their families seek civil justice.

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Seattle University student critically injured in I-5 car accident

November 17, 2010 by The Farber Law Group

A 24-year-old Seattle University was critically injured in a single car accident on the Mercer Street ramp to Interstate 5 early Wednesday morning.

According to a report by KOMO News.com, the woman lost control of her car and it flipped upside-down .

Firefighters extricated the woman from her vehicle and took her to Harborview Medical Center for treatment of a collapsed lung, shattered pelvis and other injuries.

Police believe that excessive speed was a factor in the Seattle car accident.

This information I provided by Seattle Car Accident lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.

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Child injured in Hoquiam pedestrian accident outside elementary school

November 17, 2010 by The Farber Law Group

The Olympian reports that a Central Elementary School student was injured in a Hoquiam pedestrian accident on Tuesday morning.

According to the report, the 6-year-old child suffered cuts on the head and a possible broken leg.
seattle pedestrian accident lawyer
The child was being transported to Grays Harbor Community Hospital in Aberdeen when the ambulance was hit by a car. The child was then transferred to another aide car.

The report did not disclose the cause of the pedestrian accident in which the student was injured.

In 2009, 61 pedestrians were killed in traffic accidents in Washington State and 4,092 pedestrian deaths occurred nationally. Often, schools run safety campaigns which reiterate crosswalk safety to students. Washington State vehicle code RCW 46.61.440 specifies the maximum speed when passing school or playground crosswalks is 20 miles per hour. The speed zone at the crosswalk extends three hundred feet in either direction from a marked crosswalk. The lower speed limits increases a person's chance of surviving an accident.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Monroe head-on car accident injures 3

November 16, 2010 by The Farber Law Group

A Kirkland woman was responsible for a Monroe car accident in which she was critically injured along with a couple in a Toyota Corolla that she hit.

The Everett HeraldNet reports that the 49-year-old Kirkland woman crossed the center line on Snohomish River Bridge on Highway 522 around 10:40pm and hit a couple from Oregon who were in a Toyota.

The Kirkland woman was taken to Harborview Medical Center in Seattle and the Oregon couple were taken to Valley General Hospital in Monroe for treatment of their injuries.

The article did not say what was the cause of the crossover car accident, whether the woman was distracted or driving under the influence.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents due to the negligence of another.

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Woman arrested after Lake Stevens hit-and-run car accident

November 15, 2010 by The Farber Law Group

Police have arrested a woman who tried to run from the scene of a Lake Stevens head-on car accident.

Seattle's KIROTV.com reports that the head-on car accident occurred around 5am on Monday morning in the 10600 block of Machias Cut-Off Road in Lake Stevens.
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According to the report, police were following an SUV that they thought might be stolen when the driver, in an attempt to elude police, took off and lost control of the SUV and struck a car driven by a 23-year-old woman. The woman in the second vehicle had to be extricated from her vehicle and she was taken to Providence Hospital in Everett for treatment of non life-threatening injuries.

Police apprehended the driver of the SUV and took her to Providence for treatment of non life-threatening injuries. She faces multiple charges including hit-and run.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. With our help, you may recover compensation for your damages.

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Couple in their 70s critically injured in Auburn car accident

November 15, 2010 by The Farber Law Group

The Washington State Patrol is investigating an Auburn two-car accident in which an elderly couple in their 70s were critically injured.

The Seattle PI.com reports that a male in his 70s and a female in her 70s suffered life threatening injuries in the car accident that occurred on Friday night on Highway 18 in Auburn. The male driver of the vehicle was airlifted to Harborview Medical Center and the female passenger was transported by ground.

According to the report, motorists called 911 at 7:10 after seeing a car on its top near the Southeast 304th Street exit. The two victims had to be extricated from the vehicle.

The driver of the second vehicle involved in the accident suffered minor injuries in the accident.

Details about the cause of the motor vehicle accident were sketchy but the WSP's investigation should determine fault.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed. With our help , you may recover compensation if your car accident was caused by the negligence of another driver.

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2009 car accident statistics reveal 33,808 fatalities

November 3, 2010 by The Farber Law Group

The Insurance Institute for Highway Safety (IIHS) reports that 33,808 people died in motor vehicle accidents in 2009.

The IIHS just published car accident data for the year 2009. The statistics are from data collected by the US Department of Transportation's Fatality Analysis Reporting System (FARS).

The following information was gleaned from the report:

Alcohol Related motor vehicle accident fatalities
- A driver's Blood Alcohol (BAC) increases the probability of a fatal accident. While 0.08% is the legal limit for intoxication in Washington state, the probability of a fatal accident rises significantly after 0.05%.

Bicycle accident fatalities - 630 bicyclists were killed in accidents with motor vehicles in 2009 which is a decline by 37% since 1975. Every year, more male bicyclists are killed than female.

Child Fatalities - In 2009, 1,062 children died in motor vehicle accidents. This was a 1% increase over the previous year but a 71% decline since 1975. Child safety seat laws, vehicle air bags, and placing children under the age of 12 in the back seat, have all been factors in reducing the death rate.seattle car accident attorney

Fixed object accidents -
In 2009, 7,800 people were killed in motor vehicle accidents which involved hitting a fixed object. About 20% of fatal car accidents occur when a driver loses control of the vehicle and hits a fixed object like a tree, traffic barrier or utility pole. Alcohol is often a factor in these types of accidents.

Motorcycle accidents - In 2009, 4,281 motorcyclists died in accidents. Fatal motorcycle accidents started declining in the early 1980s but starting in 1998, they increased through 2008. Last year, motorcycle accident fatalities decreased by 16% but accounted for 13% of all motor vehicle crash deaths. Head injuries are the leading of death in motorcycle accidents so helmet use is essential.

Pedestrian accidents - 4,409 pedestrians were killed in motor vehicle accidents in 2009. Pedestrian accident deaths account for 12 percent of motor vehicle accident deaths. People ages 70 and over are the highest at risk.

Teenage motor vehicle accidents - 3,466 teenagers between the ages of 13-19 were killed in motor vehicle accidents in 2009. While car accident deaths have decreased every year since 1975, teenagers are four times as likely to die in a car accident based on miles driven than older drives. Most at risk are teenage boys; 2 out of 3 of every teenagers to die in a car accident is male.

Source:
Insurance Institute for Highway Safety
Highway Loss Data Institute
Fatality Facts

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents due to the negligence of another driver and the family of those killed.

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