Seattle Car Accident Lawyer Blog

Seattle's KOMO News reports that a 58-year-old man was admitted to Overlake Hospital in Bellevue with a serious leg injury and other injuries after he was hit by a suspected drunk driver at the corner of Main and Bellevue Way in downtown Bellevue late Monday night.

Cause of the Pedestrian Accident
The report said the driver, a 25-year-old woman, was making a left from Main Street onto Bellevue Way when she lost control of her vehicle and struck the man before crashing into a light pole.

The unidentified woman was arrested for DUI and vehicular assault. Washington Vehicle code RCW 46.61.522 "Vehicular Assault" states that a driver can be charged if he or she seriously injures someone while driving recklessly, driving recklessly or driving with recklessless disregard to the safety of others.

Pedestrian Accident Personal Injury Liability
If it is determined that the driver was driving under the influence at the time of the accident, the liability will fall with her. In cases like this, accident victims are advised to contact a Bellevue pedestrian accident attorney who has handled DUI accident and can advise the victim on their legal rights. A personal injury attorney will work hard to receive the maximum compensation for the victim including medical expenses, lost wages, and for pain and suffering.

Source: KOMO News

Continue reading " Pedestrian injured by suspected drunk driver in Bellevue " »

It should come to no surprise that teenage drivers drive better when their parents are in the car.

The National Institutes of Health and the Virginia Tech Transportation Institute used cameras and sensor to observe teenage drivers while driving alone, with friends and with their parents. They tracked accidents and near accidents and also measured risky driving procedures including:

• Accelerating rapidly
  
• Breaking hard
  
• Making hard turns

What they found was that teenager drivers had 75% fewer near crashes and their risky driving behaviors fell 67% when their parents were in the car.

When teenagers drove with other teenagers in the vehicle, they had as many near crashes as when they were driving alone. However, their risky driving behaviors were 18% less frequent than when the teenager drove alone.

Driving Behaviors Over Time
The study found that teenager drivers continued risky driving behavior even as they gained experience behind the wheel. The study found calculated the crashes and near crashes per kilometer driven and found that teens averaged 10 per 16,000 kilometers during the 18 months of the study while the parents averaged 2.

Graduated Licensing in Washington State
Washington state, like many states, has a graduated driver's license for teenage drivers. For the first 6 months after a teen obtains their driver's license, they cannot drive with passengers under the age of 20 unless the passenger is a family member. For the next six months, they are not allowed to carry more than 3 passengers who are under the age of 20 that are not family members.

The graduated driver license also prohibits driving between 1am and 5am unless with a driver age 25 or older. Teens are also prohibited from using a wireless device including hands-free cell phones.

Continue reading " No surprise: Teens drive better when their parents are in the car " »

The Yakima Herald reports that a Bellevue man was injured after being involved in a motor vehicle accident on Interstate 90 near Easton.

According to the report, Kirk Ferrier, 44, was taken to Snoqualmie Valley Hospital with undisclosed injuries.

The accident occurred when Ferrier, driving five miles east of Easton lost control of his 1999 Volkswagen Passat, hit a barrier and when his vehicle reentered the lane, hit a vehicle driven by Christopher Brooks, 21, of Kent. Brooks' was not injured in the accident.

Ferrier was cited for driving too fast for road conditions.

The article did not say what the road conditions were at the time of the accident but with the weather we have had in Western and Central Washington recently, the roads have been icy.

Washington state motor vehicle code RCW 46.61.400 sets forth basic rules and maximum limits for speed. It states:

No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

The best advice for driving on icy roads is:

1. Slow down and leave plenty of room to stop. Leave three times space more than usual between your vehicle and the one in front of you.
   
2. Apply brakes gently.
   
3. Turn on lights so you are visible to other drivers.
   
4. Use low gears, especially on hills.
   
5. Do be especially careful on bridges.

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 motor vehicle accidents and the family of those killed. With our help, you may recover compensation for your damages.

Continue reading " Bellevue man injured in I-90 car accident near Easton " »

Drivers in Seattle have had so much to contend with this week in Seattle due to severe weather and snow and ice on the roadways. Then, a suspected drunken driver drove the wrong way on Interstate 405 early this morning causing a head-on car accident.

An unidentified 24-year-old woman from Newcastle apparently headed north on the southbound lanes of Interstate 405 in her Subaru after getting onto the freeway at the 124th street ramp. One report said she drove several miles before colliding head-on with a Jeep reports the Seattle P-I.

The wrong-way driver was taken to Harborview Medical Center in Seattle with serious injuries. The driver of the Jeep was taken to Evergreen Hospital in Kirkland.

Spate of Wrong Way Drivers in Seattle Area
This is the third wrong-way driving accident in the greater Seattle area in the past ten days:

• On January 11th when a 60-year-old retired schoolteacher drove her car 17 miles in the wrong direction on Interstate 5. The Washington State Patrol was able to stop the woman using spike strips before she caused an accident.
• On January 16,a wrong-way driver on I-5 in Tukwila hit a carload of teenagers sending one to Harborview and injury four others.

Causes of Wrong Way Driving

Most of the time when there is a wrong way car driver, the wrong-way driver is under the influence of alcohol and or drugs and misinterprets off ramps. Signage that says "Wrong Way" or "Do Not Enter" can help but if a person is so intoxicated, they often do not notice these warnings.

Another cause of wrong way drivers are elderly drivers who are confused or disoriented while driving and they make a mistake.

Some times, wrong way driving errors are caused when the local or state transportation agencies fail to provide proper signage.

Car Accident Injuries
Wrong way driving accidents often leave the injured with catastrophic injuries. The law of physics provides that the force of impact of two vehicles colliding at 50mph is the same as a one car running into a fixed object at 100mph. Often accident victims will suffer traumatic brain injuries, blunt force injuries and cuts and bruises. Often, victims are killed.

Continue reading " 2 injured in Bothell I-405 wrong-way driving accident " »

Just a few days ago we wrote about a Washington wrong way driver who drove nearly 17 miles on Interstate 5 before police were able to stop her. In that wrong way driving incident, no one was injured.

Unfortunately, another wrong-way driver — again on Interstate 5 — has been involved in an accident early Sunday morning, this time sending 6 people to the hospital.

This wrong-way accident occurred on Interstate 5 in Tukwila near the South center exit around 3:30am when the wrong-way driver collided head-on with a car with 5 teenagers on board.

All but one of the injured were taken to Valley Medical Center. The most seriously injured was taken to Harborview Medical Center in Seattle according to KOMO News.

Police suspect that the wrong-way driver was under the effects of alcohol at the time of the accident.

In the other wrong way driving incident, Pamela Drawsby a 60-year-old retired teacher from Olympia, drove at high speeds of up to 100 mph. The Highway Patrol reports that her blood alcohol content (BAC) at the time she was arrested was 0.12 percent. They also believe that she may have been under the influence of prescription medications. Drawsby has entered a not guilty plea.

Head-On Car Accidents

When two cars collide head-on, the results are often deadly. The combined force of two vehicles colliding at 50mph usually totals both vehicles.. Often, the results are deadly.

Continue reading " Tukwila wrong way driving accident on Interstate 5 injures 6 " »

Today on Mercer Island, a new ordinance goes into effect which holds parents and homeowners responsible if teenagers drink at their homes.

The Ordinance
The ordinance cites homeowners or parents even if they are unaware that drinking occurred at their home. If cited, the homeowner will have to pay a fine of $250 regardless of whether they were aware of the underage drinking.

This new ordinance is highly contentious and is likely to be contested in court as it is the first of its kind in Washington state. A coalition of parents on Mercer Island, Communities that Care Coalition, lobbied for the new ordinance as one strategy to reduce underage drinking. The law might make sense for parents of teens under the age of 18 but most parents don't feel the need to provide supervision of teens 18 and older who are legal adults in every aspect except for alcohol.

Teenage Drinking
Teens who drink often binge drink. Binge drinking is often done in groups and the intent is intoxication. While binge drinking is more prevalent among teenage males, teen girls also engage in the risky behavior. Binge drinking is statistically linked to alcoholism in later life and it increases the chance for a teen to participate in risky behaviors such as drinking and driving.

Teenage Drinking and Driving
While teenagers are less likely than adults to drink and drive, when they do drive after they drink there car accident risk is substantially higher -- almost twice as much -- than adults even at low or moderate blood alcohol concentrations (BAC). Every year approximately 1,900 teenagers under 21 die from alcohol-related car accidents.

Social Host Liability
Although the definition of a "social host" can vary from state-to-state, a social host is a person who provides alcohol as an act of hospitality to a guest or condones the use of alcohol by a guest on property that the host controls. The property can be a home but it might also be a boat, a beach or a hotel room.

Social Host Liability finds that the supplier of alcohol may be liable to persons injured as a result of an intoxicated guest's actions because the social host has a duty to the public to reduce risk of injury and to serve alcohol responsibly.

If a parent allows alcohol to be served at an underage party, and a drunken teen leaves on their own and is involved in a motor vehicle accident, that parent can be held strictly liable under the law.

Continue reading " Mercer Island's social host ordinance targets underage drinking " »

Washington State Trooper Guy Gill is calling the death of two men in a head-on collision on River Road near Tacoma on Monday evening a "tragedy."

One of the men, Jerry Neal, 28 of Bonney Lake, was headed to Tacoma General Hospital to pickup his girlfriend and newborn baby when the car accident occurred.

The accident occurred around 4pm when Neal, driving a Kia Sorento southbound, crossed the double center turn line and collided head on with Dodge Neon driven by Gregory Stevens, 30, of Puyallup. Stevens was returning home after running errands according to Stacey Mulick writing in the Tacoma News Tribune.

The Washington State Patrol is investigating the cause of the accident. There was no indication that Neal was distracted at the time of the accident or that he attempted to avoid the collision.

Head On Collisions

Head on collisions are some of the most deadly accidents because of the combined force of two vehicles hitting each other at a high speed. Fatalities are even higher when the vehicles are mismatched, say a pickup truck and a compact car colliding.

The main causes of head on collisions are failing to negotiate a turn, passing a slower vehicle, driver drowsiness or distraction in which the driver drifts into the opposite lane, icy or snowy road conditions or sometimes suicide.

The Effects of a Head On Car Accident

In a head on car accident the lives of those involved changes in an instant. Sometimes the drivers and passengers suffer catastrophic injuries such as brain damage, paralysis, and broken bones. In this case, presumably two families are grieving the loss of their loved one. It feels especially tragic that a newborn infant will never know his or her father.

The WSP will determine the factors that contributed to this fatal car accident outside of Tacoma. The family of the deceased may choose to file a wrongful death claim to compensate for the death of their loved one which may include burial costs, loss of consortium and future earnings.

Protect Your Rights

If you or a loved one has been seriously injured or killed in a Washington motor vehicle accident, you may want to consult with an experienced personal injury attorney. At The Farber Law Group, we provide a FREE and CONFIDENTIAL case evaluation. We will provide an honest assessment of your case with no obligation or pressure. Call us at 1-800-244-9087 or use our contact form.

Continue reading " 2 killed in River Road head-on car accident, one was father of newborn " »

King County Prosecutor Dan Satterberg along with Pierce County Prosecuting Attorney Mark Lindquist and state Representative Christopher Hurst, D-Enumclaw, are supporting changes to existing Washington state DUI laws to increase the penalties for Vehicular Homicide and Vehicular Assault.

Citing drunk driving accident statistics, Satterberg noted that 170 people were killed by impaired drivers in Washington state in 2010 compared with 154 people killed by murder.

Vehicular Homicide, vehicle code RCW 46.61.520, provides that a driver can be charged if a person dies within three years of injuries sustained in a motor vehicle accident and the driver was driving under the influence of drugs or alcohol, driving recklessly or driving without regard to the safety of others.

Vehicular Assault, vehicle code RCW 46.61.522, provides that a driver can be charged if a person is seriously injured in a motor vehicle accident and the driver was driving under the influence of drugs or alcohol, driving recklessly or driving without regard to the safety of others.

Examples of driving recklessly include speeding, racing or aggressive driving. Examples of driving without regard to the safety of others include engaging in unsafe behavior even though the driver knows it is unsafe including texting while driving, talking no a cell phone or other distracted behaviors.

Currently the penalty for Vehicular Homicide, DUI, is between 2-½  to 3-1/2 years in prison. The new bill proposes that the penalty be increased to 6- 8-½  years.

The proposed change to Vehicular Assault would increase the current from 3 to 9 months to 6 months to 1 year.

Satterberg believes that current penalties for drivers who kill are not sufficient because these are preventable deaths. He said that when defendants get time off for good behavior their prison sentence can be reduced by a third.

Legal Recourse for Victims of Drunk Drivers

The Farber Law Group provides legal representation for people who have been disabled or injured in a drunk driving accident in Washington state.

A motor vehicle accident involving a drunken driver are different that other accidents because it is a preventable one. If only the driver would have called a cab, waited a few hours or stayed put, a drunk driving accident could have been prevented.

Washington Drunk Driving Accident Claims

If you have been seriously injured by a drunk driver or a loved one killed, your life has changed in a split second. Some people are left with catastrophic injuries which cause a life time of pain or leave them disabled. Other times, a loved one has died and that person may have been the bread winner for the family or a promising young student.

The Farber Law Group is here to answer your questions about Washington drunk driving accidents and we will fight to obtain the compensation you deserve for your injuries, medical costs, lost wages and for pain and suffering.

Call Us

If you or a loved one has been injured, disabled or killed in a Washington drunk driving accident, call us TOLL FREE at 1-800-244-9087. We provide a FREE CASE CONSULTATION.

Related Posts:

Suspected drunken driver arrested in fatal Kirkland bicycle accident

12 hour DUI impound law "Hailey's Law" now in effect

Source: Prosecutors propose stiffer DUI sentences, The Seattle Times, by Sara Jean Green, January 9, 2012.

Continue reading " New bill seeks to harshen penalties for Drunk Driving Injury Accidents " »

A New York woman who suffered a serious knee injury after her vehicle was sideswiped by a man who was driving a company-owned van has settled a negligence lawsuit for $5 million with the man who hit her and the company he worked for.

Kimberley Benson was stopped in traffic which Matthew Yackern, driving a van owned by his employer, sideswiped her SUV. Benson suffered a serious knee injury requiring several surgeries. Benson suffered a potentially life-threatening side effect of one of the knee surgeries, a pulmonary embolism (PE). A PE is a condition in which a blood clot forms in one of the legs' deep veins and moves to the lung or other part of the body and blocks an artery. A PE can cause difficulty breathing, chest pain and is sometimes fatal. Benson is at increased risk of PE in the future.

Benson now walks with a cane and suffers from complex regional pain syndrome, a chronic progressive disease which can occur after injury and surgery.

Vicarious Liability

Benson filed an injury lawsuit against both Yackeren and his employer, World Wrestling Fedn. claiming that Yackeren had negligently operated his vehicle.

The lawsuit against World Wrestling Fedn. arose under the doctrine of vicarious liability. Vicarious liability -- respondeat superior -- is a legal doctrine that holds a person or a company responsible for the actions of another person or an employee. In this instance, World Wrestling Fedn. can be held legally responsible for the injuries to Benson.

In a case like Benson's, her personal injury attorney understood the doctrine of vicarious liability and how it could be applied to make sure the right persons were named as defendant's in Benson's injury lawsuit.

If you have questions about a Seattle personal injury lawsuit and who is liable for your car accident injuries, contact The Farber Law Group for free legal advice. We have more than 30 years experience representing accident victims and their families. With our help, you may recover compensation for your damages.

Related Posts:

Jury awards car accident victim $1.1M in lawsuit against city involving police officer

$1.02M settlement in inattentive driver lawsuit in which motorcyclist was killed

RESPONDEAT SUPERIOR

Continue reading " Woman receives $5M award in sideswipe car accident " »

There are approximately 9.5 All-terrain vehicles (ATVs, quad bikes or 4-wheelers) in use in the U.S. ATVs are fun vehicles used for both work and recreation. ATVs allow users to go off-road and off the beaten path and into remote areas with steep and rocky terrain. While ATVs were originally used for use on farms, they are now used for family fun such as picnicking, exploring nature trails, hunting and fishing, and riding events.

ATV Accidents

ATVs can be powerful machines and some of the larger vehicles can reach speeds of up to 55 mph and weigh up to 500 pounds. The causes of ATV accidents are varied but the most common types of ATV accidents are collisions and rollovers.

ATV Injuries

With the explosion of the number of ATVs in use, there has been an increase in the number of riders who suffer catastrophic injuries such as traumatic brain injury, spinal cord injury, broken bones and internal injuries. There has also been a rise in the incidence of death, especially in young children and to people who are of sleight build. In fact, there have been at least 8895 fatal ATV accidents between 1982 and 2007 and 28% of those killed were children under the age of 16 and in one year alone, 2005, there were approximately 136,7000 ATV-related injuries treated in emergency rooms.

According to a recent study "Definition and measurement of rider-intrinsic physical attributes influencing all-terrain vehicle safety" published in the Journal of Neurosurgery in November 2011, children and light-weight individuals are at considerable risk of serious injury when operating or riding on an ATV due to "inherent lateral, longitudinal and vertical operation instability in the vehicle."

ATV injuries to children and women occur at an alarming rate; The American Academy of Pediatrics along with the Consumer Product Safety Commission recommends that children under the age of 16 should not ride ATVs.

ATV Injuries and Victim Rights

Most states require that those involved in an ATV accident file an accident report when someone is injured or killed in an ATV accident.

Those responsible for an ATV accident may be liable for injuries suffered by accident victims. ATV victims may file a claim for compensation for medical bills, lost wages, and for pain and suffering.

Washington personal injury law firm

The Farber Law Group, a Bellevue personal injury law firm, represents people who have been injured in all types of motor vehicle accidents including ATV accidents. We have more than 30 years representing accident victims and their families.

Continue reading " New study finds that children and light weight people risk injury when riding an ATV " »

When a passenger vehicle and a semi truck collide, more than likely the driver of the passenger car will be the one who suffers serious injury or death. Case in point is the trucking accident that result in the wrongful death case of Doe V. Roe Trucking Co.

Doe, 54, was stopped in traffic when a semi truck driver, who had fallen asleep at the wheel, smashed into the rear of her car, killing her. Imagine her terror as she saw a 10,000 pound trucking bearing down on her. At the time of her death, Doe was working as a vocational counselor, a job that paid her $120,000 annually.

Doe's sister, on behalf of Does's estate filed a wrongful death lawsuit against the truck driver and the trucking company he worked for claiming negligence was responsible for Doe's death. Doe and Roe settled for the wrongful death case for $4.8 million which was to be paid by the Roe's insurance company.

In this case, the plaintiff's attorney, representing Doe's estate did an investigation into the truck driver. The U.S. judicial system allows that prior to a trial, each party in a lawsuit can obtain evidence by means of discovery. Discovery can include asking for documentation of the truck driver's previous driving history, his medical records, his trucking log, his cell phone records and also asking him to answer question to interrogatories. In a lawsuit, the court can compel the defendant to assist in discovery.

In the case of Does v. Roe, it was revealed in discovery that, prior to the trucking accident, Roe was tested for and was diagnosed with a "moderately severe" case of sleep apnea, a condition in which a person stops breathing many times during night time sleep which causes daytime fatigue, slower reaction time and other problems.

It was also revealed in discovery that Roe had a history of motor vehicle accidents and had been involved in six accidents before the accident involving Roe.

The plaintiffs claimed in the wrongful death suit that Roe Trucking Co. was negligent in employment. An employer can be held liable for the actions of an employee if the employer was negligent in entrusting an employee with a dangerous instrument.

Wrongful death statutes

Many states have a wrongful death statute. The Washington State wrongful death statute allows the family of a person who was killed by another person's negligent act to recover compensation in a civil action. Wrongful death cases often arise from motor vehicle accidents but they can also arise from on-the-job-accident, criminal attacks, school sporting activities and dangerous products.

In filing a wrongful death lawsuit, the estate should retain an attorney who is knowledgeable and skilled to successfully navigate the legalities involved.

Let us help you

The Farber Law Group, a personal injury law firm located in Western Washington, has more than 30 years experience handling wrongful death cases and has obtained millions of dollars in compensation for families.

Citation: Doe v. Roe Trucking Co., Confidential Dkt. No. (Pa., Confidential Ct. Sept. 2011).

Continue reading " Estate of woman killed by trucker who fell asleep at the wheel receives $4.8M wrongful death award " »