Seattle Car Accident Lawyer Blog

Oregon is joining Washington and California in banning all drivers from using hand held cell phones while driving. Other Western states including Montana, Idaho and Nevada do not have a ban in place yet according to the Insurance Institute for Highway Safety.

The Oregon cell phone ban will go into effect on January 1st, 2010 and drivers who are caught will receive a $90 fine. Drivers, however, will be able to use a hands free device while driving and some certain drivers, like law enforcement officers working for public safety, will be exempt. Unlike Washington's ban, Oregon's hand held ban will be a primary offense.

Oregon has had a cell phone ban in place for teenagers since 2007 but it was listed as a secondary offense. In 2010, the restrictions for teenagers will increase, prohibiting teens from using a hands free cell phone.

All drivers in Oregon are prohibited from text messaging while driving.

If you believe your car accident was caused by someone using a cell phone, read, "What if my accident was caused by someone using a cell phone?"

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 families of those killed.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

October 5-9, 2009 is the "Drive Safely Work Week," a network of employers for traffic safety sponsored event which encourages employees to drive safely. Board member companies include Abbott, AmeriFleet Transportation, Anheuser-Busch, Chubb Group of Insurance Companies, General Motor Corporation, Johnson & Johnson, Liberty Mutual Insurance Group, Monsanto, National Highway Traffic Safety Administration (NHTSA), National Institute for Occupational Safety and Health (NIOSH), Nationwide Mutual Insurance Company and UPS.

The main message of the campaign is that, regardless of the job, "getting home safely is the most important thing anyone will do today."

The event puts the focus on driving with intent. Employees are reminded that distracted driving is dangerous:

 Research shows that driving while distracted is the leading factor in most car accidents and near-accidents. In fact, four out of five crashes and more than half near-crashes involve some form of driver inattention.

Increasingly, distracted driving has been on the forefront of motorist's minds because of the ubiquitous use of cell phones. If you believe your car accident was caused be someone's negligent use of a cell phone, you'll want to read our article, "What if my accident was caused by someone using a cell phone?"

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.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

The Insurance Institute for Highway Safety has announced that New York has joined Washington state in banning text messaging by all drivers. The New York law is effective November 1, 2009.

About half of the states still have no cell phone bans while eight states have only partial bans. Click here for a list of cell phone laws by state.

Washington State has banned all drivers from using a hand-held cell phone and text messaging while driving. The states with cell phone bans vary in their approach. Some states only place the ban on drivers younger than 18 and school bus drivers.

Washington state cell phone laws apply to all drivers but the offense is categorized as "secondary." That means that a driver will not be ticketed unless he or she is stopped for another offense like speeding, illegal lane change or running a stop light.

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 families of those killed. With our help, you may receive compensation for your damages including medical costs.

See What if my accident was caused by someone using a cell phone?

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

Oregon has just passed a law banning the use of hand-held cell phones while driving. The new law, which goes into effect January 1, 2010, pertains to all drivers. Unlike the Washington State cell phone law which made using a hand-held cell phone a secondary offense, Oregon went a step further and made it a primary offense. A secondary offense means that a police officer cannot stop a driver if he or she sees a driver using a hand-held cell phone unless they are pulling them over for a primary offense like running a red light or speeding.

Oregon's Cell phone law is House Bill 2377 and it imposes a $90 fine for a violation. In addition, it prohibits drivers younger than 18 from even using a hands-free cell phone but allows adults to.

Recent car accident data shows a correlation between texting and using cell phones while driving with an increased car accident risk. If you believe your car accident was caused by someone using a cell phone, read What if my accident was caused by someone using a cell phone?

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 families of those killed.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

The Alert Drivers Act -- "Avoiding Life-Endangering and Reckless Texting by Drivers Act" -- is a bill introduced by Senate Democrats which require all states to ban texting on cell phones or other personal electronic devices by drivers.

The bill applies to anyone operating a car, truck, bus or mass transit system conveyance like light rail. Already, 14 states have a ban in place and 11 states have a modified plan. Washington State recently enacted RCW 46.61.688 "Sending, Reading, or Writing a Text Message While Driving" which makes it a secondary offense to text while driving.

The Senate's bill, if passed, requires states to issue texting bans or lose federal highway funds.

A research report by Virginia Tech Transportation reported that drivers truck drivers who text while driver are 23.2 times as likely to be in an accident than non-distracted drivers. Likewise, a report in Car and Driver magazine revealed that texting while driving is even more dangerous than driving under the influence.

If your injury car accident was caused by another driver's negligent use of a cell phone or other personal electronic device, you should contact a personal injury attorney. With the help of The Farber Law Group, we will work to obtain you compensation for your damages. Read our article, What if my accident was caused by someone using a cell phone?

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

Virginia Tech Transportation Institute just released the data from their large-scale and naturalistic driving studies which provide data on driver distraction and cell phone usage. Their studies observed drivers for more than 6 million miles of driving.

We recommend you read the study and share it with the members of your family. Basically, the study tells us what we already know: using cell phones while driving distracts the driver -- even a hands-free device -- and increases your chances of being in a car or truck accident. Text messaging or "texting" while driving is even more dangerous than dialing or answering your phone. Truck drivers who text message are 23.2 times more likely to be in a truck accident or near accident while texting.

It seems like a "no brainer" -- any activity that takes your eyes off the road when you are driving 55 miles per hour is going to endanger the lives of everyone in your vehicle and the other drivers on the road and increase your chances of being involved in an accident.

Read the study and then ban your teenagers from ever using their cell phone while driving. And, then avoid using your cell phone while driving and never text message while driving.

If you have been in a car or truck accident and you believe it was caused by the other driver's usage of a cell phone, read our article "What if my accident was caused by someone using a cell phone?"

Contact us if you've been in a car or truck accident that resulted in serious injuries. We will work to insure that your rights are protected.

Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.

The Wenatchee World reports that a 16-year-old girl caused a rear-end car accident when she hit a car stopped at a light because she was text messaging at the time.

According to the report, the teenager was driving on Western in Wenatchee after 4pm when she rear-ended the stopped car which then was pushed into the stopped car in front of it.

The teenage driver and her 15-year-old passenger were both taken to Central Washington Hospital complaining of neck pain. The car that was rear-ended contained two teens, a 16-year-old driver and a 17-year-old passenger, and they both went to the hospital complaining of neck pain. The driver of the 3rd car was not injured.

Police will cite the teen for following too closely and driving with a passenger that was not a sibling which is in violation of the teen's intermediary driver's license. The police are not going to cite her for RCW 46.61.668 even though she told witnesses that she was texting at the time of the accident.

People who are involved in car accidents, especially a rear-end accident, often complain of neck pain. The common term for this is "whiplash" which describes a hyperflexion/hyperextension injury or a cervical strain/sprain. Often this is a painful injury which requires treatment using ice and heat and physical therapy. If the injury lasts more than 10 days, the condition may be more serious and require a specialist.

It is curious as to why the police did not cite the teenage driver with RCW 46.61.668 which prohibits "Sending, Reading, or Writing a Text Message While Driving." This vehicle code can impose a $101 fine.

If you believe the car accident you were involved with was caused by the other driver's negligent use of a cell phone or other device, you should read "What if my accident is caused by someone using a cell phone?" If your injuries are serious, you should contact a personal injury attorney who specializes in car accidents. With the help of a knowledgeable attorney, you may recover compensation for your damages including pain and suffering.

The Farber Law Group, with offices in Seattle and Bellevue, has more than 30 years experience represent car accident victims and their families. Contact us at 1-800-244-9087 or e-mail attorney@hgfarber.com.

Laws regarding using hand held cell phones while driving are already in place in Washington, California, Connecticut, New Jersey, New York, District of Columbia and Utah. In Utah, they call the offense "careless driving."

Maryland has become the 11th state to ban "texting" -- text messaging -- while driving according to the Insurance Institute for Highway Safety. Texting is already banned in 10 states.

In Washington State, the use of a cell phone while driving, including texting, is considered a secondary offense. Drivers will not be ticketed by police for using a cell phone unless they are also stopped for another offense.

If you believe your car accident was caused because the other driver was negligently using a cell phone, there are steps you should take to insure their cell phone usage can be put into evidence. Read What if my accident was caused by someone using a cell phone? for more information.

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 families of those killed. With our help, you may recover compensation for your injuries including medical costs, loss of wages and for pain and suffering.

Contact The Farber Law Group at 1-800-244-9087 to schedule your appointment, or attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you.

Federal Investigators have ruled that the driver of a Boston trolley was at fault in a accident in which he rear-ended a stopped trolley because he was texting at the time of the trolley accident. The accident occurred on Friday night and injured 20 people.

According to CNN.com, trolley operators were already banned from using cell phones while driving but after the accident, they were told to leave mobile devices at home.

A train operator was text messaging in last year's devastating train accident in California in which 25 people were killed.

In Washington State, drivers are banned from text messaging while driving and also banned from using a cell phone without a hands-free device. Violators can receive a $101 ticket.

If you believe your car accident was caused by someone using a telephone, you may have case for the driver's negligence. Read "What if my accident was caused by someone using a cell phone?" for more information.

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This information is brought to you by Seattle Car Accident Lawyer blog, a service of The Farber law Group. We are a personal injury law firm with offices in Seattle and Bellevueand we represent people seriously injured in car accidents and the families of those killed.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com.

A driver who was text messaging (also known as "texting") while driving over 60 miles per hour crashed into the back end of a Boise patrol car on Interstate 84 in Meridian, Idaho reports Seattle's KOMO TV News Station.

Luckily, the patrol car was empty at the time of impact but the driver suffered injuries and was taken to St. Luke's Hospital in Meridian for treatment. The injured motorist is a 37-year-old Nampa man. He had been drinking but his blood alcohol limit (BAC) was under the legal limit.

The motor vehicle accident occurred around 10:15 pm when three Boise patrol cars were stopped alongside the road, arresting another motorist for driving under the influence.

Police credit department policies, which had the three patrol cars parked at a distance from one another and the police had the suspect DUI driver off to the side of road, for preventing further injury.

The distracted driver has not been charged at this time. Washington State Vehicle Code has several statutes which provide penalties for sending, reading or writing a text message while driving (RCW 46.61.668) or using a cell phone that is not hands-free while driving (RCW 46.61.667).

If you believe your car accident was caused by a negligent driver using their cell phone, you should contact a personal injury attorney. An experienced car accident attorney can subpoena cell phone records and establish your case that the other driver was negligent. Read What if my accident was caused by someone using a cell phone?

Contact The Farber Law Group if you'd like assistance with your case. We have more than 30 years experience representing car accident victims and their families. We have offices in Seattle and Bellevue to assist you.

The Federal Way Police Chief, Brian J. Wilson, was in a minor car accident in his unmarked police car because he was checking his BlackBerry device at the time reports The Seattle Times.

The car accident occurred at the intersection of South 324th Street and Pacific Highway South in Federal Way on March 18. Pacific Highway South is part of State Route 99.

According to the article, Wilson was stopped at a red light when he checked his BlackBerry. Due to driver distraction, he let off the brake and hit the car stopped ahead of him. There was no damage or injuries.

Wilson was given a verbal reprimand and has issued an apology. He will not be ticketed or reprimanded due to a city policy which does not hold officers responsible for accidents with less than $700 in damage. This has incensed many who believe that the Washington State Law forbidding the text messaging while driving should apply to everyone, though there is an exemption for emergency vehicles.

Driver distraction is estimated to cause 25-30 percent of all police-reported car accidents which means 1.2 million accidents a year. Cell phone usage and text messaging has been an increasing problems in the past five years. Last year, Washington State enacted two vehicle codes which regulates using a wireless communications device while driving (RCW 46.61.667) and sending, reading or writing a text message while driving (RCW 46.61.668).

If you believe your car accident was caused by another's use a wireless communications device, click here. If you have serious injuries due to your accident, you should contact a personal injury attorney so that your rights are protected. With the help of an experienced and knowledgeable law firm, you may recover compensation for your damages. The Farber Law Group, with offices in Seattle and Bellevue, has more than 30 years experience in the Pacific Northwest representing car accident victims and their families.

Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com.

The National Traffic Safety Board (NTSB) has called for the ban of cell phone usage in cars period. Statistics show that nearly 85% of Americans have some type of cell phone service and that approximately 6% of drivers are talking on their cell phones while driving at any point in time. Additionally, 10% of teen age drivers are talking on their cell phone or text messaging while driving. These statistics are particularly grim when you look at the statistic that with driver distraction, a driver has a four times greater car accident risk if using a cell phone -- even one equipped with a hands-free device.

It's no wonder given these statistics, technology provides parents the ability to block their teenagers from the ability to use their cell phones while behind the wheel. I thought I would mention a few of the new products here:

• Key2SafeDriving -- provides a key which wirelessly connects with a cell phone through Bluetooth or RFID and blocks cell phone use when the key is in the ignition.

• Smart Phones - which uses GPS and will disable the cell phone if a child is driving.

• Driver Assistant -- determines if a person is driving and then and will intercept incoming calls and prevent outgoing ones while driving. One driver assistant is by AegisMobility.

I'm sure we'll be seeing more technology coming out in the near future. To reiterate Washington's cell phone usage laws:

RCW 46.61.667 - prohibits a driver from using a hand-held cell phone while driving.
RCW

RCW 46.61.668 - prohibits a person from sending, reading or writing a text message while driving.

If your car accident was caused by the other driver's cell phone use, read What if my accident was caused by someone using a cell phone? Then, contact The Farber Law Group, a personal injury attorney with offices in Seattle and Bellevue with more than 30 years experience representing car accident victims and their families.

The U.S. National Safety Council is calling for the complete ban of cell phones in automobiles, including hands-free devices reports an article in The Tech Herald.

The NSC looked at statistics on car accident fatalities and injuries and find that 636,000 car accidents are caused by driver distraction including car cell phone usage, which is 6% of all vehicle accidents.

The NSC cited a Harvard Center for Risk Analysis study which said that the usage of cell phones in cars resulted in 12,000 serious injuries and 36,000 deaths.

According to the report, the NSC believes that even with the Washington State hands' free laws which calls for a blue-tooth hands-free device to be used, that cell phones still cause distraction which results in motor vehicle accidents.

This information is bought to you by Seattle car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents as the result of another driver's negligence.

Contact The Farber Law Group today for a free case evaluation.

See our article, "What if my accident was caused by someone using a cell phone? "

Earlier this year, the Washington State Legislature passed a law which bans text messaging while driving Also known as, "DWT" -- "driving while texting". RCW 46.61.668 -- Sending , Reading, or Writing a Text Message While Driving -- imposes a $101.00 fine on anyone caught text messaging while driving. In 17 other states, teenage drivers are banned from using cell phones at all while driving. Oregon is trying to pass a bill by their legislature which would impose a $720 fine if someone is caught texting while driving.

Driver inattention is a leading cause of car accidents. If you are busy texting, dialing your cell phone, changing a radio station, eating or using your blackberry, you are at risk of having an accident. You never know when the car ahead of you will abruptly stop and, if you aren't aware and vigilant, you will likely rear-end that person.

If you rear-end someone while text messaging, their insurance company or attorney will subpoena your cell phone records immediately prior to the accident and you'll be found negligent in the accident, your insurance company will have to pay out big bucks and your insurance rates will go up or your policy will be canceled. What a heavy price for text messaging!

Nationwide Insurance Company provides some of the following statistics about DWT. From the numbers, you can see that using this technology is certainly a generational thing.

• 46% of drivers age 16 and 17 admit to texting while driving
• 37% of drivers ages 18-27 admit to texting while driving
• 14% of drivers ages 28-44 admit to texting while driving
• 2% of drivers ages 45-60 admit to texting while driving

If you've been involved in a car accident and you believe the other driver is at fault due to using a cell phone or text messaging, read our article, "What if my accident was caused by someone using a cell phone?"

This information is brought to you by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in automobile accidents due to another driver's negligence. We will work to help you recover compensation for your damages.

Contact The Farber Law Group today for a free case evaluation.

I recently reviewed a report entitled Driver Distraction: A Review of the Current State-of-Knowledge published in April by the National Highway Traffic Safety Administration. This report looked at many studies having to do with Driver Distraction. With cell phones becoming so ubiquitous I was interested in how they affect driving performance. In fact a blog we posted yesterday about a bicyclist who suffered a serious spinal cord injury was caused by driver distraction.

The report cited studies that found that approximately 10.5 % of car accidents which were serious enough so that at least one car had to be towed away from the scene was due to a distracted driver. Another study found that distraction was a major factor in 33% of the crashes and 27% of near crashes.

What is Driver Distraction?

Driver distraction is anything that causes a driver to shift their attention away from the driving task, usually to the detriment of driving performance.

Driver distraction can be caused by every day activities including eating, smoking, changing radio stations, setting a GPS device and the usage of cell phones and text messaging.

Studies have broken distractions into several categories.

Inside the car distractions:

• Purposeful -- for example changing a radio station
• Incidental -- answering a phone or eating
• Uncontrolled -- examples are being distracted by a child, pet, sneezing or coughing.

People are often in the habit of performing purposeful secondary tasks and some might even be beneficial to help break boredom and to counteract fatigue.

External distractions:

• Animals running in front of a vehicle
• Weather conditions like a blinding sun
• Oncoming headlights
• Sirens
• Advertising

Several laws have been enacted to prohibit text messaging while driving and to prohibit talking on the cell phone without a hands-free device while driving. Remember, though, it's not just cell phones that can cause you to be distracted.

This information was brought to you by Seattle Car Accident Lawyer Blog, a service of The Farber Law Group. We represent people who have been seriously injured, or the families of those killed, in motor vehicle accidents due to the negligence of another person. We have more than 30 years experience in Bellevue, Washington. With our help, you may receive compensation for your damages including pain and suffering.

Contact The Farber Law Group today for a free case evaluation.

Read also, What if my accident was caused by someone using a cell phone?

Have you been in a car accident and wondered what to do? As a Seattle Car Accident Lawyer, we can recommend you do the following things immediately following your accident:

• Call the police and wait until they arrive.
• Take pictures of the accident. If you have a cell phone camera, that will work. Otherwise, carry one of those disposable kind in your car emergency kit.
• Be sure to write down pertinent details including
  • Name, phone number, address and insurance information of the person who was involved in the accident with you.
  • Note the date and time of the accident.
  • Note the location of the accident, street name and what direction you were heading in.
  • Gather the name and phone numbers of any witnesses.
  • Note the driving and road conditions -- sunny, rainy, foggy, lots of traffic, etc.
  • If you suspect the other person was talking on a cell phone at the time of the accident, click here for more information.
• Call your insurance company immediately. Your insurance agent should be able to give you information on obtaining a rental car and offer advice if the motorist who hit you was uninsured. Keep your claim number and policy number handy.
• Keep records such as names, dates, times of everyone you talk to in conjunction with the accident including your insurance company, police officer and your doctor.
• Hire an attorney if you have permanent scarring, loss of a limb, traumatic brain injury, whiplash, had to spend a night or more in the hospital, had to miss many days work, or if you will have to have ongoing therapy.
• Contact the insurance company of the person who hit you and tell them you want to file a third party claim. Be careful, however, if they pressure you to make a statement or sign documents of settlement.
• Get the name and phone number of your claims adjuster who is assigned to assess the damages to your car. If the car is totaled, research your car's value on Kelly Blue book, Edmunds.com and recent auto advertisements. Be prepared to negotiate an equitable settlement for your car. Be sure to itemize special features of your car including brand new tires, high end stereo systems, etc.
• Have the repair estimate authorized before repairs begin.
• Do not settle the medical part of your claim until your treatments are concluded. If you settle too early, you can not be reimbursed for any additional medical costs.

This information was provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. If you have been seriously injured in a car accident you should contact The Farber Law Group with more than 30 years experience in representing motor vehicle accident victims. We represent victims on a contingency fee basis; this means you pay nothing unless we recover a settlement for you.

Contact The Farber Law Group for a free case evaluation.

Seattle's King5TV.com is showing a sensational video of a bicyclist on the hood of a car. The video, which was taken with a cell phone, shows a car driving at high speeds with a bicyclist holding on for dear life on the hood of the car. View the video.

The road rage incident happened on at the intersection of SE 58th Avenue and SE Washington Street in Portland, Oregon. The bicyclist, Jason Rehnberg, 37, yelled at a driver of a car to slow down. The driver, James Millican 21, became enraged and tried to hit the bicyclist with his car. After running over the bicycle, he tried to run over Rehnberg and two witnesses who were copying down his license plate number. Rehberg ended up on the hood of Millican's car and held on to the windshield wiper blades as the car careened around the neighborhood. Rehnberg was able to dismount at 60th Avenue.

Millican was arrested and is being charged with attempted assault, kidnapping, second degree attempted assault, driving under the influence of intoxicants, criminal mischief and reckless driving according to King5TV.com.

Rehnberg was not injured in the incident.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents, bicycle accidents and pedestrian accidents. We have more than 30 years experience in the Pacific Northwest, representing cases in Spokane, the tri-cities area, Tacoma, Kent, Everett, Seattle and Portland.

Contact us today for a free case evaluation.

The Seattle Post-Intelligencer reports that Redmond police have decided to cite a driver who was involved in a bicycle accident earlier this week. The bicyclist, a 43 year old Kirkland man, was commuting to work on his bicycle along the 14400 block of Old Redmond Way when a pickup truck made a right turn in front of him. The accident left the bicyclist with severe head injuries. He remains in Harborview Medical Center in stable condition a few days after the accident.

The driver of the pickup truck, a 48-year-old man from University Place in Pierce County, was not under the influence of alcohol or drugs at the time of the accident. However, the Redmond police are citing him for "inattentive driving." It is the duty of all drivers to give their driving the attention required based upon the weather conditions, traffic level, roadway conditions and the presence of pedestrians or bicyclists.

An "inattentive driving" citation is also given to people using cell phones while driving when they are involved in an accident.

Jim Bove, a Redmond policeman spokesman said, "Whether you are driving a vehicle or riding a bike, it's important to be aware of your surroundings." He said that there have been at least three accidents involving bicyclists in the past month and this one has been the most serious. The pickup driver was said to be unfamiliar with the area.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured or killed in bicycle accidents. In the past year, more than 700 bicyclists died in accidents with two-thirds of those suffering traumatic brain injury.

If you or a loved one has been injured in a bicycle accident, contact The Farber Law Group immediately. We will work to insure you are compensated for medical bills, lost wages, pain and suffering, and any damages for permanent disabilities that you may have suffered.

A new law regulating cell phone use while driving goes in effect July 1st throughout Washington State. The new law makes it illegal to put a cell phone to your ear while driving, although you can still use a cell phone with a hands-free device such as blue tooth or an ear plug. The new law was enacted in the hopes of reducing car accidents. According to the The Olympian, the fine will be $124.

The law makes using a cell phone while driving a secondary offense. That means, police can not stop you just for a cell phone infraction but they can ticket you if they stop you for something else.

Text messaging while driving became a secondary offense earlier in the year in Washington State

If you believe your accident was caused by the other driver being inattentive due to cell phone usage, you should take the following steps immediately after the accident:

• Ask any witnesses if they observed the other driver using a cell phone
• Ask the other driver in front of witnesses, "Were you using your cell phone?"
• Ask the police officer to check the person's cell phone for their number and also last few calls and times of calls. If the driver refuses, the officer can ask them for their cell phone number.
• Once you have received medical treatment, contact your auto accident attorney who may ask the court to legally preserve the cell phone records of the other driver. This information can help you prove in court that the other driver was negligent due to cell phone usage.

This information was brought to you by Washington Injury Attorney, a service of The Farber Law Group. We are a Washington law firm serving the greater Seattle area including Everett, Tacoma, Bellevue, Seattle, and Kent. We have more than 30 years experience in handling auto accident cases. Contact us if you have received serious personal injuries or severe whiplash.

Contact us today for a free case consultation.

In the second pedestrian vs. train accident of this type within the past few weeks (see previous posting), a 50-year-old Renton, Washington man was killed by an Amtrak train while he was talking on his cell phone. KOMO TV reports that the accident occurred in Auburn near the Emerald Downs race track around noon. Apparently, the man did not hear the train's horn because of his phone conversation.

Angie Rodriguez (age 17) was killed about two weeks ago by an Amtrak train as she talked on her cell phone while walking near train tracks in Kent.

This information was brought to you by the Washington Injury Attorney Blog, a service of The Farber Law Group. We represent accident victims and their families. Contact us today if you or a family member has suffered a serious personal injury or wrongful death due to the negligence of another. We will provide you with a free case consultation.

As cell phones become more and more common, some States have enacted laws regulating their use while driving. In Washington State, text messaging on a cell phone has been banned starting in July 2008 and violators are subject to a $101 ticket. That is because tests show that people talking on a cell phone or text messaging are as impaired as someone who has been abusing drugs or is under the influence of alcohol. In other states, laws regarding the use of the cell phone while driving vary and you can check them at the Insurance Institute for Highway Safety.

Often, the use of a cell phone can cause a driver to be inattentive and the cell phone usage can be a significant cause in any accident.

If you are in an accident and you believe that the other driver was talking on a cell phone at the time, here are some steps you should take:

• As in any accident, try to stay calm and then start collecting the facts. Note the time of the accident because this is important if your lawyer needs to look at the other driver's cell phone records. Be sure to mention to the police officers when they arrive at what time the accident occurred.

• Ask witnesses if they saw the driver on the cell phone. Or, when you talk to the other driver, you might ask, "Were you using a cell phone?" If they admit they were, your witnesses may be able to testify to that fact.

• Ask the police officer to check their cell phone, record their cell phone number and the last few calls made and received and note the times of these calls. If the person refuses to let the officer see their phone, then ask the officer to obtain their cell phone number.
  
  

  
  
• After you receive medical attention, be sure to contact an experienced automobile accident attorney who may be able to legally preserve the person's cell phone records and connect them with the time of the accident. This can help you prove your case in court.
  

The Farber Law Group is a Washington law firm with more than 30 years experience in handling auto accident cases. Contact us if you have received serious personal injuries or severe whiplash. We are happy to meet with you and provide a free consultation.

A 17-year-old girl from Kent, Washington was hit by an Amtrak train today as she walked across the tracks near James Street reported KiroTV.com. There was no crossing signal or barrier on that portion of the tracks.

The girl, who appeared to be talking on a cell phone while she walked, apparently did not notice the oncoming train.

The King County Medical Examiner is conducting an investigation. The name of the girl has not yet been released.

This information was brought to you by the Washington Injury Attorney Blog, a service of The Farber Law Group. We represent accident victims and their families. Contact us today if you or a family member has suffered a serious personal injury or wrongful death due to the negligence of another. We will provide you with a free case consultation.