Articles Posted in News & Information

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A 51-year-old Seattle man, who remains unidentified, was taken to Harborview Medical Center in Seattle after a pedestrian accident. He sustained life-threatening injuries.

The Seattle Times reported that the unidentified man was walking on the shoulder of an Interstate 5 ramp when he was hit by a car. Although the driver of the car drove away, a Bremerton man called 911, described the vehicle and followed it until Washington State Patrol troopers apprehended the driver, a 45-year-old woman, who was arrested for driving under the influence and felony hit-and-run.
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A recent washingtonexaminer.com article has revealed some startling statistics regarding the increase in deaths caused by drug use and overdose in comparison to a decrease in traffic-related fatalities. Washington State is among 16 others in the United States where it would seem that motorists are becoming more cautious when driving but taking more risks when it comes to drugs. So, can this information lead us to simply conclude that the legal and illegal use of prescription painkillers is on the upswing? And, has driving really become safer?

The article stated that based on recent CDC data, the drug-related death rate has almost doubled from the late 1990s to 2006. On the other hand, a decrease in auto accident fatalities is supported by the National Highway Traffic Safety Administration, revealing that throughout the U.S., traffic fatalities dropped by approximately 6.5 percent from 1999 through 2006 (a drop from 15.3 deaths per 100,000 people to 14.3 per 100,000).

Aside from Washington state, the other locations in which drug-related deaths have risen above traffic fatalities include: Oregon, Nevada, Utah, Colorado, Massachusetts, New Hampshire, Rhode Island, Connecticut, New York, New Jersey, Maryland, Pennsylvania, Ohio, Michigan, and Illinois. Although it is not apparent at this time as to why these particular U.S. States have experienced such a change, experts are wondering if certain drugs in particular may be more of an issue in some states than they are in others.
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Burn injuries can happen in a matter of seconds, but the pain caused by such injuries can last a lifetime. Whether a person suffers first, second, or third degree burns, in many cases, a burn injury victim may have to endure years of rehabilitation and even multiple surgeries to help avoid disfigurement or scarring. Unfortunately, in a number of incidents, disfigurement can be permanent. Burn injuries are commonly seen in auto accidents, but some other causes of burn injury have been associated with explosions, faulty products, defective equipment, and a wide-range of negligent behavior and careless action. And as a recent komonews.com article demonstrates, critical burn injuries can be caused by house fires as well.

According to the report, twin 9-year-old sisters suffered critical burns from a house fire in Yelm, but are expected to recover. The fire is said to have been started in an electrical socket in a front room in the house. Others in the home during the time of the fire received treatment for smoke inhalation. The twin girls suffered severe lung burns. Apparently the fire began around 2 a.m. on October 1, 2009 and the survival of the two young girls can be attributed to their step-dad who, after escaping the burning house, returned to rescue the twins.
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PRWEB announced on October 22, 2009 that Kirk Bernard, founding partner of The Bernard Law Group, declared that partner and personal injury attorney Elizabeth Lindquist reached a settlement at mediation in September 2009 for $425,500 in a Washington motorcycle accident injury case. This news reflects a successful outcome for a motorcycle passenger who suffered a burst facture of her lower back due to a negligent motorist that drove past a stop sign, pulled into an intersection, and directly into the path of the motorcycle. Now that the female plaintiff represented by Ms. Lindquist has received compensation to help pay for her pain and suffering, as well as much needed medical surgery and treatment, she can focus on rehabilitation.

The entire press release can be accessed on PRWEB for those who wish to learn more about this specific personal injury case and the efforts of The Bernard Law Group.

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Last February, a 39 year old father was killed when he was hit by a car while riding his bike to work.

His widow says, “…I don’t want it to happen again.” Speaking at a crowded bicycle summit at Seattle City Hall on Wednesday night in support of tougher laws against dangerous drivers, she said, “The person behind the wheel was negligent; their behavior was the cause of someone’s death. Why are they allowed to get behind the wheel of a car?”

A Seattle city ordinance that made it a misdemeanor to kill or injure someone in a traffic accident was overturned by the state Court of Appeals in August of this year.

As a result, drivers involved in deadly crashes can only be charged with felony vehicular homicide, and the charge only applies if they were drunk, on drugs or acting recklessly at the time of the crash.

KOMOnews.com reports that according to statistics, some 500 people are killed or badly injured in traffic accidents in Washington state every year. But many of the offenders can’t be charged with any type of felony, and instead are just given traffic tickets.

One man at the summit said, “It just seems like you can break a whole lot of laws at the same time and you’re still not being reckless in the legal sense.”
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Much debate has circulated around the use of camera vans and the effectiveness of fixed camera installation to help prevent speeding in school zones. Lakewood school zones in particular have had camera vans in position to catch such speeders. However, according to a report from thenewstribune.com, these roving vans should be removed within two to three weeks due to an amended contract with Redflex Traffic Systems. Lakewood’s city council voted 3-2 to install fixed cameras near Park Lodge Elementary and Lochburn Middle School, in addition to having uniformed officers periodically patrol the school zones.

The main argument residents seem to make in regard to speeding cameras and the tickets that result is that the cameras are error-prone and the tickets are more difficult to challenge than those issued directly by an officer. In opposition to the amendment to install fixed cameras, a councilman referred to the process as a “disproportionate reaction, or solution, to a problem we don’t have.” Undoubtedly behind the councilman’s statement is the fact that officials have noted there hasn’t been a serious pedestrian-auto accident in a school zone in Lakewood’s 13-year history. However, in argument against the councilman’s stance, perhaps the reason for this is the very existence of the cameras.

Pertaining to the complaints of residents that the cameras are inaccurate in “capturing” speeders, local Police Chief stated, “Technology has bugs, and we will try our best to work them out”.
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A recent komonews.com article reported that the McNeil unit of Johnson & Johnson has issued a voluntary recall of 57 lots of liquid Tylenol products, intended for use on infants and children, due to a plausible bacterial contamination. Many parents are shocked to learn that the reputable company revealed that a B. cepacia bacterium was found in a portion of raw material that went unused in the finished product.

Although no bacteria were discovered in the finished product that reached consumers, Johnson & Johnson decided to recall the products as a precautionary measure after consulting with the Food and Drug Administration. As skilled Seattle product liability attorneys, we believe it is better to be safe than sorry in instances such as these, especially when the lives of infants and young children are involved.

According to the report, the recalled products were manufactured between April and June and are made-up of almost two dozen varieties that include Infants’ Tylenol Grape Suspension Drops ¼ oz., Children’s Tylenol Suspension 4 oz. Grape, and Children’s Tylenol Plus Cold/Allergy 4 oz. Bubble Gum. Despite there being a very slim chance that any medical events will take place since the bacterium was not present in the finished products, the company released the following statement: “It was decided, as a precaution, to recall all product that utilized any of the raw material manufactured at the same time as the raw material that tested positive for the bacteria.”
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On August 12, 2009, Seattle’s Department of Transportation announced its intent to increase safety in the Ballard Community by implementing a two-phase plan to impede speeding. In order to steer drivers in the right direction towards increasing safety, the program will focus on making motorists driving through neighborhoods aware of how fast they are driving. Representatives from the Department of Transportation stated that the program is aiming to fulfill neighborhood concerns regarding ways to ease traffic volumes and decrease the amount of cut-through traffic, as well as hinder traffic speeds in the process. In fact, it has been reported that a radar gun will supposedly be lent to residents that would like to measure and report the speed of drivers on their street so that they can play an active role in the department’s efforts.

The program’s Phase 1 measures include speed watch trailers, Neighborhood Speed Watch signs, Seattle Police Department enforcement requests, painted intersections, parking management measures, and yard-placed signs advocating driver awareness to reduce speeds. If these tools turn out to be ineffective at reducing speeds on residential streets, physical traffic calming devices such as speed humps, movable barriers, and traffic circles are likely to be installed as part of Phase 2.

According to the Washington State Department of Transportation’s 2005 Highway Collision Data Summary, speeding is consistently the number one contributing circumstance for auto accidents throughout all the regions of the state. When someone causes an auto collision because he or she was speeding, that person is responsible for committing a negligent and careless act in which he or she may be held financially accountable for the costs associated with another person’s injuries or property damage. Speeding accidents are one of the most preventable types of car accidents, and programs such as the Neighborhood Traffic Calming Program will hopefully remind drivers about how serious operating a motor vehicle truly is in order to create safer Washington communities.
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A recent article from seattletimes.nwsource.com discusses the recent conclusion that a Seattle ordinance created in 2005 that criminalizes certain traffic violations resulting in injury or death of an individual is in fact invalid due to its conflict with state law. Specifically in question is whether or not failing to yield the right-of-way is a violation in which a person could be held criminally responsible for. That is, the article mentions a man that failed to yield the right of way to a bicyclist. The bicyclist was consequently struck by the man’s vehicle, and died from brain injury sustained during the crash. The driver of the vehicle, having a previously unblemished driving record, was at first not prosecuted, then was charged with misdemeanor assault based on local city ordinance, and then eventually had the charges dropped once the ordinance’s inconsistency with state law was realized, ultimately deeming the man’s charges as being unenforceable and, therefore, reversed.

There are 60 traffic-related crimes in Washington in which vehicular homicide and assault, racing, reckless endangerment of roadway workers, and driving while intoxicated are included. Failing to yield the right-of-way is not a criminal traffic offense. It goes without saying that this realization represents both relief and anger to citizens. On the one hand, some believe that negligent drivers that cause imposing catastrophic injuries, especially those that take another person’s life, should not only be held civilly responsible for their actions, but criminally responsible as well, even if their actions result from failing to yield the right-of-way. On the other hand, criminal charges are extremely serious, and some feel that the harsh consequences are too intense for a person, one that has already made a mistake and is now forced to have to live with the results of reckless, negligent driving, to have to endure.
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A $1.7 million settlement in a sexual harassment case against Lowe’s Home Improvement Warehouse Inc. has been announced by the Equal Opportunity Employment Commission.
On Thursday, the deal was signed by U.S. District Judge John C. Coughenour, and resolves a lawsuit on behalf of three workers at a Lowe’s outlet in Longview, Washington.

A 21 year old woman claimed she was sexually assaulted by the 44-year-old store manager in his office. Two other people involved in the case are men in their 20s. They joined the woman in claiming they endured six months of physical and verbal abuse. All three wound up being fired.
According to the Seattletimes.com, besides awarding them more than $1.7 million in damages, the three-year consent decree requires Lowe’s to provide anti-discrimination training to all employees in Washington and Oregon.
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