Articles Posted in Wrongful Death

By

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.
Continue reading

By

A recent seattletimes.nwsource.com article serves as a reminder of how important it is to use extreme caution when in close proximity to train tracks, whether you are in an automobile, riding a bike, or, especially, a pedestrian on-foot. According to the report, a woman was killed after being hit by an Amtrak train that was on its way to Seattle from Portland. The train accident in Washington occurred one mile north of Sumner on September 29, 2009 at 9:20 p.m. at a private train crossing along Burlington Northern property. The identity of the woman has not yet been released due to the accident still being under investigation.

It is never the best idea to walk along train tracks, yet this wrongful death accident marks the 10th death this year of a person trespassing on Burlington Northern property. Even if it were the 1st death, any loss is one too many. This recent accident raises the question as to what (if anything) is being done to deter trespassers at this location so that the risk of death and injury can be curbed.

Train accidents can occur for a variety of reasons ranging from operator negligence to train or track part failure. Whatever the cause of a train accident, negligence in some form is often to blame in which those who suffer as a result have legal rights that deserve to be protected. When an innocent victim is killed in a train accident, surviving family members may be able to hold those responsible liable for their loss and any financial consequences that result from the death. In such cases, family members may want to consult with a skilled Seattle train accident attorney to find out if they qualify to receive such compensation. It may also be in the best interest of an individual injured in a train accident to seek legal counsel as well, considering that train accident injuries can lead to steep medical bills, and even years of physical therapy and rehabilitation treatment.
Continue reading

By

A recent story about a 15-year-old autistic boy who died shortly after undergoing dental work at Seattle Children’s hospital has left parents feeling shocked and outraged. According to a kirotv.com article, the boy was discharged from the hospital on March 9 and was discovered dead the next day. The cause of this tragic death was linked to a drug overdose of fentanyl administered by a pain patch that is usually given to patients who suffer from chronic pain. The FDA notes that fentanyl is not meant to be given as a pain reliever for mild surgical procedures. In fact, fentanyl is actually intended for those who commonly take narcotic pain medication.

Although Seattle Children’s hospital has publically apologized for their serious medical error, many parents are wondering if their children are safe in the supposed caring hands of physicians and other medical professionals. Hospital officials have said that they are taking necessary steps to ensure that such a mistake never occurs again. The question still remains though as to why such a powerful medication like fentanyl was given to the teenager in the first place. It is also unnerving that the medical mishap is said to not have been the fault of one particular medical professional, but was instead the failure of multiple individuals.

Based on the story, the Medical Director of Seattle Children’s stated, “We can never bring back this child or fully understand to what level we have devastated their family….We are deeply sorry for the family and will everything in our power to ensure this never happens to another child at Children’s.”

In learning of this serious incident, it may not surprise most people that the family of the deceased teenager has filed a wrongful death lawsuit, claiming that reckless and negligent behavior on the part of the two dentists and Seattle Children’s was responsible for the teen’s death. With the assistance of a medical malpractice lawyer in Seattle, the family may receive compensation for their loss.
Continue reading

By

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.”
Continue reading

By

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”.
Continue reading

By

Any kind of auto accident is tragic, especially when such an incident is caused by a preventable factor like speeding, cell phone use, or impaired driving. A recent car collision reported by seattletimes.nwsource.com is a reminder of how detrimental speeding can actually be, and should serve as a powerful deterrent next time a motorist thinks of violating the speed limit. According to the article, high speed driving influenced the accident in SeaTac, causing an SUV carrying three people to run off the road, crash into a building, and catch fire. Sadly, all three people in the vehicle did not survive the fiery collision.

Although the report did not mention how fast the vehicle was traveling, it can be assumed that speeds were quite extreme considering that the car jumped a curb after passing the center line, broke a utility pole support wire, and proceeded to crash into the building. Apparently, residents consider the particular street that this accident occurred on to be a common spot for speeding. One resident said she has contacted police many times to either increase their patrol of the area or do something about putting in speed bumps to help curtail speeding.

Negligent drivers put passengers, pedestrians, and other drivers at great risk of suffering catastrophic injury or even death. Auto accidents in Seattle can be devastating, partly because they are so unexpected, and often result in life-changing consequences.
Continue reading

By

The investigation continues into the cause of a serious motorcycle accident in Seattle that took the life of one man and left another motorcyclist in critical condition with severe injuries. Seattle Police reported that even though there is no indication that the two motorcycles hit each other, they were both involved in the accident that occurred at around 2 a.m. in downtown Seattle. The man who was killed has been identified and was 36-years-old.

The two men in this incident were members of the “Drama Boyz” motorcycle club, its headquarters located in very close proximity to the scene of the crash. The two crash victims were on their way to the club at the time of the accident, its cause unknown at this time. According to an article from nwcn.com, the debris field stretched over two city blocks. It is speculated that high speeds may have played a determining factor in the accident.

Riding a motorcycle can be an exhilarating experience and provide a person with a more gas-conservative means of transportation; however, it’s no secret that motorcyclists are more exposed to the many threats that a collision poses. According to a National Highway Traffic Safety Administration 2007 motorcycle report, there were 5,154 motorcycle fatalities. The report also stated that helmets saved an estimated 1,784 lives in 2007 in which 800 more lives could have been saved if all motorcyclists had worn their helmets.
Continue reading

By

On the afternoon of Sunday, August 2, 2009, a serious car accident took place in Washington, killing three men, all identified as brothers from Yakima. According to a kings5.com report, the three brothers were riding in a Jeep Wrangler, which swung into oncoming traffic and ran into a Ford Expedition that had a boat in tow. Seven others suffered injuries in the crash and were taken to local area hospitals to be treated. According to Washington State Patrol, the driver of the Jeep was 21-years-old, his two sibling passengers ages 15 and 11.

There could be any number of reasons why this tragic accident occurred; however it is not known at this time why the Jeep drove into oncoming traffic. Regardless, life was lost, grief is now undoubtedly being felt by many, and pain and injury are the nagging remnants of reckless driving gone awry. The aftermath of an auto accident in Seattle or anywhere in the state of Washington can create unimaginable challenges for an individual and his or her family to overcome. Far too often, a passenger or driver must endure catastrophic injuries such as spinal injury, brain injury, or severe burns. No one ever expects that they will be injured in an auto accident or that a loved one will be lost due to the negligence of another driver, but it unfortunately does happen on a regular basis.

The Washington State Department of Transportation continues to implement new ways to improve the safety of our roads and to decrease congestion. According to WSDT, the number of traffic fatalities in the state of Washington is among the lowest in the nation. However, such a number could always be lower, and certainly does not mean that preventative measures seeking to improve Washington roads and highways should at all decrease or be called off.
Continue reading

By

Friday night on State Route 9 in Mount Vernon, a 60-year-old Mount Vernon motorcyclist was killed and four other people were injured in a multi-vehicle accident.

Seattle’s KOMO news.com reported that the motorcyclist was heading north on SR 9 when he crossed the center line and collided head on with a Honda CRS that was heading south. The Honda then crossed the median and hit a northbound Hyundai.

The 53 year old woman who was driving the Honda was taken to Skagit Valley Hospital with serious injuries. The driver of the Hyundai, who sustained minor injuries, was treated at the accident scene. Two passengers in the Hyundai were taken to Skagit Valley Hospital with minor injuries.

The accident is being investigated by police.
Continue reading

By

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.
Continue reading

Contact Information
900 Aurora Ave N #100
Seattle, WA 98109
Voice: (206) 298-9900
Fax: (206) 285-9400
Toll Free: (800) 418-8282

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Bernard Law Group
JUSTIA Law Firm Blog Design