Seattle Car Accident Lawyer Blog

Woman receives settlement for injuries sustained in parking lot accident

Wed, 09 May 2012 15:39:34 -0800

A recent car accident settlement can remind us how serious parking lot accidents can be. A woman who sued the driver who hit her car in a parking lot accident has been awarded a $191,700 car accident injury award.

Marie Campbell, 47, suffered serious injuries when her car was hit by Bryon Transue's SUV in a grocery store parking lot. Her numerous injuries including a cracked rib, a broken jaw and injuries consistent with whiplash. She has not been able to return to work as an insurance salesperson due to medical problems she still experiences including vertigo, jaw problems and pain. Her medical expenses at the time of the court date were $60,0000.

Campbell filed a lawsuit against Bryon Transue, the driver of the SUV that hit her vehicle. She claimed in her lawsuit that Transue was negligent in hitting her vehicle as he pulled out of a parking spot. See: Campbell v. Transue, No. 09CV1526 (Kan., Wyandotte Co. Dist. Feb. 15, 2012).

With tens of thousands of parking lots and parking structures, accidents are bound to happen. While many are of the minor "fender bender" type because of the low speed that most vehicles are traveling in a parking lot, some parking lot accidents such as this one can result in serious injuries.

Pedestrians often the victims in parking lot accidents

Pedestrians often are seriously injured in parking lot accidents. The elderly and the young are often susceptible to backover accidents. If a driver is distracted adjusting their radio or making a cell phone call and they back out of a parking space without paying careful attention to the people who may be walking by.

What to do if you are involved in a parking lot accident

Call the police
Call for medical assistance
Exchange information with the driver that hit you
Try to gather witness statements and contact information
Take photos with your cell phone camera

How are settlement amounts determined in Washington car accident cases?

Thu, 03 May 2012 20:28:20 -0800

If you or a loved one has been seriously injured in a Washington car crash, your first priority should be your recovery, but sometimes that is difficult, especially as one has worries about medical bills, lost wages and property damage.

As a King County car accident lawyer, we are often asked, "How much is my case worth?" While we cannot make promises about what your settlement amount might be, we can discuss with you the factors that will influence your settlement amount. We caution you to not make a hasty decision to sign the first offer your insurance company presents you just to get your accident case behind you. Sometimes in haste, car accident victims can short change themselves by taking the first offer presented.

The Farber Law Group would like to present you some information which you should consider before signing anything.

Factors that influence your personal injury damages

The following factors will influence your financial award for injuries sustained in a Washington car wreck:

Physical damages
Financial damages
Mental anguish damages
Punitive damages intended to punish the negligent party
Lost wages, current and future (in case of permanent or temporary disability)

What are 'compensatory damages' in Washington personal injury cases? Compensatory damages are awarded for a person's actual losses if they can be attributed to a person's automobile accident including:

Medical bills -- current and future
Lost income -- includes current wages and also future lost earning power
Property damages -- the replacement cost of your vehicle and personal property damaged in the accident
Pain and suffering -- for both physical and emotional pain caused by the auto accident
Loss of consortium -- can be awarded to a spouse if the spouse can no longer have a fulfilling personal relationship with the injured person because of their injuries

What are 'punitive damages" in Washington car accident cases?

Punitive damages may be awarded to a car accident victim if the driver who caused the accident was behaving in an extremely negligent manner. Punitive damages are intended to punish the driver who caused your accident. An example of a case in which a driver might be assessed punitive damages is a driver who causes a serious car accident when drag racing on city streets and blows through a red light and broadsides another car.

The Farber Law Group, a Bellevue personal injury law firm is here to help

At The Farber Law Group, we have been representing car accident victims for more than 30 years. We only represent plaintiffs, never defendants, and we will take on the insurance companies so that you get the compensation you deserve. Call us for a FREE consultation to discuss the merits of your case. We represent most accident cases on a contingent fee basis: you pay no attorney's fees until we win your case.

Call us Toll Free at 1-800-244-9087.

21-year-old Enumclaw man killed in Orting truck accident

Mon, 23 Apr 2012 12:46:09 -0800

Brandon R. Duprie, 21, of Enumclaw was killed early Sunday morning when the pickup truck in which he was riding in went off the road and struck a power pole near Orting. The driver, a 22-year-old Enumclaw man and a 22-year-old passenger were injured in the truck accident.

According to a report in Tacoma's The News Tribune, the Duprie was riding in a 20006 Chevrolet pickup truck eastbound on SR 162 when the truck swerved off the road and struck the pole.

The report said that none of the three men in the truck were wearing seat belts.

According to the Washington State Patrol, speed and alcohol appear to be factors in the accident.

The driver of the pickup truck may be charged with vehicular assault and vehicular homicide. These two charges are serious and, if convicted, the driver could face mandatory jail time.

Vehicular Homicide

Vehicular homicide, Washington state statute RCW 46.61.520 can be charged if a person is killed in a motor vehicle accident and the driver was driving under the influence of drugs or alcohol, driving without regard to the safety of others, or driving recklessly.

A driver who is convicted of vehicular homicide while driving under the influence of alcohol or drug faces a jail sentence of between six and a half and eight and a half years.

Pedestrian struck and killed in Alaskan way accident

Sun, 15 Apr 2012 15:55:09 -0800

A Seattle pedestrian accident claimed the life of a 50-year old man on Saturday around 9pm.

According to a report by The Seattle Times, the man was attempting to cross Alaskan Way at Wall Street in front of a stopped vehicle that was waiting for a train to pass. However, a Dodge minivan that was overtake the stopped vehicle, hit the man.

The man was taken to Harborview Medical Center in Seattle where he was pronounced dead.

Police are investigating the accident and questioned the driver of the Dodge van that hit the man. The driver was release pending the investigation.

Crosswalk Accident Scenarios

Crosswalk accidents often result in serious injury or death. According to the Insurance Institute for Highway Safety, if a motor vehicle is traveling at 20mph and strikes a pedestrian, there is a 5% chance of a fatality,if the vehicle is traveling at 30 mph, there is a 45% chance of a fatality, and if the vehicle is traveling at 40mph, there is a 85% chance of a fatality.

In our law practice, we have seen many different pedestrian accident scenarios in addition to the one described above.

Tukwila man critically injured in "aggressive driving" accident near Interstate 5

Sat, 14 Apr 2012 14:38:48 -0800

A 23-year-old Tukwila man was critically injured on Friday morning as he attempted to pass traffic that had slowed down due to a broken down logging truck.

The Washington State Patrol said that traffic was slow due to the disabled truck and that the man aggressively attempted to merge from 518 onto Interstate 5 and crashed into the disabled truck. His view of the disabled truck may have been obscured by a UPS truck

The man was critically injured and his Chevy SUV was totaled in the accident.

The WSP wants this accident to be an object lesson. In a press release they wrote that this was an entirely preventable motor vehicle accident if the driver had slowed down and not attempted to merge on the I-5 before legally allowed.

Aggressive Driving Accidents

Aggressive driving is defined as driving an automobile in a selfish, pushy or impatient or unsafe manner which endangers oneself or other drivers. Often an aggressive driver injures other motorists, not just himself. Aggressive driving behaviors can include ignoring freeway ramp meters, driving on the shoulder or, in this case, merging without caution.

Aggressive drivers can be cited for "Negligent Driving in the Second Degree." In this case, the driver's severe injuries seem to be penalty enough for his rash actions.

Renton man is killed, 2 others injured in Bellevue car accident

Sat, 14 Apr 2012 13:38:58 -0800

The Seattle Times reports that a 21-year-old Renton man was killed in a Bellevue car accident early Saturday morning around 12:20am. The man was riding in the front passenger seat of a BMW that crashed into a jersey barrier on the on-off ramp at NE 6th street and Interstate 405.

A female passenger, a 19-year-old Renton woman, who was riding in the rear seat was critically injured in the accident and was taken to Harborview Medical Center in Seattle, a Level I trauma center.

The 31-year-old driver of the black BMW, initially attempted to flee the accident scene but Bellevue police were able to apprehend him and he was taken to Harborview as well.

The driver of the BMW will be charged with Vehicular Assault and Vehicular Homicide. Washington State Vehicle Code RCW 46.61.520 allows the state to charge a driver with Vehicular Homicide if he or she was driving under the influence of alcohol and was involved in a motor vehicle accident in which a person was killed.

Vehicular Homicide and Assault charges are very serious crimes which require mandatory mail or prison time. Mandatory sentencing guidelines for Vehicular Homicide was just increased by the Washington State legislature to 78-102 months if the driver was intoxicated at the time of the accident.

Every year upwards of 34,000 people are killed in motor vehicle accidents every year and a third of those deaths can be attributed to alcohol. In half the car accident deaths attributed to alcohol, the driver had a BAC of .15% and higher which is nearly twice the legal limit of alcohol.

$1.5M punitive,$1.78 compensatory damages awarded to 5 injured in car accident caused by drunk driver

Fri, 13 Apr 2012 13:00:18 -0800

Florencio Gonzalez Sr. was driving a van with his five children on board when he was rear-ended by car driven by an intoxicated college student. Stanley Bryant, 20, who was driving his father's car, had a blood alcohol content (BAC) of .22 BAC when he hit Gonzalez's van.

The force of the rear-end collision pushed Gonzalez's van into oncoming traffic where the van collided with a car driven by Irma Jo Gregory. The collision was so severe that the van was ripped open and the rear seat, with two of Gonzalez's children in it, was thrown 30 feet.

Florencio Sr. filed a negligence lawsuit against Byrant on behalf of himself and his minor children. Gregory and Gonzalez's 19-year-old son also joined in on the lawsuit claiming that Bryant was negligent for driving while intoxicated and for failing to provide a proper lookout in rear-ending the van.

Two of Gonzalez's children -- Ricardo, 12, and Florencio, 19, were the most seriously injured.

Ricardo suffered serious injuries to his legs with fractures to his tibia and fibula. His growth plate was affected in one leg which could affect the leg's normal growth pattern. Ricardo had to undergo surgery to put screws in his legs to stabilize the fractures. He faces an additional surgery. His past medical expenses totaled $77K and his future medical expenses are estimated between $30-60K.

Florencio, 19 suffered a knee injury and had to undergo laparoscopic surgery to repair a torn meniscus. He also suffered a sprained ankles. His past medical expenses totaled $40.4K and his future medical expenses are estimated between $25-30K.

Gonzalez's other three children, Selenia, 17; Leslie, 14; and Kirby, 10; suffered soft tissue damage and whiplash injuries. In addition, Kirby suffered a hairline fracture to his tibia.

Middle school students averts school bus accident after driver collapses

Mon, 09 Apr 2012 13:15:12 -0800

A Milton middle student's quick action averted a bus accident when he took control of a the bus after the bus driver stopped breathing. The student took the wheel from the bus driver and brought the bus safely to a stop and removed the ignition keys.

The bus incident occurred in the 1900 block of Milton Way around 8am as the bus driver was driving the students to Surprise Lake Middle School in the Fire School District.

A school district employee started CPR on the bus driver who was then taken to Federal Way's St. Francis Hospital. His condition is unknown.

School Bus Driver Requirements

School bus drivers are highly trained professionals and they are required to complete a two-week training course prior to employment and then participate in an in-service training annually. They are required to have a medical certificate and undergo a medical examination every 24 months. Bus drivers also go through a criminal background check.

While hundreds of thousands of school children travel on school buses every year, school bus accidents do occur. Approximately 19 children are killed and 12,000 children are injured in school bus accidents annually.

Study shows that alcohol interlock devices for all convicted of DUI reduces re-offenses

Thu, 05 Apr 2012 18:08:50 -0800

In 2004, Washington state started requiring all drivers convicted of Driving Under the Influence (DUI) to have an ignition interlock device installed on their car or truck if they wanted to continue driving.

An alcohol interlock devices is a breathing device which is connected to a vehicle's ignition system and prohibits the vehicle from starting if a driver blows into the device and their Blood Alcohol Content (BAC) is above a preset level.

Washington is only one of 15 states that require everyone convicted of DUI to install an ignition interlock device if they want to continue driving. Other states only make the requirement of repeat offenders or those with a very high BAC.

A new study published by the Insurance Institute for Highway Safety found that, by requiring the interlock devices on all drivers convicted of a DUI offenses to install the devices, that Washington DUI recidivism dropped by 12%. Research extrapolated that if every driver who was required to install the device actually did so, DUI recidivism rates would drop 50%.

Washington DUI Laws

The Washington state legislature has written many laws intent at deterring and punishing those who drive while intoxicated including:

Vehicular Homicide — providing mandatory sentencing guidelines for drivers who were involved in an accident while intoxicated in which a person was killed.

Social Host — holding adults liable for furnishing alcohol to people under the age of 21.

Mandatory BAC — requiring a mandatory blood alcohol content test of drivers killed in a motor vehicle accident.

Mandatory Alcohol Assessment and Treatment — requires drivers convicted of DUI/DWI to undergo an assessment of alcohol abuse problems and participate in a treatment program.

Ignition Interlocks for First Time DUI Offenders — provides incentives or requires DUI offenders to install an ignition interlock device.

Jury awards $4.5M wrongful death verdict to family of motorcyclist killed by company van

Tue, 03 Apr 2012 19:06:25 -0800

A Colorado jury has awarded the estate of Eric Coleman, who was struck and killed while riding his motorcycle when a Principal Wellness Co. turned in front of him, a $4.5 wrongful death award.

Coleman, who was 44 at the time, was riding his motorcycle with his wife, Leola, as a passenger, when a 15-passenger van driven by Kristal Ehle, crossed a double yellow line and into Coleman's path. Unable to avoid an accident, Coleman struck the side of the van and was killed.

Coleman's mother filed suit against Ehle and Principal Wellness Co. on behalf of her son's estate. Wrongful death statutes allow the family of a deceased person to sue if someone's negligent or criminal act caused the death of their loved one.

Respondeat superior/Vicarious Liability

The suit was brought against Principal Wellness under the doctrine respondeat superior. Respondeat superior "let the master answer" is a legal doctrine that holds an employer responsible for the negligent actions of employees if they were performed in the course of their employment.

The lawsuit claimed that Principal Wellness was negligent in hiring training, supervising and entrusting Ehle with the company's van. The plaintiff claimed that Principal Wellness failed to properly screen Ehle for employment. Had they screened her for her past driving record, they would have found that she had four previous moving violations including two for speeding, one for failing to stop for a school bus and one for being involved in an accident. In addition, she was cited once for speeding while driving a Principal Wellness van.

The plaintiff also claimed that Ehle was not properly trained in driving a 15-passenger van. 15 passenger vans are larger than most passenger vehicles and can be a challenge for inexperienced driver around corners, backing up and performing other maneuvers.

School bus accident in downtown Olympia injures one

Thu, 29 Mar 2012 19:29:46 -0800

One child was taken to Providence St. Peter Hospital in Olympia after a school bus accident in downtown Olympia around 2pm today reports The Olympian. The injured student was under observation after a head injury.

According to the report, the Tumwater School District school bus collided with a Nissan Maxima at the intersection of State Avenue and Adams street. The school bus was taking students to Simmons Elementary School in Tumwater after a field trip to the Capitol. Both drivers claimed to have a green light.

The Olympia Police department is asking witnesses of the accident to contact officer Cori Schumacher at 360-753-8300.

Local authorities usually are the ones to investigate school bus accident. The National Highway Traffic Safety Administration, which oversees school bus safety, usually only investigates school bus accidents with fatalities.

Estate of man struck and killed by garbage truck settles wrongful death lawsuit for $1.15M

Tue, 27 Mar 2012 12:31:10 -0800

The estate of a man struck critically injured in a garbage truck accident settled a wrongful death lawsuit for $1.15M. (Citation: Koza v. Pope, No. 09-246465 (09) (Fla., Broward Co. Cir. Feb. 14, 2012). )

93-year-old Wladslaw Koza was hit as he approached a garbage truck from behind to offer the driver a tip for picking up some cardboard boxes. The truck driver backed over him and dragged him almost 30 feet before the driver's helper alerted the driver to stop.

Koza survived the accident but his injuries, which included a subdural hematoma and a degloving injury to his arm, were so severed that he succumbed to them about 10 days after the accident.

Before the accident, Koza was an active retiree who was renovating his home. He was survived by his three adult children and six grandchildren.

Koza's son filed a wrongful death lawsuit on behalf of his father's estate against All Service Refuse Co., the temporary service that hired the truck driver, the truck driver and other related companies. The wrongful deathsuit claimed that the driver was negligent when he violated the refuse company's policy which forbids backing up except when absolutely necessary and not without a lookout.

The defendants admitted liability before trial and the suit was settled for $1.15 million, with $1M to be paid by All Service and $150,000 from the temporary hiring agency.

Backup Accidents

Backup accidents are not that all uncommon and that is why many trucking companies develop policies to protect pedestrians, bicyclists and small vehicles. Many trucking companies also install safety equipment such as backup sensors, mirrors and camera systems on their trucks to prevent accidents from occurring.

Safety Tips for 15-Passenger Vans

Mon, 26 Mar 2012 16:26:38 -0800

This time of year, school groups, church groups, and colleges use 15-passenger vans to carry passengers to field trips, camping trips, retreats, trips to the airport and sight seeing. Group trips by passenger van can be very enjoyable and an economical way for groups to travel. However, special attention needs to be paid to safety because 15-passenger vans are sensitive to loading. When overloaded and with inexperienced drivers at the wheel, 15-passenger vans may be at higher risk for rollover accidents.

The National Highway Traffic Safety Administration (NHTSA) provides some safety tips for those driving and responsible for 15-passenger vans.

Tire Pressure

It is important to ensure that tire pressure on both front and back tires be at manufacture recommended levels. Tire inflation should be checked before each and every trip and tires that are 10 years and older should be replaced.

Driver Training

Drivers of 15-passenger vans should be experienced drivers with valid driver's license. Drivers should be well rested before driving. Many institutions have driver training for vans since 15-passenger vans are longer and wider than passenger cars and drivers must rely on side mirrors for changing lines.

Drivers should have some behind-the-wheel experience because the heavier vans require additional braking time and they do not respond to steering as other vehicles do.

Passengers

Passengers should be sure to buckle-up for every trip. Passengers should also avoid distracting behaviors which could take the driver's mind off of the road.

Overloading

15-passenger vans should not be overloaded because overloading can make the van unstable.

Vehicle Maintenance

Owners of 15-passenger vans should make sure the vans are well-maintained and insure that the suspension and steering components are inspected at the manufacturer's schedule.

5 injured in South Seattle 3-car accident

Mon, 26 Mar 2012 15:21:52 -0800

Five people were injured, one critically, when three vehicles were involved in an accident in South Seattle this morning.

KIRO TV reports that a Honda Accord, Toyota Yaris and a Ford Taurus collided at Martin Luther King Jr. Way and South Graham Street at 8:10am.

According to KIRO TV, a 40-year-old woman was critically injured in the accident. Four other people including two adults and two juveniles were injured in the rollover accident.

The impact of the collision caused one vehicle to rollover. At intersections, this is often caused by one car traveling at excessive speed at the time of the accident.

While no cause of the car accident was listed, the investigation will determine the likely cause. Police will most likely determine whether speed, running a red light or driver distraction were factors in the accident.

Town cracks down on drunk bicycling

Fri, 23 Mar 2012 14:01:59 -0800

A University town in Germany is cracking down on drunk bicyclists by slapping a whopping
€500 fine (that's more than $660 in U.S. Dollars)and banning them from using a bicycle if they get caught riding a bicycle under the influence of alcohol for a second time.

The town made this move after five bicyclists were killed in drunk driving accidents in 2011. Police also stopped 135 cyclists who were intoxicated in the same time period.
People who have been banned from using their bicycle will be required to undergo a psychological examination before they can get back on the road. In Germany drunk driving laws are more stringent than in the U.S.; a blood alcohol content of .05% is a criminal offense in Germany while .08% is an offense in the U.S.

Germany also requires that people caught driving with a BAC offense of .16% or higher be required to undergo psychological investigation before their suspended driver's license is returned. In some cases, they are required to attend a rehabilitation program before they can regain their driver's license.

Riding a bicycle while drunk increases a cyclist's risk of being hit by a car. A small study in New York City which tested the alcohol of bicyclists killed in accidents found that those with valid tests, 18-21% had alcohol involvement.

Source: Drunk cyclists face bike ban in university town, The Local