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Car Accidents
3 Reasons to Hire Phillips Webster

Our attorneys have decades of experience negotiating with insurance companies regarding all types of vehicle accidents. If you have been injured in a wreck, contact us today.

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Archive for June, 2009

Another Car-Train Accident… This Time, Car Could be at Fault

attorneys, auto accident, light rail train, property damage, seattle, traffic violation, train collision

June 30th, 2009: Washington Law Blogger

Seattle is transitioning to a new light-rail train system, and needless to say, the adjustment has been anything but smooth for both the train operators and local drivers since the test runs began in recent months. Yesterday produced yet another collision between the train and a car, although this time it appears that the driver of the car was at fault. According to the Seattle Post-Intelligencer:

“A PT Cruiser collided with a Sound Transit train about 5:10 p.m. Monday evening at Martin Luther King Jr Way South and South Myrtle Street.

The preliminary investigation indicates the man driving the Chrysler was traveling southbound on and made an unlawful left turn against a red traffic signal into the path of a southbound light rail train at South Myrtle Street, according to police.

The Chrysler was hit on its driver’s side and the driver was sent to a hospital with non-life-threatening injuries.

The train operator, doing a practice run, was not injured. The train sustained minor damage, according to police.”

The driver of the Chrysler was ticketed for a red light violation. This may or may not be the end of the problem for him, however. If he was at fault, and it appears that he was based on the facts presented, he could face civil liability for the property damage caused in the accident. Since no one was injured, it likely won’t be a large amount.

If you or someone you love has experienced something along these lines with the new light-rail train, you may have rights that need to be protected and enforced. Contact the auto accident lawyers at Phillips & Webster as soon as possible to schedule a free initial consultation.

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Posted in Auto Accidents

Hit-and-Run Pedestrian Accident Leaves One Dead, One Seriously Injured

attorneys, auto accident, civil liability, fatalities, hit-and-run, injuries, pedestrian accident

June 29th, 2009: Washington Law Blogger

Pedestrians all encounter some level of danger when they cross almost any road, and that’s particularly true when they do so at 3 a.m. Accidents between vehicles and pedestrians can occur at any time, but particularly when conditions are dark and others are out on the road not expecting to come across those on foot. While few details have been revealed in one particular case, what has been reported is that such an accident early on Friday in Spokane.

According to KREM TV:

“The 19-year-old woman and a 22-year-old man were hit by 19-year-old Alex C. Walker as they were walking in the road near the 14200 block of East Rockwell in Spokane Valley. Walker fled the scene, leaving the victims lying in the roadway, but turned himself into Spokane Valley Police about 45 minutes later.

He was charged with vehicular assault and hit and run injury accident, but those charges will likely be changed to include vehicular homicide.”

The survivor of the crash remains hospitalized with two broken legs, but officials have described his condition as satisfactory. What is yet to be ascertained is whether alcohol or any other substance was involved, but even if that isn’t the case, the driver of the vehicle will soon face serious criminal charges against him.

In addition to those problems, the driver could also face substantial civil liability depending on the particular facts of the accident. Even if the driver was not at fault, leaving the scene as he did likely exposes him to this sort of liability. If you or someone you love has been injured in this sort of accident, contact the auto accident lawyers at the Seattle law firm of Phillips & Webster immediately to schedule a free initial consultation.

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Posted in Auto Accidents

Suspected Car Thief Rams Police Cruiser, Winds up in Hospital

auto accident, auto accident attorneys, crash, injuries, police, seattle

June 26th, 2009: Washington Law Blogger

A suspected car thief was caught in a vehicle that was reported stolen this morning, and while allegedly attempting to evade police, the suspect failed to avoid a second cruiser that joined the pursuit and side-swiped it. Two officers were in the hit cruiser and both suffered minor injuries. The suspect remained in the hospital as of this morning.

According to the Seattle Times:

“Two troopers and a car-theft suspect suffered minor injuries early this morning after the alleged thief slammed his vehicle into the side of a pursuing State Patrol cruiser near Mountlake Terrace, the State Patrol reported.

The incident occurred just after 1 a.m. at an exit to Interstate 5, State Patrol spokeswoman Christina Martin said.

“One of our troopers was in pursuit of a stolen car, and another trooper was coming to back him up,” Martin said.

As the second cruiser joined the pursuit, the fleeing suspect’s car slammed into the side of it, Martin said. There were two troopers in the cruiser.

“They were T-boned,” Martin said.

The suspect and both troopers were taken to Harborview Medical Center in Seattle, Martin said.

The two troopers suffered only minor “scrapes and bruises,” she said, while the suspect remained hospitalized as of 7:30 a.m.”

As we’ve mentioned before, it’s not always possible to avoid other drivers on the road who are acting recklessly, regardless of how defensively you tend to drive. That’s when the law is there to protect your rights. If you or someone you love has been injured in an auto accident, contact the attorneys at Phillips & Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Woman and Child Survive SUV Rollover Crash

auto accident attorneys, Auto Accidents, dangerous road, Land Rover, seattle, SUV, SUV rollover

June 24th, 2009: Washington Law Blogger

SUV’s enjoyed a period when they were the leading sellers of all models of vehicles in the United States. Although that has changed recently with the economy and fuel prices, one of the most negative aspects of driving SUV’s in general was their tendency to roll over when turning sharply. Many lawsuits were filed because of injuries suffered in this regard, and SUV’s remain on the road in high numbers despite their recent downturn in sales.

Even high-end SUV’s are not immune to this phenomenon, as a woman and her child were involved in an SUV rollover crash in a Land Rover. Both survived, but according to CapitolHillSeattle.com, the area where the crash occurred is no stranger to such incidents:

“The driver apparently lost control after rounding a turn while heading downhill on E. Lynn, the vehicle slamming into the curb and then into bushes and brambles on the nearby hillside before coming to a rest on its side.

It’s an occurrence that Walter Oelwein, who has lived near the E. Lynn curve for 10 years, says he has seen too many times. “When it rains like this, I don’t even feel safe walking right here to take out the garbage,” Oelwein said. Often the accidents are minor, Oelwein said, involving young drivers traveling to and from nearby Seattle Preparatory School. “Just imagine if something like this happens when the cross country team or groups of students are walking through here,” he said.

Oelwein said that neighbors have brought the stretch of road to the attention of the Seattle Department of Transportation and he has spoken to SDOT director Grace Crunican about the danger. They have even started a Google Group to document the accidents. “We’d like to see something done,” Oelwein said. “The city hasn’t done anything but score pavement and you can see what good that’s done.”

In this situation, it’s possible that the city could face liability if it has not taken proper steps to eliminate the dangers it obviously knows about. Regardless, if you or someone you love has been injured in an SUV rollover crash, contact the auto accident attorneys at Phillips & Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Tacoma Train Yard Collision Injures Worker

fuel leak, personal injury attorneys, property damage, Tacoma, toxic substances, Train Accident

June 23rd, 2009: Washington Law Blogger

Train accidents can occur at any time and in any place, and even those that happen away from population centers can create hazards that lead to disastrous results. For now, it appears that disaster was averted after a slow-speed train crash in a Tacoma train yard occurred recently. One man was injured in the incident, but no toxic substances reached water sources despite a potentially toxic spill.

According to The Daily Herald:

“Two slow-moving freight trains collided Monday night in a switching yard, injuring one engineer, derailing a locomotive and damaging some containers, a Burlington Northern Santa Fe spokesman said.

About 1,500 gallons of diesel fuel spilled from a BNSF locomotive, but no waterway was affected and cleanup crews have responded, spokesman Gus Melonas said.

The BNSF locomotive was routinely switching rail cars from one track to another in the railway’s switching yard near the Tacoma Dome at 7:45 p.m. when that engine and its 12 freight cars collided with the side of a departing Union Pacific train, Melonas said.”

While it’s fortunate that no one was killed or irreparably injured, any fuel leak can be instantly dangerous for anyone who lives in the area, particularly if that fuel leaks into the ground and reaches any sort of ground water reserve. Many times, these sorts of incidents can harm people who have no idea what has occurred simply because they are exposed to toxins in their water or even the soil around their homes or places of work.

If you or someone you love has been injured in a train accident or has been exposed to a substance that has caused harm, contact the personal injury attorneys at Phillips & Webster today to schedule a free initial consultation.

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Posted in Train Accident

Why Insurance Companies Operate as They Do

attorneys, injuries, insurance companies, liability, policy holders, profit, Seattle auto accidents

June 22nd, 2009: Washington Law Blogger

Many of us have been conditioned to believe, at least to an extent, that insurance companies will do the right thing when necessary. For instance, if you or someone you love has been injured in an auto accident that was the other driver’s fault, many would assume that the driver’s insurance company would move forward with coverage of the damages for medical expenses and property damage up to the policy limit if necessary.

What many people have found out is that this is not the case. Clients have expressed not only frustration and outrage at some of the positions taken by these insurance companies, but also surprise. Given the expectation of fairness, clients in the past have willingly given statements to the representatives of these companies when they’ve been in touch following an accident, which is not something anyone should do.

The reason is that when it comes down to it, insurance companies are for-profit corporations. They are governed largely by their stock value, and their employees and in-house defense attorneys are given one mission – to minimize the liability that their companies will face when one of their policy holders puts them in a position to protect themselves.

Therefore, you need to keep in mind that another driver’s insurance company is not working in your best interests, but rather that of its own and its policy holder as a result. If you have been in an auto accident in Washington and you get a phone call or a letter from that insurance company, you need to politely decline to give any statement or offer of evidence until you speak with your own attorney. It’s simply the best way to protect your interests.

If you need help with this sort of situation, you need to contact the Seattle auto accident lawyers at Phillips & Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Woman Falls from Overpass, Hit by Moving Truck

auto accident, auto accident attorneys, injuries, leaving scene of accident, moving truck collision, pedestrian injury, police

June 19th, 2009: Washington Law Blogger

While some accidents are seemingly predictable, at least after they occur, others leave everyone scratching their heads and wondering just how such an occurrence could possibly take place. That appears to be the case with an incident in Seattle yesterday afternoon, where a woman fell from an overpass, was hit by a moving truck and left at the scene without any attempt by the truck driver to contact authorities.

According to the Seattle Times:

“A 27-year-old woman is in critical condition after she fell from a freeway overpass and was struck by a truck this afternoon, according to the State Patrol.

The woman fell from the NE 124th Street overpass on I-405 about 1:16 p.m. and landed in the lanes below. A semi-truck swerved but was unable to avoid striking the woman. The driver stopped briefly, then left without contacting anyone, the State Patrol said.”

The woman remains in critical condition with ‘life-threatening’ injuries, according to authorities. While the results of this accident are clearly tragic, it presents a strange twist in the legal sense. While the truck driver would probably face criminal and perhaps civil liability for leaving the scene of an accident, a case could certainly be made that a person falling from an overpass in front of a moving vehicle is anything but foreseeable.

Investigators are still trying to piece together how the woman came to fall from where she did and to ascertain the identity of the truck driver in order to find out why he or she would leave the scene. If you or someone you love has been injured in a Washington auto accident, contact the attorneys at Phillips & Webster immediately to schedule a free initial consultation.

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Posted in Auto Accidents

The Dangers of Anosmia – Why the Zicam Issue Matters

anosmia, defective drugs attorneys, depression, FDA, gas leaks, injuries, loss of sense of smell, recall, side effects, Zicam

June 18th, 2009: Washington Law Blogger

When people hear about products being recalled and the FDA warning the public to stop using them because of a link to serious side effects, most would assume those side effects are more severe than the loss of the sense of smell. Anosmia, as it’s known in medical circles, is a condition that’s been diagnosed more than 130 times in consumers who had used certain Zicam products, and as a result it’s no longer available in retail outlets around the country.

We’ve been posting about the details of the issues involving Zicam lately, but some are wondering why anosmia is something to be concerned with, when other products have been known to cause cancer and death. However, basic research will tell anyone that the loss of the sense of smell, particularly if it’s permanent, can be a dangerous condition for several reasons.

When someone cannot smell, the most obvious danger it creates is that those people may not be able to sense dangers that include smoke from a fire or poisonous substances or gas leaks. However, there are other problems associated with anosmia, and they are directly correlated with the longer duration of this condition.

Those who cannot smell will often fall into a depression, as they understand that they are physically limited and are also concerned about their lack of ability to detect the dangers described above. Medical experts have also noted that those with anosmia will slowly lose weight as a result of a loss of appetite, and this can create many other medical problems that are high-risk in nature.

Ultimately, anosmia is a serious enough side effect that the FDA ordered the makers of Zicam to stop marketing the product and for Matrixx Initiatives, Inc., the manufacturer, to voluntarily pull the products from the shelves. If you or someone you love has been injured as a result of using Zicam, contact the defective drugs lawyers at Phillips & Webster today to schedule a free initial consultation.

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Posted in Defective Drugs

Zicam Removed from Retail Shelves

ansomia, attorneys, FDA, injuries, Matrixx Initiatives, recall, side effects, warning, Zicam

June 17th, 2009: Washington Law Blogger

Yesterday, we alerted our readers to the fact that the US Food and Drug Administration (FDA) had issued a public warning regarding the dangers associated with several Zicam products. The agency also delivered a letter to Matrixx Initiatives, Inc. stating that they had to stop marketing these products unless they decided to put them through the normal FDA approval process that’s required of other medications.

Today, Matrixx Initiatives, Inc. responded by voluntarily pulling the products in question from retail shelves across the United States until the matter is resolved. The three specific products within the overall product line that were pulled include:

  • Zicam Cold Remedy Nasal Gel (15mL, NDC 62750-003-10)
  • Zicam Cold Remedy Swabs (20 swabs, NDC 67250-003-20)
  • Zicam Cold Remedy Swabs, Kids Size (20 swabs, NDC 67250-003-21)

To reiterate the warning issued by the FDA yesterday, you should immediately stop using these products if you have them in your home.

The reason this issue arose is because the FDA received at least 130 reports of consumers using the Zicam products listed above and developing ansomia, which is the loss of the sense of smell. Consumers reported the development of this side effect soon after use, and while no duration of the condition has been defined, some reported that it took several months for their sense of smell to return.

It’s believed that zinc, one of the ingredients in Zicam products, was the reason for this side effect, as it has been known to create similar problems in people who have been exposed to it in the past. If you or someone you love has been harmed as a result of using Zicam, contact the defective drugs attorneys at Phillips & Webster immediately to schedule a free initial consultation.

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Posted in Defective Drugs, Product Liability

Zicam Comes Under Fire From FDA

anosmia, attorneys, Defective Drugs, FDA, injuries, loss of smell, Matrixx Initiatives, US Food and Drug Administration, warning letter, Zicam

June 16th, 2009: Washington Law Blogger

Matrixx Initiatives is a company that manufactures, markets and distributes a product line known as Zicam, which is an over-the-counter product sold to help with the symptoms of the common cold. It’s sold in several forms, including nasal spray and swabs, and at least partially as a result of Zicam’s success, Matrixx Initiatives’ stock price has risen and held steady even in the current marketplace.

However, negative news hit the wire today as the US Food and Drug Administration announced that it has sent a letter to Matrixx Initiatives instructing it to stop marketing Zicam unless the company decides to file an application for a drug approval with the agency to continue to market these products. If the company does so, Zicam will be subject to the same testing and analytical standards as any other medication.

The reason for this letter is that the FDA received at least 130 reports of consumers using Zicam products and developing a condition known in medical circles as anosmia, which is the loss of the sense of smell. Some consumers reported this side effect after only one use, and no duration for this side effect has yet been established. Therefore, the FDA is demanding a closer look at the product and the presence of one ingredient in particular, zinc, which has been linked to this side effect in other contexts.

There were three Zicam products subject to the FDA’s letter:

  • Zicam Cold Remedy Nasal Gel (15mL, NDC 62750-003-10)
  • Zicam Cold Remedy Swabs (20 swabs, NDC 67250-003-20)
  • Zicam Cold Remedy Swabs, Kids Size (20 swabs, NDC 67250-003-21)

If you are currently using Zicam products, the FDA advises you to stop doing so. If you or someone you love has been injured as a result of using these products, contact the defective drugs lawyers at Phillips & Webster today to schedule a free initial consultation.

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Posted in Defective Drugs

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