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Car Accidents
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Archive for October, 2009

Speed Related Conditions and Washington Car Accidents

fatalities, injuries, Speed related conditions, Washington auto accidents attorney, Washington auto accidents lawyer, Washington car accidents

October 30th, 2009: Washington Law Blogger

Nearly everyone who ever gets behind the wheel will speed at times. For most people, the posted speed limit is nothing more than a suggestion at times, particularly if the driver is feeling hurried. Unfortunately, few factors create more danger on the roads than those who are speeding, as it physically limits the amount of reaction time available and forces other vehicles to make snap decisions that could lead to fatal consequences. As a result, Washington auto accidents attorneys are constantly working to help those injured by speeders.

According to the Washington Traffic Safety Commission (WTSC), more than half of the accidents that occur in the state that result in serious injuries and/or fatalities involve speeding as a factor. These include situations where drivers are moving at a rate faster than the posted speed limit and when a driver is seen to have been driving at a rate of speed that’s too high relative to the current driving conditions.

Looking strictly at fatalities, the WTSC reported that between the years of 2004 and 2008, there were 1,045 fatality crashes in the state that were caused by speeding, and these crashes resulted in 1,166 deaths. In addition, 54% of those speed-related traffic accident deaths involved drivers who were between the ages of 16 and 30. Clearly, younger drivers seem to be more prone to speeding and the sometimes tragic consequences that result.

When a serious auto accident occurs, it’s not always easy to ascertain the speed at which the driver at fault was traveling. However, there are accident reconstruction experts that are able to mathematically decipher a driver’s speed based on several variables that include skid marks on the road and the force of the impact between the vehicles, among others.

An experienced and successful Washington auto accidents lawyer will be able to work with experts who are able to provide this information on behalf of someone who is injured or killed so that those who cause these tragedies can ultimately be held accountable. If you or someone you love has been injured or worse in such an accident, you need to secure the help of a Washington auto accidents lawyer today to help you fight for your rights. Contact Phillips & Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Washington Car Accidents Involving Impaired Drivers

damages, driving under the influence, DUI, fatalities, impaired drivers, Washington auto accidents lawyers, Washington car accidents

October 29th, 2009: Washington Law Blogger

Driving while under the influence of an intoxicant is an issue that’s been at the forefront of traffic safety policy for many years, with millions of dollars being spent on public campaigns regarding the issue, enforcement of laws that are becoming progressively tougher and of course the fallout that occurs after every crash that involves an impaired driver. Many of these costs occur in the form of damages that are sought with the help of Washington auto accidents lawyers, and if this has happened to you, help is available.

One look at the statistics kept by the Washington state government should alert anyone who sees them that this is not an issue that’s become less of a problem relative to years past. According to the Washington Traffic Safety Commission (WTSC), there were 1,221 fatal crashes in the state involving impaired drivers between the years of 2004 and 2008. In all, 1,363 people were killed in these crashes, which comes to an average of 273 deaths per year and 23 per month. These fatal crashes also account for nearly half of all fatal crashes in Washington during this five-year period.

Therefore, anyone can see that this is still an enormous problem in Washington as it is everywhere else. When someone is injured in a crash by an impaired driver, he or she still has legal rights in civil court even though these drivers are prosecuted in a criminal sense for any number of charges that can include serious felonies that involve substantial prison terms if the driver is convicted.

In fact, being convicted of DUI in Washington can actually serve as a boost to a case brought by an injured party in civil court, as the burden of proof is much higher in a criminal context than it is in civil court. However, that does not mean that pursuing and ultimately obtaining a justifiable recovery is a simple matter. In fact, the opposite is true, as there are several specific steps that need to be taken and several laws that need to be followed in order for a valid claim to properly proceed.

Rather than attempt to handle this situation yourself, you need to secure the help of an experienced Washington auto accidents lawyer to make sure you’re doing everything possible to pursue your recovery. Contact Phillips Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Accident on I-182 Claims another life

October 28th, 2009: Washington Legal

As the Fall Classic gets underway, it is worth noting that even short drives to and from a baseball field can end with an auto accident.

The second of two girls, 11 year-old Taylor Teft, died today as a result of injuries sustained when two cars collided on 1-182 in Pasco. Her sister, Alexandria Hatley, passed away from injuries the morning after the accident and their mother, was released from the hospital shortly after the accident occurred. Returning from a baseball game in Pasco on October 6th, two cars collided on 1-182 in Pasco, and the accident has changed the lives of the Richland family.

While I-182 is the least busy in Washington state, this accident demonstrates the destructive potential of highway collisions. The car carrying the two girls and their mother was traveling at only 40 mph before the collision. Melinda Mae Ish, the driver of the other car, was driving on the freeway when her car malfunctioned and she couldn’t speed up. As she slowed to pull to the shoulder, she looked in her rear-view mirror and saw the family’s car coming, and hoped it would stop, but it didn’t. What resulted was a fiery crash that has now claimed the lives to two children.

Highway accidents, with the high-speeds and large vehicles, tend to cause greater damage. In the event of a highway collision you should: 1) call the police and obtain an official record of the accident; 2) make a visual note or take pictures with your cell phone to verify all information; take action to make sure that your legal rights are protected and enforced. Contact the Washington auto accidents lawyers at Phillips & Webster today to schedule a free initial consultation so that you can obtain the answers you need.

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Posted in Auto Accidents

Wet Winters and Rear-end Collisions

October 27th, 2009: Washington Legal

On Friday, a dump truck collided with a school bus carrying Medina Elementary students on SR-9 near Monroe. SR-9, a two-lane highway forcing three students to Evergreen Hospital for precautionary reasons. Their injuries were minor, according to Washington State Patrol spokesman Brandon Lee.

The State Patrol, which is investigating why the dump truck did not stop, noted, “it didn’t appear it was raining at the time, but the roadway was wet.” The bus was approaching heavy traffic on southbound Highway 9 and began to slow when it was struck from behind by the dump truck, which was “unable to stop.”

Often, weather plays a factor in accident. Slick roadways increase the potential for rear-end collisions; rural areas, similar to where this accident occurred, create problems for drivers with branches and debris littering the road here in the Northwest. Two-lane highways reduce the ability of drivers to “steer clear” of oncoming traffic in the event such obstacles occur.

Injures incurred from rear-end accidents can range from little or nothing—similar to this bus accident—to severe neck pain and problems with the back and spine. Two-lane highways, with their proximity to suburban areas where residents tend to drive larger SUVs, can increase the chances of deadly accidents.

If you or someone you love has suffered as a result of a rear-end auto accident in Washington, contact Phillips & Webster today to schedule a free initial consultation.

Posted in Uncategorized

Motorcycle Accident Liability in Washington

damages, injuries, motorcycle accident liability, Motorcycle Accidents, Washington motorcycle accident lawyers

October 27th, 2009: Washington Law Blogger

Motorcycles are always a thrill to ride, and given the current economic conditions around Washington and the United States, they are also increasingly being seen as a viable economic choice given their fuel efficiency and other cost issues. However, they are also dangerous, and given the exposure that all drivers and passengers on these vehicles face, motorcycle accidents tend to lead to disastrous results for those involved. If this has happened to you, you’ll need to find help in the form of a Washington motorcycle accident attorney. Below is an overview of the issue of motorcycle accident liability in Washington.

1. Relevant Laws

Motorcycle passengers must adhere to several special laws that apply only to their vehicles, and by far the most relevant statute involves the requirement to wear a helmet. Basically, when it comes to a question of liability in motorcycle accidents, an injured motorcycle driver or passenger must be able to show that he, she or they were following all relevant laws in order to prevent a recovery of damages to be reduced in amount or dismissed altogether.

2. Facts

Every motorcycle accident ultimately comes down to the facts, and in cases like these those facts will determine which party or parties should incur fault for any injuries or property damage that results. These facts are usually gleaned from the police report that follows the accident including any witness statements and perhaps medical records that could help to determine just how much in damages that the injured party suffered.

3. Conditions

Washington is a state with a mild climate, but it’s also very wet in the winter months. As is the case with any vehicle, motorcyclists encounter a higher degree of risk when roads are wet and visibility is limited due to rain and splashing water on the roads from other vehicles. It is possible that an injured motorcyclist could see his or her damages reduced if it’s decided that the conditions were such that riding a motorcycle at the time was seen as an unreasonable risk.

Overall, the determination of liability in a motorcycle accident in Washington will come down to the facts, the laws, the conditions and what can be proved in court. If you or someone you love has suffered as a result of a motorcycle accident in Washington, contact the motorcycle accident attorneys at Phillips Webster today to schedule a free initial consultation.

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Posted in Motorcycle Accidents

Car Accidents in Washington Involving Aggressive Drivers

aggressive drivers, Car accidents, fatalities, injuries, Washington auto accidents, Washington auto accidents lawyers

October 26th, 2009: Washington Law Blogger

We have all seen drivers on the road who we may think of as ‘maniacs’ or ‘insane’ as they zoom past us at speeds that seem surreal and as they dart in and out of traffic lanes with seemingly inches to spare between bumpers. Aggressive driving is a problem both in Washington and everywhere else, and as anyone would expect, aggressive driving leads to a much higher risk of accidents. When these occur, they often cause devastating injuries, and Washington auto accident attorneys are used to handling cases in which the defendant was way too aggressive for the situation.

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “the commission of two or more moving violations that is likely to endanger other persons or property, or any single intentional violation that requires a defensive reaction of another driver.” This definition may seem relatively straightforward, but the fact is that whether someone is meeting this definition will depend on the facts and what other drivers are doing at the time.

Regardless of the semantics, however, aggressive driving is basically a waste of time, effort and risk. For instance, if someone is speeding by 20 mph over the speed limit on the highway, studies have shown that on average, that reckless driver will save approximately 2-3 minutes per hour on the overall travel time estimate. Risking several lives for two minutes is hardly logical, but that doesn’t mean that it doesn’t occur.

The Washington State Police have stopped and cited more than 30,000 drivers per year on average for reckless driving, and the state has been recognized nationally as one of the most forceful in the United States when it comes to enforcing the laws against this sort of conduct. Despite all of these efforts, aggressive driving still occurs and injuries and fatalities result.

If you or someone you love has been injured or worse by an aggressive driver, you need to take action to make sure that your legal rights are protected and enforced. Contact the Washington auto accidents lawyers at Phillips & Webster today to schedule a free initial consultation so that you can obtain the answers you need.

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Posted in Auto Accidents

Young Washington Drivers and Auto Accidents

alcohol, Auto Accidents, fatalities, inattention, injuries, insurance, speeding, texting, Washington auto accidents lawyers, young Washington drivers

October 21st, 2009: Washington Law Blogger

Washington’s driving and accident statistics are generally similar to those you’d find in the rest of the country, and one of the more troubling sets of statistics involves young drivers. Generally speaking, young drivers face a higher risk of death and serious injuries behind the wheel as compared to older drivers, and these situations are often tragic in nature. As such, Washington auto accidents lawyers are regularly fielding incoming inquiries regarding the rights of those injured or killed in such situations.

The issue is such that October 18th – October 24th has been declared to be “Teen Driver Safety Week” in Washington, and the event is an effort to bring awareness to the risks involved with young drivers and to help alert anyone to steps that can be taken that lead to safer roads and fewer problems for young Washington residents who get behind the wheel.

One look at some basic statistics can explain why such a week has been planned. According to the Washington Traffic Safety Commission (WTSC), 140 people between the ages of 16 and 19 have been killed in auto accidents in Washington, and more than 400 have been seriously injured. The leading causes of these accidents appears to include speeding, drug and/or alcohol impairment, inattention or a combination thereof.

Young drivers are also much more likely to play loud music, joy ride and use their phones for calls and/or texting while driving, all of which only adds to the dangers that these young drivers incur. These risks also create danger for anyone else who happens to be sharing the road with them at any given time, thereby creating a situation where the state government decided to take action.

This is also the reason that insurance premiums tend to be more expensive for young or new drivers than for almost anyone else. The insurance industry assesses risks, and clearly they see young drivers as the biggest risk within this context. If you or someone you love has been injured or worse by a young driver in Washington or by anyone else, you need to contact a Washington auto accident lawyer at Phillips & Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

Unlicensed Drivers and Accidents in Washington

Auto Accidents, damages, injuries, unlicensed drivers, Washington auto accidents lawyers

October 20th, 2009: Washington Law Blogger

When we drive in Washington, we always deal with unknowns. Most of these unknowns relate to other vehicles on the road with us, and one of the most troubling involves the number of unlicensed drivers who may be near us at any given time. Those on the road could be people with no license at all or those who have had their driving privileges suspended or revoked because of prior violations. Those who are injured by an unlicensed driver need to contact a Washington auto accidents lawyer as soon as possible.

A perusal of the statistics regarding unlicensed drivers in Washington are troubling. Consider the following:

  • Between 15 and 20 percent of drivers involved in fatal crashes are not properly licensed
  • More than 100 people on average are killed every year in Washington by someone not properly licensed
  • An estimated 15 percent of all drivers on Washington roads are not properly licensed
  • In 2002, 59,000 people were convicted of driving with a suspended or revoked license

What’s worst is that no one can be sure how many people are driving without the privilege to do so at any given time, and many of those who are not licensed are in that situation because of serious problems they’ve encountered in the past.

In terms of legal rights, many people are not sure where to turn for help if it turns out that someone who injured them in an accident does not have a license. One of the reasons is that most people who do not have a license do not have auto insurance either, making it more difficult to pursue a legal claim for damages. However, that does not mean that you should simply give up if you’ve been harmed by someone in this situation.

There are options for many people who have been injured by an unlicensed driver, including working through their own insurance carriers. Many people have uninsured motorist coverage that can provide benefits for policy holders who incur damages from someone who should not have been driving, and the driver is still at fault and can be pursued legally regardless of his or her insured status. If you would like to obtain the answers you need, contact the Washington auto accidents lawyers at Phillips & Webster as soon as possible to schedule a free initial consultation.

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Posted in Auto Accidents

Accidents and Occupant Protection

air bags, Auto Accidents, booster seats, child safety seats, occupant protection, seat belts, Washingoton auto accidents lawyers

October 19th, 2009: Washington Law Blogger

Thousands of auto accidents occur in Washington every year, and according to the state government, approximately 400 – 500 people are killed in the state every year who were merely occupants in a vehicle. While this may seem like a small number, one must consider that this roughly equates to three people every two days being killed in auto accidents while simply riding in a vehicle. If you have so much as been injured in a vehicle as an occupant, you do need to contact a Washington auto accident attorney to obtain the information you need about your rights. In the meantime, below are a few steps to consider in terms of accidents and occupant protection.

1. Seat Belts

Seat belts are the most obvious solutions, and the state has made an enormous effort towards bolstering their use throughout the state. Estimates show that seat belt usage has gone up since it became a law in 2002, but still sits at about 96%. This is a positive when compared to the much lower usage in previous years, but that still means that thousands of people are riding around Washington every day without the most basic protection in place.

2. Child Safety Seats

Protective child seats should be as obvious a solution as seat belts, and the state is also promoting their use to protect child occupants. However, the same report indicates that only about half of those who should use child seats actually use them, which is deeply troubling.

3. Booster Seats

Booster seats may not be as common, but they are clearly of aid to those who need them. That’s also troubling when one considers that the state estimates that only about 17% of people who should make use of these devices actually do.

4. Air Bags

While some older vehicles do not come with air bags, the majority of models on the road today do, and anyone who does not have them should see about having them installed, as they save lives.

Ultimately, it’s up to the owner/driver of the vehicle to provide safety equipment and advantages for the occupants, and it’s up to the occupants in most cases to make use of them. If you or someone you love has been injured or worse as an occupant in a vehicle, you need to contact the Washington auto accidents attorneys today to schedule a free initial consultation.

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Posted in Auto Accidents

Impaired Driving in Washington State

DUI, fatalities, impaired driving, injuries, Washington auto accident lawyers, Washington state

October 16th, 2009: Washington Law Blogger

Everyone understands the dangers involved and the potential for tragedy that’s tied to the issue of impaired driving, and Washington is no different than the rest of the country in this regard. The bottom line is that when someone makes the decision to get behind the wheel after having too much to drink or ingesting other substances, it’s far more likely that someone will get hurt or even killed. If this has happened to you or someone you love, a Washington auto accident lawyer should be one of the first people you contact.

In terms of statistics, Washington appears to be making positive gains when one looks at the number of DUI charges filed in the state, but those raw numbers are still quite troubling. The state recently released its DUI statistics for the calendar year of 2008, and more than 40,000 people were charged with some sort of impaired driving during the year. That represents a slight decrease from 2007, but that’s still enough people to fill a small city.

Of those 40,000 people, 17,000 people were convicted and approximately 18,000 agreed to a plea bargain of lesser charges. It should be noted, however, that not every charge levied was resolved in the same year in which it was issued. Regardless, what this should tell anyone is that despite all the efforts to curb this behavior, impaired driving remains a serious problem in Washington and poses an extreme risk for everyone on the road.

When this happens, many people aside from the police should be involved, particularly if someone is injured or killed as a result of these bad choices. Criminal liability can be severe in the worst DUI cases, but that should not mean that those who are guilty of this conduct escape civil liability from those who have been injured in an accident that was even partially due to impaired driving.

If you or someone you love has been injured or worse because of an impaired driver in Washington, you need to take immediate action. Your first step should be to contact the Washington auto accidents lawyers at Phillips Webster today to schedule a free initial consultation.

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Posted in Auto Accidents

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