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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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Posts Tagged ‘personal injury attorney’

What Can I Eat To Help Me Recover From a Personal Injury?

Auto Accidents, Car accidents, personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer

January 13th, 2012: Law Blogger

Aside from the pain, discomfort, and stress that a victim of a personal injury in a car accident endures, it is perhaps the boredom that could be the most detrimental. Boredom can lead to not only depression and a potential of reinjury as people try to get up and resume their normal life, but it can also lead to eating…a lot.

For some people who suffer personal injuries, they have found some serious weight gain and no way of working it off. However, this is not to say that eating with an injury is bad. We all need to eat right? It’s just WHAT you eat that’s the problem.

For years there have been tons of physical therapists, nutritionists, and personal trainers that swear that a specific diet can help injured people recover. Now the scientific community has finally proved them right.

Can A Certain Diet Help Me Recover From An Injury?

Researchers from Queen Mary, University of London conducted research published this week in the Journal of Neuroscience to see what foods actually aid in personal injury prevention and recovery. Researchers found that victims should consider a fish dinner full of omega-3 fatty acids in order to speed up recovery and help damaged nerves regenerate.

A healthy diet of fish is nothing new and studies have proven that cultures with a diet of a lot of fish are considerably healthier overall. It’s only been in the last few decades that the benefits of Omega-3 fatty acids have been revealing how important they are to the body’s normal growth and development. However, the body doesn’t produce omega-3 fatty acids naturally, they have to be consumed in foods such as oily fish or in supplements.

The study first focused on peripheral nerve cells, which transmit signals between the brain and the spinal cord and the rest of the body. The researchers simulated damage in mice by stretching the cells or starving them of oxygen and then enriched the cells with omega-3 fatty acids. The result was decreased cell death and significant protection.

Researchers also induced with sciatic nerve damage on test mice (located in the lower back, the sciatic is generally the largest nerve in mammals and a common injury point in car accidents). They found that after introducing omega-3, the injury recoverd more quickly and more fully. The muscles on the mice were also less likely to waste following nerve damage.

Foods That Heal

Now that the official research is in showing real tangible results on a scientific physiological level, that doesn’t mean that decades of observation need be ignored. Through the ages, homeopathic remedies have been formulated through observation and many of these are related to both topical applications, but also diet.

According to experts some great healing foods are:

  • Almonds (fat/protein, zinc)
  • Apples (flavanoids – protect cells from oxygen damage, prevent inflammation
  • Broccoli (vitamin C, fiber, antibacterial)
  • Curry (anti-inflammatory)
  • Garlic (allicin – anti-inflammatory, improves macrophage function)
  • Grass fed beef (protein, vitamin, minerals)
  • Olive oil (Anti-inflammatory – works like ibuprofen)
  • Papaya (vitamins A, C and papain – enzyme that increases immune function)
  • Pineapple (bromelain – analgesic)
  • Salmon (omega-3′s)

Dietary considerations for a better recovery:

Protein

  • Experts always recommend an increase (non fatty) protein. This can compensate for any potential muscle loss due to lack of use.
  • Rather than one big steak or chicken breast at dinner, divide the meals into smaller portions. Protein should be eaten 4 to 6 times per day.
  •  Protein should consist of lean poultry, fish, eggs, lean beef, cottage cheese, or whey protein powder.

Carbohydrates

  • Carbohydrates are found in vegetables and fruits, whole grains, beans, legumes (nuts), and oats.
  • Avoid sugars and refined carbs (artificial sweeteners, high-fructose corn syrup, and most of the things that make junk food taste great). Don’t eat junk.
  • Watch carbohydrate intake post surgery and if there is an extensive recovery, too many refined carbs could put the patient in danger of diabetes.

Fats

  • Fats help in reducing inflammation, but there are good fats and bad fats. Omega-3′s are the hallmark fats for reducing inflammation. Monounsaturated fats are also helpful.
  • Good fat sources include: Fatty fish (salmon, mackerel, herring, sardines), flaxseeds, nuts, olive oil, avocados, pumpkin/sunflower/sesame seeds.
  • Watch out for bad fats that can hinder healing by increasing inflammation: Trans fats, omega-6 fats and saturated fats.

Puget Sound Personal Injury Attorney

Phillips Webster is a law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.
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Some Good News For Victims of SCI in Car Accidents

personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord injuries, spinal cord injury, spinal injuries

January 12th, 2012: Law Blogger

We’ve witnessed first hand the pain that a victim and a family goes through when someone suffers a Spinal Cord Injury (SCI) in a car accident. It is not only a highly emotional experience waiting and hearing the news as to whether you or your loved one is going to walk or function normally again, but it stays through the exhausting and expensive therapy that follows.

An SCI is a long process of physical therapy, retraining muscles, and adjusting habits just to transition back into some semblance of a normal life. Regardless of whether this is mere recovery or learning to live with paralysis, there is one guarantee, life will never be the same.

However, though spinal cord understanding and research is slow in developing, hope comes from the medical community periodically. We like to highlight these pieces of research because it makes us think of our clients, past and current, that are struggling with SCI, but are learning to cope and over come until a cure is found.

Spinal Cord Research

There is still a massive argument over the function and utilization of embryonic stem cells. Though the arguments against are largely philosophical, the scientific community is pretty united in the future of stem cells. Ask the vast majority of SCL victims of car accidents that struggle every day with paralysis or back pain and they will tell you, their hope for recovery outweighs their prior assumptions about the technology. Yet, for patients that are still on the fence, this new research uses only adult stem cells.

That’s why SCL victims may be hopeful for new research at the University of Minnesota Stem Cell Institute. Dr. Ann Parr is a U of M neurosurgeon, professor, researcher, and part of a team focused on spinal cord injuries and stem cell research.

“It is a really exciting time right now in the field of spinal cord injury,” she said.

Her team is trying to develop a treatment that could someday help people like Jablonski.

Her lab is currently creating oligodendrocyte cells cells from mice in the lab.  These are cells that insulate the nerves in the spinal cord and brain. After a spinal cord injury there are many nerves that are actually preserved and may have the ability to function again. However they’ve lost their insulation.

“[Without oligodendrocyte cells] they’re sort of like bare wires,” Parr elaborated. “If we could replace the oligodendrocytes in the injured spinal cord that they may actually allow these nerves to function again,” said Parr.

Her research begins with adult skin cells, which she converts to stem cells, then transforms them into the insulating oligodendrocyte cells. This method is better, because using a patient’s own cells reduces the risk of rejection that can come with using embryonic stem cells.

She said there are also many drugs in clinical trials that could minimize cell damage immediately after a spinal cord injury. Doctor Parr said there are promising drug therapies that could be available within a year or two to help treat those with new spinal cord injuries.

Though hopeful, she said, “It could be years before research like hers leads to an approved treatment for those already living with a spinal cord injury.”

Faster Regeneration

According to the Foundation for Spinal Cord Injury Prevention, Care, and Cure, spinal cord injury in a car accident is the most common way of suffering a spinal cord injury. When these serious life threatening injuries happen, cellular degeneration begins in about 24 to 36 hours and could result in more serious irreversible permanent damage.

Anterograde degeneration - The part of the axon that remains connected to the cell body may degenerate a short distance (e.g. a millimeter or less), but usually it survives at least in the short term.

Orthograde degeneration - The degeneration of a nerve fiber that has been separated from its nutritive center by injury or disease, characterized by segmentation of the myelin and resulting in atrophy and destruction of the axon.

The overall term for these types of degeneration is Wallerian Degeneration. When this happens, oligodendrocyte cells as described above, become extremely important. You see, SCI regeneration is extremely slow, in fact, some of the slowest in the body and this is because the nerves lack oligodendrocyte cells.

By being able to construct oligodendrocyte cells in the lab that the body won’t reject, the degeneration process can be stopped and reversed. This can potentially increase the likelihood of recovery tenfold.

Washington Spinal Cord Injury Attorney

SCI victims of an auto accident are seeing positive strides in treatments in the last decade related to stem cells. Even the mortality rate and degree of recovery has increased slightly and goes up every year. However, all treatments cost money and the medical bills can pile up throughout a lifetime into hundreds of thousands of dollars (sometimes millions). That’s why compensation is so important.

Phillips Webster is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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How Do I Get Around This New Year’s Eve?

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 30th, 2011: Law Blogger

It’s almost 2012! Are you excited? You ask some people what their favorite holiday is and they’ll give you a myriad of answers, but the sheer volume of people out and about during New Year’s Eve will tell you that December 31st tops their list.

What other holiday can you dress up, let off the steam of a whole year, and not really care because everyone else is doing it? But of course, this doesn’t mean that laws and consequences don’t apply. That’s where concerns about drinking and driving come in.

Believe it or not, the police have found out about New Year’s Eve and are out in force looking for the drunk drivers. This is not only to keep the streets and pedestrians safe, but it’s also a fantastic source revenue for the state and municipality. See? Everyone wins, except you if you’re caught drinking and driving.

What to Expect If You Are Caught Drinking and Driving

The Washington State legislature has been particularly active this year making the Driving Under the Influence (DUI) Laws that much more stringent. If you think that you can talk your way out of the ticket, think again. If the multiple local arrests for drunk driving this year including Legislators, Mayors, and even Prosecutors has shown the general public that getting out of a DUI arrest is virtually impossible.

Here’s what happens:

  • You will get tested on the roadside and recorded on a dash cam so try to look your best.
  • You will get to blow into a tube. If you refuse, the consequences get even worse when you’re prosecuted (and you WILL be prosecuted).
  • Your car will get impounded and held for (up to) 48 hours.
  • You will ride in a police car to the jail.
  • You will get your picture taken.
  • You will spend the night in jail with people you probably would never have wanted to meet.
  • You will get fined up to $5000.
  • You will go to court.
  • You might get more jail time.
  • You might get an ankle bracelet detaining you to your home and work.
  • You might get to blow into a tube in order start your vehicle for up to a year after.

If this is not your first DUI offense, the rules tighten up considerably, and according to new legislation passed this year, if you are deemed a habitual offender with 3 or more arrests, it becomes a felony. This has multiple lasting consequences that change your life considerably.

Getting Around On New Year’s Eve

Regardless of where you go and how you get there, expect to go slow because the roads are packed until about 1am the closer you get to urban areas and destinations such as Casinos, concert venues, etc. This makes most paid rides such as taxis, limos, and town cars expensive, but still worth it. However, getting to a venue is not generally the problem, it’s after you have had that bottle of champagne, two shots of “I forget, but it was red and fruity,” and the other drinks along the way.

Metro (Seattle Metro, Sound Transit, Regional Transit) – Metro generally has some late night schedules running past midnight. Know your schedules and choose a route and destination. Have a contingency plan if you miss the bus. Be careful walking to the bus stop and waiting, it would be best to choose a well populated bus stop. And Remember, the key to riding transit is patience.

Taxi – Expect long waits both to be picked up at the beginning of the night and the end of the night. Remember, everyone wants a taxi the same time you do most likely so calling the taxi company can be dicey, so identify your nearest taxi stand and dress warm for a long wait. Those can be found at casinos, hotels, and have been installed in some of the most popular places in Seattle. Expect to pay no less than $50 no matter where you go. It’s worth it.

Limo and Town Car – These have most likely been reserved, but if you have friends who have an extra space, grab it. The cost should be no more than a cab for each individual in the group and gives you a great safe mobile party. However, if the driver is just giving you a ride to your car so that you can drink and drive from somewhere else, it’s not worth it.

Party Bus – There might still be some space left on a party bus. They pick up from a centralized place at a certain time and drop off at a certain time. This is a great way to get around safely and meet new people. However, make sure that if they drop you off at your car that there is an all night café to get food and water to help you sober up before driving.

Walking and Neighborhood Parties – One of the best New Year’s Eves you can ever have is right by your home celebrating with your community either in local bars or at a neighbor’s house. It lets you meet new people you see often, but never met personally, and most of all you support your local business. Also, with all of the money you save on taxis, you can allocate the money to a new dress or bottle of fine champagne. You deserve it.

DUI Victim’s Attorney

New Year’s Eve is one of the best times of the year because to many people it signifies a fresh start. But starting the year with a DUI or vehicular homicide charge could make it the year that your life took a turn for the worse. Would you spend $100 on a taxi to save yourself $5000 in fines, potential loss of your job, and possible jail time? Most people would say yes.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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How Can A Lung Injury In A Car Accident Effect My Quality of Life?

internal organ injuries, lung injury, personal injury, personal injury attorney, personal injury lawyers, soft tissue injuries, washington personal injury attorney, washington personal injury lawyer

December 15th, 2011: Law Blogger

The lungs are incredibly fragile. Perhaps that’s why humans evolved a whole system of muscles and bone in order to protect them. This system did an excellent job of protecting their vital organs when we were running after herds of antelope a thousand years ago, but being slammed into by a two-ton hunk of speeding metal is a whole different deal.

There are multiple ways of suffering a personal injury to the lungs in a car accident. Of course the obvious way is a head-on accident, but side-impact accidents and rear end accidents can also do serious damage to one or both lungs. This is generally caused by compression due to seat belts. This is not to say seat belts are bad, everyone should wear them every time they drive.

Types of Lung Injuries

Lungs are not just open sacks that take in air, they are a complex system that separates CO2 and oxygen from air taken in so that the oxygen can be absorbed by the body for various functions, and then extract CO2. There are many components from the trachea to bronchus in separate lobes that can be damaged and can take a long time to heal.

When it comes to lung injuries in car accidents seat belts, steering wheels, and arm rests can have a major impact, and also chemicals and smoke. All of these can lead to different types of injuries.

Types of lung injuries:

Punctured Lung – Force from a car accident can be such that it breaks a rib and causes it to tear the lung deeply enough that it seeps air into the chest cavity putting painful pressure on the victim’s body.

Collapsed Lung – Once a lung has been punctured, it can result in a collapsed lung (pneumothorax). This happens when there’s a collection of air in the space around the lungs. This buildup of air puts pressure on the lung, so it cannot expand as much as it normally does when you take a breath and can cause suffocation if not treated right away.

Chemical Burn – Hundreds of different chemicals are used to create cars from the upholstery treatment to most of the components making up the engine. If the engine or consol catches fire, under the right circumstances the chemical fumes can burn the lungs before the smoke does. During a car accident that causes the air bags to deploy, the car can fill with a white powder. This powder is generally made up of either corn starch or talcum powder and is not usually detrimental, but can cause breathing problems for a few days if fully inhaled. However, it can last longer and have serious consequences for those with COPD and other lung function ailments.

Smoke Damage – Smoke is caused by burning material discharge and super heated particles that fill the air. During a car fire, some cars are better protected from burning the driver than others, but if the windows are rolled up, no car can remedy being filled with smoke surprisingly quick. If the victim in the car is rendered unconscious, even for a minute or two, they could suffocate. If they aren’t, even disorientation (which is common after a car accident) can cause serious smoke inhalation. A fire can produce compounds that do damage by interfering with the body’s oxygen use at a cellular level. The heat can also seriously burn the lungs causing internal scarring that could be permanent and inhibit breathing and activity level for the rest of the victim’s life.

Lung Injuries and Depression

Physical damage to the lungs is not the only damage that the victim can suffer. These injuries take a ton of time and effort to heal. Not being able to breath well can cause the patient to lower their activity level. This can result in not only prolonging the problem and weight gain, but also depression, researchers have found.

Joseph Bienvenu, MD, PhD, of Johns Hopkins University, and colleagues reported in the American Journal of Respiratory and Critical Care Medicine found that about 40% of patients reported depressive symptoms and 66% reported impaired physical function during that time period.

“Incident depressive symptoms and incident impaired physical function are common and long-lasting during the first two years after acute lung injury,” they wrote.

This was a longitudinal cohort study (a study that collects the same set of data over long periods then comparatively studied) of 186 acute lung injury patients from 13 intensive care units at four hospitals between October 2004 and October 2007. They were all survivors of acute lung injury.

Of all of the patients studied, a total of 21% had baseline depression. Futher, 40% had baseline impaired physical function. Over two years of follow-up after acute lung injury, the incidence of depressive symptoms in 147 at-risk patients was 40%, and the cumulative incidence of impaired physical function in 112 patients at risk was 66%, they found.

“Depressive symptoms are not only relatively persistent in acute lung injury survivors; they are also an independent risk factor for subsequent impairment in physical function,” Bienvenu and colleagues wrote.

Depression triggers noted in the study:

  • Lowered activity
  • Financial stress
  • Job loss
  • Morbid thoughts
  • Higher medical comorbidities
  • Hospitalization for other illnesses
  • Lower blood glucose in the intensive care unit

The investigators concluded that depressive symptoms are a significant and potentially modifiable risk factor for late-onset physical impairment, and that clinicians should run interventions that target these in order to improve long-term outcomes in survivors.

“Early identification and treatment of depressive states should be evaluated as a potential intervention to minimize the suffering and impairment that affect so many of these patients,” they wrote.

Limitations of the study included self-report of depressive symptoms, use of medical records to identify baseline depression, and inability to account for interval treatment of either depression or physical function impairment.

Western Washington Personal Injury Attorneys

A lung injury suffered in a car accident can last or years, even a lifetime, causing the victim to not be able to enjoy the activities that enriched their lives prior to the injury. This is particularly true in the Northwest that is known for hiking, mountain climbing, biking, kayaking, skiing, and other strenuous activities that require full breath control.

But this can also extend to doing your job or simply playing with your children. Without these things it effects your life at the most basic needs level. To overcome these life altering experiences, a victim needs the resources to gain as much of their prior lung capacity as possible through physical therapy, psychological therapy, and training (both physical and occupational). This takes money that insurance may not cover.

Phillips Webster is a local law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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Can A Personal Injury in a Car Accident Alter the Victim’s Immune System?

burn injuries, personal injury, personal injury attorney, personal injury lawyers, washington personal injury attorney, washington personal injury lawyer

December 9th, 2011: Law Blogger

People who are personally injured in a car accident know that one of the main procedures that emergency medical staff perform when treating victims throughout the process is preventing infection. This is particularly important for victims with open wounds and burns. However, medical experts have even found that patients without open wounds are in serious danger.

While victims are in the hospital it seems that they were still susceptible to infection and other illnesses regardless of the fact that the patient is in a sterile facility. Some assumed that the infections and other illnesses were due to proximity and environment (i.e lots of sick patients nearby), but new research suggests that a lowered immune response is caused by the personal injury itself.

These findings could potentially make the liability for an illness that might threaten the life of the victim suffered directly after an injury accident fall on the shoulders of the negligent party that caused the accident.

Post-Accident Genomic Immune System Research

The research was conducted by a collaborative program involving investigators from 20 academic research centers from around the United States, and appears in the December Journal of Experimental Medicine. This important study was supported by a grant from the National Institute of General Medical Sciences (NIGMS) at the National Institutes of Health.

Researchers found that traumatic personal injuries and major burns, set off what they called a “genomic storm” in human immune cells. The trauma resulted in altering 80% of the cells’ normal gene expression patterns. This has a major effect on the immune system.

They discovered that the genomic response to personal injury was essentially the same regardless of the patient’s individual genetic background. The genomic response in the immune system was also present whether the injury was caused by major trauma or serious burns, or if recovery is rapid or complicated.

“When this project was organized more than a decade ago, the question was raised whether responses would differ so much from person to person that no patterns would appear,” said Ronald G. Tompkins, MD, ScD, director of the Sumner Redstone Burn Center at Massachusetts General Hospital (MGH) and principal investigator of the study. “It is amazing how similar our responses to injuries like serious burns or trauma actually are.”

The Inflammation and Host Response to Injury Consortium was created in 2001 to study how our bodies react to personal injuries and burns and what factors set off excessive, uncontrolled inflammation that can lead to the overwhelming body-wide infection called sepsis or to multi-organ dysfunction syndrome, a life-threatening failure of vital systems.

Blood samples were taken from 167 patients being treated for severe trauma at seven U.S. hospitals within 12 hours of the injury and several times during the next 28 days after the injury. The research team analyzed whole-genome expression patterns in white blood cells. Gene expression pattern changes were tracked and compared with samples from 133 patients treated for serious burns, 37 healthy controls and four volunteers treated with a bacterial toxin that produces brief flu-like symptoms.

The genomic changes in almost all trauma and burn patients in the study began with inflammation and with the first-response innate immune system accompanied by simultaneous suppression of adaptive immune pathways. Through the 28 day study period, these patterns changed only by intensity and duration.

Potentially New Personal Injury Treatments

These findings fly in the face of widely accepted theories that the initial “pro-inflammatory” response in patient is soon followed by an “anti-inflammatory” response that opens the door to complications like sepsis and organ failure. Instead the only differences between patients with and without medical complications due to their personal injuries were in the levels of gene expression changes and the duration of those changes. Even the volunteers who received bacterial toxin, whose symptoms lasted for only 24 hours, had similar changes in 40% of the gene pathways that were altered in the seriously injured patients.

This expression could last longer in burn patients, who may take months to years to recover from their injuries. Trauma patients, on the other hand, usually recover a month or two. So researchers said that it was entirely unexpected that gene expression patterns in burns and trauma patients changed in exactly the same directions 91% of the time

“If you consider two patients with identical injuries from a serious auto accident – a 20-year old who is ready to go home in a week and a 55-year-old who is still in the ICU and on a ventilator at the same point in time – it would be logical to think that the complications suffered by the older patient must have a genome-based difference,” Tompkins said. “But it turns out that the gene expression changes are the same and the only differences is how much they change and how soon they return to normal. There are no new genes or pathways recruited to deal with those serious complications beyond those already involved in the body’s basic response to serious injury.

This knowledge allows the medical community to begin to design therapies to promote improvement in patients who would otherwise have complicated recoveries. It would also researchers to determine whether measuring genomic changes soon after injury can help them predict which patients will recover well and which will need more intesive treatment delivered in ICUs. This extra treatment can sometimes be harmful to the patient and could now be avoided unless they truly need it.

“The scientists have now created a detailed picture of the genomic aspects of this response, and among their findings are some surprises about the role of inflammation that could point to new strategies for treatment,” said Scott Somers, PhD, of the NIGMS.

Washington Personal Injury Lawyer

This is exciting for patients because with this knowledge they have a whole new understanding of the effects of traumatic personal injuries and burns suffered in automobile accidents that will allow first responders and trauma care workers make proper recommendations for patient care.

Phillips Webster is a law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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Why Does Washington State Have One of the Highest DUI Fatality Rates in the US?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

December 1st, 2011: Law Blogger

It may be shocking to hear that Washington State has one of the highest driving under the influence (DUI) fatality rates in the country. The Northwest seems so sparsely populated, laid back, liberal, and almost innocent in a way. But then you see the statistics: highest suicide rate, largest population of heroin addicts per capita, one of the largest domestic producers of meth amphetamine. This underbelly is enough to make you cringe.

This sad fact about DUI was revealed by the organization Mothers Against Drunk Driving (MADD) in their annual report. MADD is a grassroots movement that has grown to influencing national policies on DUI. And why not? Nobody wants to disappoint their mother. But disappoint we have and they suggest in the report that we be sent to our legislative rooms to draft tougher laws against drunk driving.

Washington State DUI Fatalities

MADD says that in 2009 there were 206 DUI-related traffic deaths in Washington state. This comprises nearly 42% of traffic fatalities in the state for that year. Only Connecticut, Hawaii and South Carolina had higher death rates from DUI.

That year was also a busy year for Washington law enforcement across the state as police stopped nearly 20,000 3-time DUI offenders and over 2,100 5-time offenders. MADD has recommendations specifically for Washington state to help with this disturbing conclusion.

According to the report “Washington has the most comprehensive ignition interlock law in the nation but could take additional steps to help save more lives. The state needs a better child endangerment law, legalization of sobriety checkpoints and utilization of no-refusal activities to further crack down on drunk driving.”

5 Criteria to Curb Drunk Driving

MADD has five criteria with which to determine the effectiveness of any given state’s DUI policy. States are assessed, determined, and then given stars for each policy that they comply with. There are only 5 five-star states: Arizona, Illinois, Kansas, Nebraska, and Utah. Washington, even with our horrid fatality rate, still rates three stars.

Drunk driving criteria:

Requiring Ignition Interlocks for all Drunk Driving Offenders – MADD cites more than 15 peer-reviewed studies to back their recommendation for laws that require devices such as ignition interlocks (breathalyzers set in the steering wheel that require little to no alcohol be detected before the convicted DUI offender can start their car). The Centers for Disease Control recommended this year that every state pass an all-offender ignition interlock law. By implementing this law alone, New Mexico and Arizona have reduced DUI fatalities by 36 and 46 percent.

Conducting Sobriety Checkpoints – Many people in Washington State find the prospect of checkpoints unsavory, leaving sort of a Gestapo taste in the mouth. Opponents also cite the fact that traffic is bad enough without daunting line of cars waiting for the police to stumble upon a suspect. However, according to MADD, sobriety checkpoints are proven to reduce DUI fatalities by an average of 20% by acting as a general deterrent to drinking and driving. Though opponents also say that it is a wasted use of manpower, MADD says checkpoints are cost-effective, reducing drunk driving expenses by at least six dollars for every dollar invested.

Enhancing Penalties for DUI Child Endangerment – DUI child endangerment is an issue that actually hits the headlines often without the required horrific car accident that thrusts other DUIs into the local headlines. This is where an adult chooses to drive drunk with a child or children in the vehicle and you would be amazed at how often it happens. MADD says enhanced penalties, such as making the crime a felony, are important ways to make adults think twice before acting so irresponsibly. This may run into an issue with the state’s roll in custody and parenting rights.

Participating in No-refusal Events – Refusing to submit to Breathalyzer or bloods test (BAC testing) is a serious thing in Washington State, but according to MADD, not serious enough. By refusing to submit to BAC, the organization says it could present a significant challenge to law enforcement and the courts. MADD insists that “no-refusal weekends” are successful in reducing the number of offenders who refuse BAC testing. The only way a State can get a no-refusal star, even if they have a no-refusal plicy in place is if drivers stopped have a 10% or lower refusal instance.

Utilizing Administrative License Revocation – Administrative License Revocation (ALR) is standard punishment for drunk driving in Washington State through the immediate confiscation of the offender’s driver’s license by the arresting officer. MADD says that studies show that ALR reduces DUI fatalities by as much as 9%.

Seattle DUI Victims Lawyers

Okay, so Washington State, with its 3 stars, is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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Drinking and Driving Prevention Technology Takes A Giant Step

DADSS, DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

November 2nd, 2011: Law Blogger

Currently in the State of Washington, drinking and driving laws are becoming some of the most stringent in the country. For us and other advocates for victims of drinking and driving, we welcome it. Not everyone is on our side.

There are those who use individual freedom as their justification for lowered drunk driving standards. This extends from the .08 blood-alcohol content (BAC) standard to the obligatory breathalyzer installed into the automobile by the courts for habitual offenders. However, those who have been personally injured or had loved ones who have been killed by a drunk driver will point out the individual rights of victims.

One of these organizations is Mothers Against Drunk Driving (MADD). This organization has been a vocal advocate of radical steps at drunk driving prevention including laws that not only cite the behavior of individuals, but also the bars that serve them. Now they have taken it one step further with the Driver Alcohol Detection System for Safety (DADSS) research program. A program that will undoubtedly stir a lively push back from the car manufacturers and those in the legal community who choose to defend drunk drivers.

Driver Alcohol Detection System for Safety (DADSS)

The DADDSS program began its research in 2008 as a national effort to develop publicly-acceptable technology that will prevent the illegal operation of a vehicle by a drunk driver.

The $10 million cooperative research project between the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS), representing the nation’s leading automakers, is now entering a new phase in which it will move out of the laboratory and onto the road. Researchers expect a drivable test vehicle to be ready within two years.

Researchers say that they are attempting to develop technology that won’t hassle sober drivers, requires no maintenance, and will be precise enough that it stops a driver when their BAC is at or exceeds 0.08.

“This will be lifesaving technology,” believes Rob Strassburger, Vice President of Safety and Harmonization of the Alliance of Automobile Manufacturers.

How Does It Work?

Two companies, Autoliv Development AB of Sweden and Takata-TruTouch of Auburn Hills, Michigan, are offering different alternative. Each were awarded $2.25 million to successfully demonstrating a working technology during the proof-of-concept phase. They have the potential for ultimately meeting stringent performance criteria established for DADSS.

Distant Spectrometry- Autoliv is developing a breath-based device, which they say performs a fast,  contact free, unobtrusive measurement of the driver’s breath alcohol. It utilizes concentrations of carbon dioxide as a measure of dilution of the driver’s exhaled breath. Multiple sensors placed in the vehicle cabin will allow the system to ensure that the breath sample is from the driver only and not other passengers.

Tissue Spectrometry – Takata-TruTouch is working on a touch-based approach that can measure BAC by shining an infrared light on the user’s skin. A portion of the light scatters several millimeters through the driver’s skin before returning back to the skin’s surface where it is collected by the optical touch pad. This light contains information on the skin’s unique chemical properties, which can be analyzed to determine the driver’s alcohol concentration.

The Court of Public Opinion

The public has been inundated with anti-DUI messages and now at least are aware or the problem. However, nationally, drinking and driving continues to be one of the leading causes of death and injury on America’s roads, claiming a life every 48 minutes. The NHTSA feels that the DADSS devices are a promising new tool to prevent drunk drivers and repeat offenders from getting behind the wheel.

Opinion research indicates that the public is ready for such a device. Research shows that two-thirds of those surveyed considered the use of advanced technology to keep drunk drivers off the roads to be a “good” or “very good” idea. Authorities cite the fact hat there were still nearly 11,000 such fatalities in 2009, nearly one-third of the traffic toll. They estimate that DADSS could prevent an estimated 8,000 drunk driving deaths a year.

Seattle DUI Victims Lawyers

As we recognize that this is a radical approach, if their numbers are correct this could reduce drunk driving fatalities by an amazing 72%. With those kinds of results, the inconvenience is worth the overall effect on society as a whole.

This may prove to reduce the number of roadside shrines that occupy roads across the nation commemorating those lost to drinking and driving. The shrines are also a reminder that the measures as they stand currently are reducing the number of drunk driving deaths slowly, but now that technology has caught up to the need, it is time to not only change policy and force behavior changes.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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Is Driving on Marijuana Worse Than Driving On Alcohol?

drugged driving, DUI, DUI accident attorneys, DUI victims lawyers, marijuana, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

October 19th, 2011: Law Blogger

Let us state right up front, driving on either marijuana or alcohol is illegal and a completely boneheaded idea that could potentially kill you, your passengers, and any innocent people driving, riding their bikes, or walking around you. Even driving on prescription medicines is illegal. Just don’t do it.

Yet, it happens, and there are people with scientific credentials doing trials to measure the effects of driving while people are high on delta-9-tetrahydrocannabinol (THC), the active ingredient of the cannabis plant otherwise known as marijuana.

Studies have shown THC helps fight glaucoma, boost appetites in cancer patients, and reduce nausea, aches, and pains for some disease sufferers. One thing no study will tell you is that marijuana cures bad driving, so anyone who tells you that marijuana makes them a better driver should have their personal observations questioned from then on.

However, like we said, there are studies being conducted that shed some light on some misconceptions of the effects of marijuana on a person’s ability to drive.

“Given the ongoing epidemic of drug-impaired driving and the increased permissibility and accessibility of marijuana for medical use in the U.S., it is urgent that we better understand the role of marijuana in causing car accidents,” Dr. Guohua Li, professor of epidemiology at Columbia University, said about of his marijuana driving study (see below).

Alcohol Effects on Driving

Anyone who has had a drink knows the effects of alcohol. One of those effects is impaired judgment, so the more a person drinks, the more they think they can drive. This is merely the first of many problems that come along with the consumption of alcohol that makes people who drive drunk a massive danger on the road.

  • Impaired eyesight
  • Impaired equilibrium
  • Impaired reaction
  • Low attention span
  • Confusion
  • Enhanced mood (good or bad)
  • Fatigue
  • Chance of blackout

Marijuana Effects on Driving

According to NORML, the marijuana advocacy site, “Subjects under the influence of marijuana are aware of their impairment and compensate for it accordingly, such as by slowing down and by focusing their attention when they know a response will be required. This reaction is just the opposite of that exhibited by drivers under the influence of alcohol, who tend to drive in a more risky manner proportional to their intoxication.”

Some of the effects include:

  • Impaired reaction
  • Low attention span
  • Enhanced mood (good or bad)
  • Fatigue
  • Confusion

Research

Beyond what advocates say and the lighter list of impairments, a new study published in the October, 2011 issue of the American Journal of Epidemiology found that nearly 30% of fatally injured drivers tested positive for drugs other than alcohol, with marijuana being the main culprit.

Epidemiology – the branch of medicine that deals with the incidence, distribution, and possible control of diseases and other factors relating to health.

Researchers in the study used data gathered from 9 epidemiologic studies published in English in the past 2 decades to assess the association between marijuana use and crash risk. The researchers found that drivers who tested positive for marijuana within three hours of using were more than twice as likely to be involved in a motor vehicle crash.

Drug assessment methods were important in the study also. Researchers found that the crash risk was higher if the marijuana concentration levels found in the urine were higher. The reason for this is that high concentrations in urine denote recent use and the amount, whereas longer-term use (such as in habitual or medicinal users) is better assessed in hair follicle tests.

The study’s authors suggested that marijuana use may worsen reaction and coordination abilities, but weren’t sure whether the amount of marijuana used, or how it was ingested, contributed to the crash rates.

“The results of this meta-analysis suggest that marijuana use by drivers is associated with a significantly increased risk of being involved in motor vehicle crashes,” the study abstract stated.

Skeptics

The study also suggests that, like alcohol, the more marijuana a driver consumes before getting behind the wheel, the more likely they are to crash. This assessment and the actual danger behind the wheel has drawn some skepticism. One of those skeptics is from a very surprising place, the Insurance Institute of Highway Safety (IIHS) a long time advocate of stricter enforcement and penalties for drunk and drugged driving.

“We can’t really say yet that marijuana increases the risk by two or three times,” Chuck Farmer, director of statistics of the IIHS said about the October study cited above. “Most of their studies pointed to a very strong bad effect of marijuana on driving, but there are other studies out there that actually go the other way.”

Of course there are also advocates from NORML that will give an obvious biased, but will also cite many of the same studies that other skeptics do. Specifically on their website they cite a 2002 review of seven separate studies involving 7,934 drivers, which reported, “Crash culpability studies have failed to demonstrate that drivers with cannabinoids in the blood are significantly more likely than drug-free drivers to be culpable in road crashes.”

DUI Victims Attorney

Like our opening disclaimer, we don’t advocate anyone getting into their vehicle after ingesting any type of substance that has the remote chance of impairment, be it alcohol, marijuana, or an over the counter cough medicine. Thought those are very different in their power and effects, we urge people to please review alternative options such as mass transit or taxis to get where they are going after ingesting drugs, pain medication or alcohol.

Phillips Webster represents families of victims who have been hurt or died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve. Call today for a free consultation.

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What Happens When I Suffer a Spinal Cord Injury (SCI) in an Automobile Accident?

personal injury, personal injury attorney, personal injury lawyers, Seattle personal injury attorney, Seattle personal injury lawyer, spinal cord injuries, spinal cord injury, spinal injuries

October 13th, 2011: Law Blogger

Ask any victim of a spinal cord injury (SCI) and they will tell you that one of the most frightening experiences in life is that moment they realized that they couldn’t feel certain parts of their bodies or could not move. This terrifying conclusion is only exacerbated by the fact that many of the victims had just survived a traumatic car accident.

Perhaps the fear stems from the loss of control or the shocking prospect of permanently disabled, a state that few of us are physically or emotionally prepared to deal with. What many victims don’t realize is that the time it takes to treat the wound is key to how severe and permanent it could potentially be. A number of emergency medical staff have experienced some confusion about how to treat these complex injuries initially. In response, a number of trials were created to find suitable immediate treatments to slow the progression of SCI and potentially reverse injuries associated with the disorder.

Spinal Cord Injury Research

Traumatic SCI remains one of the most costly and devastating neurological disorders to treat, not-only in Washington State, but the rest of the United States as well. It is one of the most prevalent injuries that drove the American’s with Disabilities Act (ADA) to change the way we all exist in society by making the country more accessible to people in wheel chairs. This is due to the overwhelming number of people permanently confined to a wheel chair as a result of an SCI auto accident.

According to the National Institutes of Health (NIH), “Among neurological disorders, the cost to society of automotive SCI is exceeded only by the cost of mental retardation.”

Recent National Spinal Cord Injury Statistical Center data shows:

  • Since 2005, automobile accidents have accounted for 40.4% of reported cases of SCI.
  • 12,000 new cases of SCI will develop annually in the United States.
  • Approximately 265,000 patients in the United States had had a traumatic SCI by 2010.
  • As of 2005, 80.7% of those affected by SCI were males, and the average age was 40.7 years.
  • Nearly 67% of patients with SCI are Caucasian.

According to the NIH, the lifetime costs associated with spinal cord injuries are staggering and vary with the level and severity of injury. For example, a patient with high tetraplegia (C1-C4) will incur about $985,774 in expenses in the first year after injury; if injured at age 25 years, the patient will incur a lifetime cost of $4,373,912. Life expectancy is highly variable depending on the level and severity of injury and the presence of potential complications (ie, ventilator dependency).

How Does A Spinal Cord Injury Happen?

The physiology of a spinal cord injury is extremely complicated and takes years of study to fully understand, but when a person suffers a spinal cord injury, they suddenly find a lot of time on their hands. The first step is to find out how it happened and then get into the technical part. This will help you answer the big first question of why it happened.

Causes of spinal cord injuries include:

  • Motor vehicle accidents (44%) – Depending on the placement and force of the impact spinal cord injuries can differ. The most common are rear-end accidents, followed by side impact accidents.
  • Acts of violence (24%) – Statistics differ somewhat in other countries – in Canada and western Europe, injuries due to violence are rare, while in developing countries, violence is even more common.
  • Falls (22%) – This is very common in the workplace, and the most common cause of spinal cord injuries and death amongst construction workers. Falls with serious consequences can also occur around the home falling from roofs and unstable ladders.
  • Sports (two-thirds of these are from diving accidents) (8%) – Many people don’t realize that there is a serious reason for form and that people can easily snap their neck or upper vertebrae with improper entry into the water.
  • Other (2%)

The spinal cord is divided into 31 segments, each with a pair of anterior (motor) and dorsal (sensory) nerve bundles. These bundles consist of two dorsal nerve roots, which are afferent and bring signals into the spinal cord, and two ventral nerve roots, which are efferent and send signals away from the cord at each segment. The dorsal and ventral nerve roots mix after the ganglion, creating mixed spinal nerves. Within the dorsal column:

Lateral spinothalamic tracts - Responsible for pain and temperature sensation.

Anterior spinothalamic tract - Responsible for light touch.

Anterior interomedial tract - Responsible for autonomic function.

SCI has traditionally been defined as:

Complete SCI - Described only by what level of injury may be involved; for example, a patient with a complete SCI might be described as having a complete loss of motor and sensory function below the injury.

Incomplete SCI – This involve a broad spectrum of pathologies, such as anterior cord syndrome, central cord syndrome, Brown-Séquard syndrome, conus medullaris syndrome, and spinal concussions.

Spinal cord injuries consist of two phases:

Primary phase – This includes the actual mechanism of injury that results in trauma to the spinal cord.

Secondary phase This occurs at the cellular level from resultant edema and inflammation, causing decreased blood flow. Neurologic cells in the spinal cord don’t regenerate easily. Corticosteroids, particularly methylprednisolone, are thought to reduce inflammation and potentially prevent ischemic and permanent neurologic changes. Current recommendations for the treatment of acute SCI with high-dose methylprednisolone.

Seattle Spinal Cord Injury Attorney

Victims of SCI who are treated within 3 hours of injury seem to do best on a 24-hour treatment plan, whereas those treated within 3 to 8 hours of the injury do better on a 48-hour schedule. If you are a victim or a bystander that recognizes the signs of SCI, call 911 immediately and tell them that you suspect an SCI so that emergency crews can prepare enroute.

If you or a loved one finds themselves with a debilitating and painful back injury after an accident it is best if you call a professional to review your legal options and protect your self and your health. Call Phillips Webster for a consultation.

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How Much Is Commuting Really Costing Me?

commute, personal injury, personal injury attorney, personal injury lawyers, PTSD, Seattle personal injury attorney, Seattle personal injury lawyer, stress

September 28th, 2011: Law Blogger

The traffic in Western Washington is legendary at this point. We are the 23rd largest area in population in the country, yet we have the 12th worst traffic. Is anything being done about it? Well, there were protests recently about cutting bus service to some vital areas due to budget concerns, so you tell me.

Regardless, there are giant holes being dug, light rail tracks being laid, and bridges being built with the intent of changing the traffic nightmare that Western Washington drivers have been living with for more than three decades. And there in-lies the problem, the cost.

The cost of viaducts, bridges, subways, monorails and tunnels have had their share of nay-sayers all citing cost, yet when you really sit down and look at how much it costs you as an individual, you figure out that perhaps commuting in your car is not the most cost effective route.

However, if your only option is a bus that runs outside past a stop that may or may not be covered or lit, blocks away from your house, and only on time on the best of days, it makes commuting by anything but car more hassle than it’s worth. But it’s not only the hard cost, but the life cost of commuting also. The 20 minutes here, the hour there, all add up to less time you getting paid and spending time with your family. But there are answers.

Commuting Our Lives Away

According to the newest Urban Mobility Report by the Texas Transportation Institute, commuters in Western Washington spent an average 44 hours stuck in rush-hour traffic in 2010. The average amount of delay in 439 urban areas was 34 hours. Washington, D.C., had the worst congestion with the average commuter spending 74 hours stuck in traffic and wasting 37 gallons.

The Texas study further set Seattle’s travel time index (which measures the time it takes to drive somewhere during rush hour compared to free-flow periods) as 1.37, which was sixth-worst in the nation. A value of 1.30 indicates a 20-minute free-flow trip takes 26 minutes in the peak period, according to the report

This is an annual study, so the good news is that Seattle’s commute was no better or worse than the year before, and has been slowly improving over the last decade. However, Western Washington drivers waste 46,373 gallons of fuel (23 gallons per auto commuter) just idling in traffic. Nationally, 1.9 billion gallons of fuel were wasted in 2010, the report estimates. Delays caused by congestion cost $101 billion in extra time and fuel.

Down south in Portland the commute is better, but not considerably, with their commuters spending 37 hours in traffic. This ranks them 19th in the nation, according to the report. These numbers are from an area that has made considerable improvements to urban density and have invested heavily in transit, which seemed to keep travel delays in check by encouraging people to take shorter trips or light rail instead.

Cost of Commuting

The extra time in traffic is estimated to cost $942 per Seattle commuter (excess fuel and value of time, estimated at $8 per hour). If only a quarter of the population in Western Washington commutes (approx. 1.3 million people) then that means those two days we are stuck in traffic collectively cost us $1.23 billion dollars!

There are some ways we can curb that cost:

Car/Van pool – Being jammed in a sardine can with the same people everyday can be irritating, especially if you’re not feeling particularly chatty that day. However, it keeps you on time and the cost is considerably cheaper.

Bus – The great thing about the bus is that you can keep to yourself and generally have the elbow room to do it. As mentioned above, there are some limitations such as late busses, crowded buses, no bus shelter, limited lighting, and multiple stops.

4-Day Work Week – There are 2 types of four-day work week. One is a 10 hour a day work day four times a week, which employers hate since they would much rather people work 10 hours a day for five days. Then there are the 4 eight-hour days and one day of telecommuting. Employers seem to be much more comfortable with this, but it can be rough on employees that aren’t used to the discipline required to telecommute.

Telecommute – This is extremely common, particularly amongst information technology and computer professionals. And as cloud computing becomes more prevalent it is many employers are doing away with offices all together. This can actually translate to longer hours for the employee as their work is always present, but can save them tremendous amounts of money on commuting costs (and lunches out).

Bicycle to Work – Biking to work is on the rise, in fact, there has been a 22% increase in the Seattle are in 2010 alone. Biking to work is not an option for many as they may have physical limitations, fear of biking in traffic, or no desire. However, this can be the best option for most people as it will extend your life and save you a ton of money.

Western Washington Car Accident Lawyer

Commuting is a wonderful way of wasting your life away while slowly moving in a car listening to talk radio. Yet, it is how our society is set up and the way it’s going to be for a while until alternatives present themselves. However, you do have the option of setting something up with your coworkers such as a car pool to save some money and perhaps even have someone else to drive every once in a while. Just make sure you ask you insurance agent to accomodate your car pool and other drivers.

Phillips Webster is a law firm of dedicated legal professionals with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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