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Car Accidents
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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 ‘seat belts’

Why Don’t People Wear Seatbelts?

Car Accident, Car accidents, personal injury, seat belts, seatbelts, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney, Washington car accident lawyer

March 25th, 2011: Law Blogger

Seattle Car Accident LawyerAs long time advocates of vehicle safety, we pay close attention to car accidents in Washington State. Police reports and news stories seem to come out on a weekly basis of people suffering serious personal injuries and dying because they were not wearing their seatbelts.

The excuses vary, but the results are the same. Head-on accidents can thrust the victim out of the front windshield of the car, rollover accidents can cause a victim to be thrown out of the car, and almost every other accident can result in being rattled around the inside of the vehicle like loose debris.

These results are horrific and there have been hundreds of studies showing the benefits of seatbelts. In fact, Washington State implemented a “Click it or Ticket” campaign that increased enforcement and fines for people, both drivers and passengers, who were not wearing seatbelts while the car was moving. Regardless of this, there are still those few who insist on not wearing seatbelts and they have a myriad of excuses, yet you will find that “not wanting to die” is not among them.

Top Ten Excuses People Use For Not Wearing Seatbelts

The National Highway Traffic Safety Administration (NHTSA) conducted a survey amongst 1685 people who said that they do not regularly or never wear a seatbelt. They then tallied their answers and spread them amongst many different criteria, but there were ten main excuses that they all seemed to have in common.

1: “Only driving a short distance” – Studies have show that the majority of accidents happen within 5 miles of the victim’s home, thus, not putting on your seatbelt for short trips in fact increases your chances of getting severely injured in a car accident.

2: “Forgot to put it on” – Most modern vehicles produced after 1985 have a seatbelt light that reminds drivers to wear their seatbelts. Some of these sensors also monitor the weight put upon passenger seats and back seats and will chime when the seatbelts are also not activated. Please do not deactivate this feature and do not ignore it.

3: “In a rush” – We all live hectic lives, but taking two seconds to put on the seatbelt will not hamper the degree of lateness any driver may experience. Sure, with multiple stops taking on and off the seatbelt can be a pain, but it is only a small movement that takes less energy and as much time as closing the car door, which is probably something that everyone does every time they enter and leave the car.

4: “The seatbelt is uncomfortable” – This excuse would be valid if seatbelts weren’t adjustable, but they are. Some people are larger than others and may have to stretch it further or slip it under their belly, but it’s worth it.

5: “Driving in light traffic” – The fewer the cars, generally, the faster people drive. Studies have shown that there are more deaths and injuries on low volume rural roads than there are on high volume urban roads. Plus this excuse becomes less valid as traffic volumes vary as cars reach different streets and arterials.

6: “The probability of being in a crash is too low” – It is impossible for an individual driver to predict when they are going to get into a serious car accident. Daytime traffic volumes are high causing accidents, which lead to evening and early morning when instances of speeding and DUI increase considerably.

7: “Don’t want my clothes wrinkled” – There is no disputing, seatbelts can wrinkle some clothing, but risking a slight wrinkle from a seatbelt is a better bet than risking your life. Plus, is people are aware that you drove to work or to your meeting, they are far more forgiving than you may think.

8: “People I am with are not wearing belts” – This excuse is in the same category of the “If your friends jumped off of a building” excuse for social conformity. People who judge you for using safety precautions in a vehicle, which statistically kills more Americans than any other thing outside of disease, may need to reassess their priorities and overall judgment.

9: “Don’t like being told what to do” – If people who used this excuse actually believed it then they wouldn’t allow labels on rat poison to keep them from eating rat poison or allow warning signs on electrical wires to deter them from using them as dental floss. Not that the people who use this excuse are intellectually challenged, but consistency might help them realize the errors of their ways.

10: Other – “Other” in the study includes “I knew someone who was wearing their seatbelt and they died anyway,” and “I’d rather be thrown from the car in the event of an accident than stay in it.” Neither of these excuses are valid or sane for that matter. Seatbelts save lives, but only to an extent. Accident severity varies and seatbelts don’t make drivers immortal. Also, being thrown into the roadway like a helpless ragdoll to be run over by other vehicles rather than surrounded by a steel shell during a car accident is a misguided notion. The last excuse was, “My [loved one] was killed by the seatbelt.” This has been known to happen, but not wearing a seatbelt is 99% more detrimental.

seattle car accident attorney

Washington Car Accident Lawyers

The standardization of over the shoulder seatbelts is less than 30 years old. This came after research showed the hundreds of thousands of lives that could potentially be saved by improving the effectiveness of seatbelt technology and follow it up by an effective awareness campaign. Though deaths and injuries due to people not wearing seatbelts is down dramatically from the 80s, there is still work to be done. Please don’t allow your friends or loved ones to become statistics, urge them to stop making excuses and buckle up every time they get behind the wheel.

Phillips Webster is a Seattle 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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Ford Ordered to Pay $131 Million in Wrongful Death Lawsuit Verdict Over Defective Seat Belt

defective design, seat belts, Washington wrongful death lawyer, Wrongful Death, wrongful death attorney

September 8th, 2010: Law Blogger

Ford VerdictThe issue of defective seat belts has been a major concern at Phillips Webster for many years now. The laws dictating that all vehicles be equipped with shoulder belts have saved millions of lives since it was implemented in 1986, but that does not make up for the fact that some of them are defective. Either by defective design or shoddy manufacturing, when a driver is wrongfully killed because the seat belt fails, it is up to the company to compensate the family for their losses, and that’s exactly what happened in Mississippi yesterday.

In a wrongful death lawsuit filed by the family of Brian Cole, who lost his life while driving a Ford Explorer in 2001, a jury sitting for Jasper County Circuit Court in Mississippi has ordered Ford to pay $131 million.

The $131 million verdict is the ninth largest against an automaker in US history. The reason for the large sum of the verdict stems from the fact that Cole, 22 years-old at the time of this death, was a minor league baseball player who was being recruited to play for the New York Mets at the time of the accident. He was considered one of the best prospects in baseball at the time.

The accident happened in the midst of the scandal surrounding Ford Explorers rollover accidents. At the time Ford put the bulk of the blame on defective tires made by Firestone and it seems that the media bought it. But many were still skeptical and suspected that there were also serious design flaws.

At the time of the Cole SUV accident, Ford attorneys say that he was driving 80 mph and was not wearing a seat belt at the time he lost control of the vehicle and it started rolling. They say the accident threw the baseball prospect out of the Explorer, but kept his passenger, who was wearing a seatbelt at the time, in the vehicle. Cole died, the passenger suffered minor personal injuries.

“This was a tragic accident and our sympathy goes out to the Cole family for their loss, but it was unfair of them to blame Ford,” Ford spokeswoman Marcey Evans.

The attorney for the family disputed this account and contended that Cole was in fact wearing his seat belt, but the seat belt was defective. He did not dispute the speed, but pointed out that the man was thrown from the vehicle, and upon investigation of the scene it was found that his seat belt was in fact still buckled.

The lawyer went on to allege that the seat belt had failed to restrain him in the seat like his passenger and that he would not have died and perhaps would have gone on to have a successful well-paid baseball career had he survived.

After the verdict, Ford agreed to a settlement with the family for an undisclosed amount, most likely in order to avoid the long and expensive appeal process.

These types of tragic circumstances never easy for a family. The company is not capable of seeing beyond the effect of the lawsuit on their bottom line and that is why they generally blame the victim in most circumstances. Unfortunately, defective devices are not victimless, particularly when seat belts are concerned.

If you or a loved one has been wrongfully killed in a rollover accident it is imperative that you find a legal representative that can walk you through the insurance and litigation process. Call the Washington Wrongful Death Lawyers at Phillips Webster for a consultation.

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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.

Rear End Collisions in Washington

air bags, neck injuries, rear end collisions, seat belts, soft tissue injuries, Washington auto accident lawyers

October 15th, 2009: Washington Law Blogger

One of the most common types of collisions that occurs between vehicles is the rear end collision. These types of accidents are particularly dangerous because many times, the driver who is hit does not have nearly enough time to react to the oncoming vehicle and even in instances where he or she does see it coming, it’s impossible to take evasive measures for any number of reasons. Therefore, Washington auto accident attorneys regularly speak to those who have been injured in such crashes, and below is a brief overview of the issue.

Common Injuries

When a rear end collision occurs, it leaves the passengers in the car that’s hit in an extremely vulnerable position, even if they are wearing seat belts and have air bags in the proper places. The reason is that the human body is simply not engineered to endure violent collisions from the rear, and when the body is forced forward at high speeds several injuries can result. Specifically, these injuries often involve the neck and spine, and even soft tissue injuries can result. What’s worse is that these soft tissue injuries can be difficult to diagnose and can take some time to even reveal themselves by way of overt physical symptoms.

Fault Questions

Fortunately in Washington and just about everywhere else, there is a bit of a presumption of fault when a rear end collision occurs. Numerous studies have shown that rear end collisions are often the result of a distracted driver, which means that the driver who rear ends another car is found to be at fault the vast majority of the time. The presumption is rooted in the fact that an attentive and properly defensive driver should have been traveling at a safe speed and provided him or herself with enough time and space to avoid such an incident.

How to Proceed

If you have been involved in a rear end crash, you need to seek immediate medical help, even if you do not feel that you are injured. When that is complete, you need to contact the Washington auto accident lawyers at Phillips & Webster today to schedule a free initial consultation.

Crash on I-5 Could Contain Multiple Layers of Negligence

attorneys, auto accident, DUI, I-5, injuries, seat belts, seattle, SUV rollover

June 10th, 2009: Washington Law Blogger

When a car accident occurs and two children are seriously injured, it cannot be described as anything but tragic. That appears to be the case with an auto accident that happened on I-5 yesterday that left a 3-year-old boy and a 6-year-old girl in critical condition. Three other minors, whose ages range from 9 to 16, were also injured and taken to the hospital.

According to The News Tribune:

“A driver possibly high on drugs caused a crash Tuesday that sent two children to a Tacoma hospital in critical condition and stopped traffic in two counties for more than three hours, the Washington State Patrol said.

Nine people in one of the vehicles involved in the crash on Interstate 5 near DuPont were hurt because they were not wearing seat belts, the State Patrol said.

Trooper Brandy Kessler said a car traveling south on I-5 slammed into an SUV about 1 p.m. after the car’s driver lost control near at the DuPont exit. The SUV hit a barrier and rolled several times, ejecting three passengers.”

There are three potential points of liability that could already be identified with this situation:

1. The driver of the vehicle that’s alleged to be ‘high on drugs.’ If that’s true, that driver could not only face a civil lawsuit, but also criminal prosecution.

2. The other driver apparently did not require the passengers to wear their seat belts, which could lead to civil liability in that direction as well.

3. If the SUV rolled over while being driven at a somewhat reasonable speed and in a reasonably safe manner, this could turn out to be yet another SUV rollover case.

As you see, auto accidents of almost any type can lead to multiple legal issues. If you or someone you love has been injured in such an incident, contact the Seattle auto accident lawyers at Phillips & Webster immediately to schedule a free initial consultation.