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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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Why Are Vehicular Deaths Amongst Washington Native Americans So High?

auto accident, auto accident attorneys, auto accident lawyer, Car accidents, insurance, Seattle auto accident attorneys, Seattle Car Accident Lawyers, target zero

February 1st, 2012: Law Blogger

Washington State has a robust population of Native American residents living both in and out of reservations. As with any statistically measurable group, driving to work and conducting errands is a normal part daily life for almost all Native Americans. However, it seems that this group as well as Native Alaskans tend to be killed in a car accident far more that of any other minority group in the United States.

Washington State is aggressively moving towards eliminating road deaths for good. Governor Chris Gregoire has introduced a program called Target Zero with the aim to eliminate car accident deaths on Washington Roads by 2030. One step in this daunting effort is to touch the most at risk groups.

One of the obstacles is that Washington Tribes may not have rules or laws that mimic the efforts of Target Zero in order for the program to be a 100% success. However, there has been a national call to raise awareness of this disparity in motorist death.

More Research = More Concern

New research from the Johns Hopkins Center for Injury Research and Policy, in a review of the evidence on risk factors and interventions addressing this disparity published in the January issue of Epidemiologic Reviews, has highlighted the fact that there needs to be more research and programs to address the elevated rate of motor vehicle-related deaths among American Indian and Alaska Native populations.

The research team conducted a systematic review of literature published over the past 20 years and found only peer-reviewed 7 studies across all academic sources and government agencies described the problem in any way and tested interventions.

“The small number of studies in the peer-reviewed literature is surprising given the enormous human and economic impact of motor vehicle-related deaths in this population,” said lead study author Keshia Pollack, PhD, MPH, an assistant professor with the Johns Hopkins Center for Injury Research and Policy, part of the Bloomberg School of Public Health. “If injury disparities are going to be eliminated, support for research and programs targeting those groups disproportionately impacted needs to be made more readily available.”

Researchers identified published studies in peer-reviewed Journals between 1990 and 2011. They also searched websites such as Indian Health Service (IHS), the CDC’s Morbidity and Mortality Weekly Report and issues of the IHS Primary Care Provider, a journal devoted to IHS articles and tribal and urban Indian health care professional providers.

The study data found that, even though car accident deaths are declining overall in the U.S., deaths are highest among American Indian and Alaska Natives. According to the Center for Disease Control, car accidents are the leading cause of unintentional injury among Native Americans ages one to 44. Adult motor vehicle-related death rates for Native Americans are more than twice that of whites and almost twice that of African Americans and three times the rate for the Asian and Pacific Islander population – the population with the lowest rate.

The existing literature suggests that multiple risk factors involving behavior, policy, and environmental factors are behind the disparity. These include:

Living in rural communities – Statistically rural communities of any demographic have higher death rates over urban areas. This is due to speeding, lack of enforcement, and merging from rural roads to high speed highways.

Road conditions in rural areas and/or reservations – Directly related to availability to services such as road clearing, utility services, and emergency services in the event of an accident.

Availability of alcohol – Many Native American communities have lowered or eliminated the availability of alcohol, however, this does not curb the lowered or less stringent enforcement in some communities, which invariably lead to higher DUI related death rates.

Pedestrian involvement in crashes – Lack of proper sidewalks and crosswalks in many rural communities is a concern regardless of the demographic, but has translated into higher Native American death rates.

Lack traffic control devices – This is also a resource issue as flashing lights and traffic signals in rural areas can be expensive to put up and maintain.

Lack of artificial lighting – Like the lack of traffic devices this is a resource issue. Along state highways, proper lighting can be put up and maintained due to the power of state revenue, which may not be fully available to the reservation at the same level.

Researchers point out that frequency of pedestrian-related deaths is the one factor that is mentioned across all studies that they reviewed. The authors of the study were not able to identify any interventions implemented that specifically sought to improve pedestrian safety, however, there are many studies that suggest multiple affordable solutions.

“Studies like this give a bird’s-eye view on the problem,” said Pollack. “In addition to discovering gaps in the existing research and programs, we’re able to identify promising interventions worthy of replication. Priority should be given to interventions that combine multiple methods and use partnerships to change policy, the environment, and individual behavior.”

Seattle Car Accident Lawyer

One of the big parts of trying to achieve the lofty goals of Target Zero is to establish what is called a Traffic Safety Culture. This is defined as a culture that is aware that one of the biggest causes of death is road deaths and that this wholly preventable as long as a policy is in place to curb it. The Target Zero program has done that by providing a 4 pronged approach:

Education - Give drivers the information to make the best choices.

Enforcement - Use driver behavior data to help law-enforcement officers pinpoint locations with a high number of serious collisions.

Engineering - Use best practices to prevent or reduce the severity of collisions.

Emergency Medical Services - Provide high-quality and rapid emergency and medical response to injury collisions

By bolstering the funding and emphasizing the importance of these factors, Individuals may be safe drivers, but those who take their own lives in their hands by speeding, DUI, drowsy driving, and distracted driving need to recognize that they are putting everyone around them in danger, not just themselves and their passengers.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Posted in Auto Accidents, car accident, crosswalk accident, distracted driving, DUI, pedestrian accident, Wrongful Death

Why Are Low Income People Charged More For Car Insurance?

auto accident, auto accident attorneys, auto accident lawyer, Car accidents, car insurance, insurance, personal injury, Seattle auto accident attorneys, Seattle Car Accident Lawyers

January 31st, 2012: Law Blogger

Laws in Washington State and around the country were passed long ago requiring all drivers carry car insurance to that they can cover any damage or personal injury costs resulting in an accident. I don’t think there’s any doubt in anyone’s mind that this is a good thing, as long as it’s equitable.

As Washington personal injury attorneys with a diverse clientele spanning across all income brackets, we are right in the middle of the insurance issue. That’s why we were a little steamed about a study that came out this week regarding the disparity in charges for car insurance to lower income drivers than higher income drivers.

Lower Income Insurance Study

A new and quite extensive report from the Consumer Federation of America (CFA), an organization that seeks to advance consumer interests through advocacy, research, and education, has shown some major rate disparities by income amongst some of the largest car insurance companies in America.

In the report the authors pointed out that for many poor people, the cost of car insurance can impede car ownership and in cases of lower cost cars, can exceed the cost of the vehicle itself. That has broad economic implications since those without cars have a harder time getting to work, school, day care or the grocery store.

“There is much academic research that clearly shows that if you have ready access to a car, it dramatically improves your economic opportunities,” said Stephen Brobeck, executive director at CFA.

Researchers cited 2006 research that found that those with less education and working in less skilled occupations often pay premiums that were on average 40% higher. Certainly this has many different factors involved in it, but the wider view into the disparity suggests that there may be a larger inequality issue here.

Even though insurers are prohibited from asking for a potential customers income, the authors of the study contend that many of their methods put lower- and moderate-income households with between $20,000 to $40,000 in earnings per year at a disadvantage. The reason for this is that insurers, though not asking directly, have other roundabout questions that are perfectly legal with give them a fairly accurate gauge as to the income of the person they are interviewing.

One of the main reasons for this is that the cheaper the car insurance is on paper, the more the people are paying for the actual coverage. Researchers liken it to going to a store with large items that only wealthy people have access to and getting the item for the same price as a smaller item at another store that poor people frequent. The pricing versus coverage is often wildly disproportionate.

After examining the data and researcher’s coments, the CFA suggests that pricing should be largely influenced by factors that drivers can control, like the cars they drive and how far and safely they drive them.

“Poor people, we know from the data, they spend a lot less on gas, which means they are driving less,” said J. Robert Hunter, co-author of the paper and director of insurance at the group. “So if insurers more fully reflected miles driven in pricing, it would lower the rate for poorer people.”

Determining Rates

Differences in rates are nothing new. If you are a young male who drives a fast car, you know that well. Why? Because males between the ages of 16 and 25 are statistically the most prone to car accidents and most of the accidents are caused by speeding. The numbers ring true regardless of income. These rates come down at a certain point after the driver has proven they are responsible and hit a certain age.

What determines car insurance rates and do they effect the poor disproportionately?

  • Age – Generally, the older you are, the fewer accidents you’ll have than less experienced drivers, particularly teenagers. Insurers charge more if teenagers or young people below age 25 drive your car. No effect.
  • Credit – Insurance companies use FICO scores as a factor in insurance rates. Credit-based insurance scores are based on information like payment history, bankruptcies, collections, outstanding debt and length of credit history. Regular, on-time credit card and mortgage payments affect a score positively, while late payments affect a score negatively. Yes. Poor people generally have lower credit ratings overall.
  • Location – Local statistics influence Insurance rates, such as the number of accidents, car thefts and lawsuits, as well as the cost of medical care and car repair. Yes. Income is a large determining factor as to the crime rate of they area in which they live.
  • Make and Model – Automobiles that are expensive, have high theft rates, higher repair cost or have poor safety records cost more to insure. No effect.
  • Odometer Reading – If you drive a lot you increase your chance for accidents, the more you’ll pay. If you drive less than 10,000 miles a year, you will pay less. Some companies will give discounts to policyholders who carpool. Yes. As inner cities with more access to public transit become more gentrified, it forces the poor to move farther out, forcing them to put more miles on their odometer to reach their jobs.
  • Time Without Insurance – Plus there’s a time lag. You may also pay more if you haven’t been insured for a number of years. Yes. Poor people do not pay for items that they don’t use. If they live near their work, then they may have long periods where they do not drive.
  • Safe Driving Record – If you have a lot of accidents and serious traffic violations, the higher your rate of course. No effect.
  • Size of Policy – You’ll pay more for a large policy. Generally, insurance companies offer discounts if you have your homeowners and auto insurance policies with them. Yes. Many lower income people do not own their homes, boats, etc and do not have access to bundling discounts.

Seattle Car Accident Lawyer

There is a much larger poor population than there is rich, so it would be unreasonable to say that poor people get into more accidents based purely on population. There is also little to no evidence that, just because a person is poor, they are more prone to accidents.

We’re concerned about this issue because insurance companies will use any excuse to gouge the public and when one of their loyal customers receives a personal injury in a car wreck, they do everything in their power to avoid paying what they agreed to pay in order for the individual to receive proper care and/or just compensation.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Posted in Auto Accidents, car accident, Insurance Company, personal injury

Should A Ban On Distracted Driving With PEDs Become A National Law?

Car Accident, distracted drivers, distracted driving, distracted driving attorneys, distracted driving lawyers, distractions, puget sound car accident lawyer, Seattle auto accident attorneys

December 13th, 2011: Law Blogger

In Washington State and across the nation, laws have begun to be ratified that levy heavy fines and other penalties on drivers that drive while texting or talking on the phone without using a headset. However, many safety advocates recommend that this be extended to other similar devices such as tablets (iPad, Kindle, etc.) and personal music devices (iPod, MP3 player, etc.). All of these fall under the category of Personal Electronic Devices (PEDs).

This trend and safety advocate concerns have not fallen on deaf ears. Ray LaHood, the Chairman of the National Highway Traffic Safety Administration (NHTSA), has made many very public statements against the use of cell phones by both commercial drivers and the larger public. Not only that, there has been very large public committee meetings in both congress and senate concerning this issue.

All of this has led up to today, where the National Traffic Safety Board (NTSB) called for a national ban on the use of PEDs, the first large government organization to make such a drastic move.

Distracted Driving Research

This decision comes after some pretty extensive research. Though car phones have been available for several decades, they were exclusively used by the wealthy. In the words of NTSB Chairwoman Deborah Hersman, distracted driving has been a problem “since the Model T.” This changed in the early ninties, when low priced and free cell phones entered the market. Almost overnight it was apparent that there was a new danger on the road, but it took a decade for serious studies to begin regarding the concern.

Authorities say the danger become even more ubiquitous with the explosion in the number of portable smart phones. In the last two decades, there has been exponential growth in the use of cell-phone and personal electronic devices. Globally, there are 5.3 billion mobile phone subscribers or 77 percent of the world population. In the United States, that percentage is even higher – it exceeds 100 percent.

At any given moment during business hours, it is estimated that 13.5 million drivers are on hand-held phones, according to a study released last week by the NHTSA.

“Some 3,092 roadway fatalities last year involved distracted drivers, although the actual number may be far higher,” a NHTSA representative said. “However, because distracted drivers sometimes die during the crash or rarely fess up to their actions, determining whether distraction was a factor in an accident can be difficult.”

Serious Distracted Driving Events

The NTSB announcement was accompanied by a series of events that had been studied in order to come to the conclusion. They specifically cited a 2010 Missouri accident where a driver of a pickup sent 11 texts in the 11 minutes leading up to a chain reaction accident where he rear-ended a semi truck, then was rear-ended by a school bus, which was rear-ended by another school bus following it. All of this resulted in two deaths and 38 personal injuries.

An experienced motorcoach driver was distracted in 2004 by his hands-free cell phone, causing him to stay in the far right lane, failing to move to the center lane, causing the bus he was driving to strick the underside of an arched stone bridge on the George Washington Parkway in Alexandria, Virginia. Eleven of the 27 high school students were injured.

In the 2008 collision of a commuter train with a freight train in Chatsworth, California, the commuter train engineer, who had a history of using his cell phone for personal communications while on duty, ran a red signal while texting. That train collided head on with a freight train – killing 25 and injuring dozens.

In 2009, two airline pilots were out of radio communication with air traffic control for more than an hour because they were distracted by their personal laptops. They overflew their destination by more than 100 miles, only realizing their error when a flight attendant inquired about preparing for arrival.

In Philadelphia in 2010, a barge being towed by a tugboat ran over an amphibious “duck” boat in the Delaware River, killing two Hungarian tourists. The tugboat mate failed to maintain a proper lookout due to repeated use of a cell-phone and laptop computer.

In 2010, near Munfordville, Kentucky, a truck-tractor in combination with a 53-foot-long trailer, left its lane, crossed the median and collided with a 15-passenger van. The truck driver failed to maintain control of his vehicle because he was distracted by use of his cell-phone. The accident resulted in 11 fatalities.

Distracted Driving Laws

Making a law national is a big step, particularly when there is such a heavy sentiment surrounding states rights in the US. As you can see by the graph, there is still an uphill battle on defining what is and is not distracted driving and appropriate behavior when driving a car.

Types of PDEs:

Cell Phones – These can be used with a hands free earpiece or onboard speaker system, however, some studies that having both hands on the wheel or having one side of your face unobstructed has caused on change in the level of distraction. This has caused some experts to recommend ending all calls in the vehicle while it’s moving.

Texting – This activity while driving has proven to be akin to being equal to being over the legal drinking limit. In fact, some studies have suggested that texting drivers could be equal to twice the legal limit in ability and attention.

Tablets – These may not belong when driving, yet people use them while driving anyway, just like reading the newspaper or a book while driving. Instead, they’re surfing the internet, even more distracting.

On Board Systems – The computer systems with touch screens in the newest cars coming out are specific to vehicles, but are not a ton different from a tablet or home computer. They are able to retrieve GPS information just as easily as take a call or retrieve email. This is equal to, or possibly more, detrimental to drivers.

All of these systems can cause serious distractions. Should they become illegal to use while the vehicle is moving? Some suggest that technology could be the answer to a technology problem. There is software on the market now that causes any phone going faster than 15 mph to be rendered useless. Will new technology be able to compensate for passing a law? Perhaps it will be easier to require.

Puget Sound Auto Accident Lawyer

If you or someone you know has suffered a serious personal injury after getting into a car accident with a distracted driver, then you need skilled legal council to represent you to assure that you get the compensation you deserve. Call the Seattle car accident lawyers at Phillips Webster for a free consultation.

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Posted in Auto Accidents, car accident, distracted driving, Wrongful Death

What Is Traffic Safety Culture (TSC) In Washington State and What Does It Look Like?

auto accident, auto accident attorneys, auto accident lawyer, Car accidents, insurance, Seattle auto accident attorneys, Seattle Car Accident Lawyers

November 26th, 2011: Law Blogger

Living in Western Washington can by trying to say the least. It seems as if it is a constant traffic jam no matter where you go. Is it bad planning, bad driving, or bad policy? Some advocates of the concept of the Traffic Safety Culture (TSC) suggest that it could be a combination of all three and the Puget Sound area is not an exception.

Bad Planning - Part of this can be attributed to bad engineering plain-and-simple on the side of city planners. These include common things you’ll find in Western Washington such as surface streets merging into the fast lanes of freeways, merging freeways into other freeways without the option of dispersing into a major arterial into the city, and of course closing surface streets at certain times to traffic during rush hour to only transit.

Bad Driving – According to All State Insurance company, Western Washington Drivers are some of the worst drivers in the country. We examined this in our article, “Why are Western Washington Drivers Ranked So Low On Safety?” We set forth the argument that it is impossible for drivers in one area of the United States to be worse than another purely for regional reasons and that there have to be other factors such as weather, policy, legal ramifications, and civil design involved.

Bad Policy – Washington may not be suffering from bad policy. The reason for this is that our state has some of the most stringent policies in the country when it comes to distracted driving, driving under the influence (DUI), and speeding. This is apparent with Governor Chris Gregoir’s aggressive Target Zero program. This program implemented in 2010 vowed to eliminate traffic deaths by 2030…you read that right, eliminate traffic deaths. Creating a Traffic Safety Culture is a giant part of the success of this policy and advocates say that it is achievable. Governor Gregoir certainly does.

What is a Traffic Safety Culture?

The white paper published on the subject by the Department of Preventive Medicine & Biometrics entitled, “Towards operationalizing and measuring Traffic Safety Culture” examined the topic of TSC by tackling it in an academic manner. They examined the term and the definitions presented by others writing on the subject. They define it as:

“A social climate in which traffic safety is highly valued and rigorously pursued.”

This rather sweeping definition does not address the many elements that surround the creation and perpetuation of a TSC. These elements include:

  1. Society needs to be fully conscious that there is a problem in the first place.
  2. There also needs to be agreement that the problem needs to be addressed.
  3. Society has collective commitment to safety.

Only when these things are achieved will any of the many specific problems that cause serious car accidents and vehicular deaths be fully addressed.

Do we already live in a Traffic Safety Culture?

Some may argue that TCG is already happening, particularly in Washington State. They would cite stricter laws such as the ones cited above (DUI, etc). Others suggest that society is far from a TSC citing the fact that car accidents remain the leading cause of death amongst all people between the ages of 16 and 35. Looking at the elements below, one may conclude that we do already have a thriving TSC, however, the numbers of deaths and injuries are hard to deny.

Things being done to form a TSC:

Laws – Making social rules is a political process and politicians run on platforms based only things that they or they think their constituents are most concerned about. These things can be good for traffic safety or detrimental. An example of this was the defunct abolition of the speed limit in Montana. It was found that the law may have encouraged bad and dangerous driving behavior and might have been linked to some serious wrongful deaths that could have been prevented.

Consequences – Consequences for breaking certain laws are considered one of the biggest deterrents from dangerous behavior. This has shown to be true. As consequences become more stringent for DUI in Washington State, the rate of re-offense has decreased considerably. It is not completely known what kind of impact on first offenders the increased consequences has had on first offenses, but studies suggest that an increased number of people consider the legal and social consequences when making decisions to go out drinking and then driving home.

Advertising – The aggressive advertising done by State and Federal agencies has had an impact on the number of deaths on the road from seat belt use to drinking and driving, distracted driving to drowsy driving. However, these behaviors are still rampant amongst less experienced drivers and younger drivers.

GDL – Graduated Driving Laws are meant to give certain milestones based on age that allow new drivers to gain the experience they need to drive at night and with passengers. Unfortunately some very strong studies have come out questioning these laws and saying that they only postpone behavior and may even encourage dangerous behavior amongst teenage drivers. We examine this in the article, “Are Strict Teen Driving Rules Really Protecting Teen Drivers?”

Technology – The car manufacturers have made great strides in creating safety features that they can use to sell their cars. These are purely economically driven. This is proven by the car manufacturer’s historical reluctance and slowness to embrace safety until they found out that it sells cars. Now, they are forming technology that detects other cars, drunk driving, and potential danger before it happens in order to prevent accidents.

Social Mores – Social mores (more-ay-s) are behaviors that are looked down upon by society to such a degree that behaviors displayed by individuals could effect their relationships with peers, coworkers, and family. Some newer social mores that have formed recently include smoking, excessive drinking, and wearing fur. These have begun to extend to DUI, but have yet to be recognized in association with distracted driving and speeding.

Seattle Car Accident Lawyer

There are many strides being made legally to aid in the TSC. By forcing a monetary consequence on individuals and insurance companies, the lack of proper safety on the roads becomes very tangible to both private industry and the public sector. Individuals may be safe drivers, but those who take their own lives in their hands by speeding, DUI, drowsy driving, and distracted driving need to recognize that they are putting everyone around them in danger, not just themselves and their passengers.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Posted in Auto Accidents, car accident, distracted driving, drowsy driving, DUI, speeding, Wrongful Death

How and When Do Bad Habits Effect My Driving?

Car Accident, distracted drivers, distracted driving, distracted driving attorneys, distracted driving lawyers, distractions, puget sound car accident lawyer, Seattle auto accident attorneys

September 27th, 2011: Law Blogger

With disturbing news about Western Washington drivers being some of the worst drivers overall in the country (which is something that we seriously doubt by-the-way, as you can read in our article Why Are Western Washington Drivers Ranked So Low on Safety?), we thought that perhaps it could be due to some bad habits.

Bad habits by drivers are universal and passed down from bad drivers to children-of-bad-drivers as the kids ride around in the back seat and watch their parents yammer away at the phone and eat breakfast while they drive. This is apparent by the fact that many teen drivers start driving with bad habits rather than form them over time.

Now, research is coming out that puts the spotlight on some of those bad habits and show us that they have the potential to cause a serious auto accident.

Bad Habit Research

Kia Motors conducted a survey of 2,000 drivers in the United Kingdom to determine the cause of distractions which increases the motorists’ risk of being involved in an accident. Sure, I know what you’re thinking, “they drive on the wrong side of the road, what do they know?” Well, they have far fewer accidents per capita and still have problems with bad habits, so we can learn something here.

Kia published the results of their survey this week and researchers found that an average of 1.84 distractions per day were experienced, with the most popular cause being cited as the bad behavior from other drivers, and the second being the behavior of other passengers in the vehicle. Two things cited by the National Highway Traffic Safety Administration (NHTSA) here in the US as major causes of car accidents.

It takes confidence to drive distracted, especially when there are others in the car, but those aren’t the only distractions. The poll revealed 24% also revealed that an attractive pedestrian qualified as a distraction. However, that changed when the sun went down, as only 1% admitted to driving confidently with due care after dark.

This means that 99% of motorists surveyed cited a number of factors that only occurred at night. Nearly every driver surveyed felt that they personally experience more hazardous occurrences during dark or low visibility conditions. That speaks volumes about the driving confidence of other road users.

However, it wasn’t just the time of day that was a hazard, the day of the week also factored into the confidence of a driver and when they would engage in bad habits. Kia’s study found that drivers were the most uncomfortable with driving on a Monday. This is  because it marked the start of the working week, yet, it also inspired those surveyed to drive with more caution. They reported being more alert, making it statistically the safest day on the roads. For weekday commutes, Thursdays on the other hand were the most dangerous day of the week, as drivers were more relaxed.

Bad Driving Habits and Car Accidents

In Western Washington, as mentioned above, bad habits may be a potential contributing factor in our horrid national safe diving rating. Laws have been passed to curb cell phone use, texting, and DUI, but as you can see from the chart pulled from a 2009 Seattle traffic study, there are many various causal factors in car accidents in Western Washington.

Some rules you can implement to avoid bad habits are:

Turn Off Cell Phones – Easy to say, but not easy for people to do now-a-days. It seems being connected has become an emotionally driven act that overpowers the practical sense that a person can be disconnected for the hour that they are in the car.

Don’t Key in GPS locations and Drive – It’s just as bad if not worse than texting because of the increased number of prompts and unfamiliar key placement. Also, keying in a location while at a stoplight doesn’t count, even though you are stopped, you are still considered “driving.”

Examine the GPS Route – By taking a few seconds to examine the route and familiarizing yourself with where you are going, even though you are in a new place, it give you less of a chance of paying attention to the GPS than the road, which is far more important.

Passenger Distractions – As you can see, passengers can be the worst distraction. Tell them of their responsibility and if they get out of hand, please pull over.

Pick a Station and Stay With It – Though it is very nice to have a good song or news segment while driving, not all songs have to be perfect for driving. Rather than poking at the radio please keep in mind that most programming is only 3 minutes long or so and that the song or segment will change very soon.

Mobile Cafeteria – Eating on the go is an American phenomenon that has injured and killed many-an-innocent driver. Please eat your drive-through food in the parking lot and beverages should have a straw or spout to avoid spilling. Please do not choose beverages with twist caps or that are too hot.

The Floor is Off Limits – If you drop something on the floor consider it lost to a vortex until the car is in park. Even searching for something on the floor at a stoplight has the chance that your foot could slip, doing it while driving down the road is extremely dangerous, border lining on crazy.

Patience – The number one word for all driving is patience. The motor vehicle is every American’s fastest and most comfortable option to go anywhere until safe jet packs are widely available to consumers. Please be glad you’re not walking and practice patience when on the road.

Seattle Car Accident Lawyer

Distracted driving is a serious problem that could lead to a suspended license and in the event of a personal injury, could potentially lead to a vehicular assault charge if the driver is found to have been driving recklessly. This is far too much of a price to pay for a problem that could be solved with a 5 minute car wash and throwing away a little garbage out of the car. Please keep your views unobstructed and your car maintained.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Posted in Auto Accidents, car accident, distracted driving

How Does The Frye Test Decision Potentially Affect My Personal Injury Case?

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September 21st, 2011: Law Blogger

Victims of auto accidents and medical malpractice in Washington State received some very exciting news this month regarding their personal injury cases. There have been some people who have been waiting a very long time for the Frye Test (or Frye Standards) in Washington State to catch up with the rest of the country and finally this month their hopes have come to fruition.

This decision will help all those patients who have some ailments or causal symptoms that are harder to prove than others such as a form of chronic pain called fibromyalgia, some birth defects, and other illnesses that may have problems being proven in court without the aid of expert testimony that, like the illnesses themselves, may not coincide with established general knowledge.

What is the Frye Test?

The Frye test refers to a standard for admitting scientific evidence at trial. It derives from a case dating way back to 1923 , U.S. v. Frye, 293 F. 1013 (D.C. Cir. 1923). This 88 year old ruling was actually the result of a criminal case, not a civil case, where the defendant offered the results of a lie detector test that he claimed demonstrated that he was telling the truth when he denied killing the victim.

In the Frye case, the court ruled that the evidence was inadmissible because the scientific principles upon which the procedure was based were not “sufficiently established to have gained general acceptance in the particular field in which it belongs.”

This became known as the Frye general acceptance test and remained the standard used in both federal courts and state courts around the country for many years. This is not the case that rendered the polygraph and other forms of lie detector inadmissible, instead it hampered the use of new scientific innovation as evidence. Rather, it was specific to science. The court said:

“Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting experimental testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.”

The ruling was further defined and strengthened in 1976, to what some refer to as the Kelly/Frye test. This is due to a California case, People v. Kelly, 549 P.2d 1240 (Cal. 1976), in which the Supreme Court of California laid out what it felt were the main advantages of the Frye standard. California is one of the states that has since ruled against its former ruling.

Washington on the other hand stayed with it until this month.

The Frye Test and Personal Injury Cases

In the unanimous decision by the Washington State Supreme Court, the justices ruled that medical testimony will be allowed so long as the methods experts use to reach their conclusions are scientifically sound. The experts’ conclusions, the court continued, can be presented whether or not there’s a scientific consensus supporting them.

Instead of taking disputed or unproven expert opinions to a judge, attorneys and their experts will be arguing in front of jurors. This does not sit well with insurance companies, pharmaceutical companies, hospitals, and other large institutions that generally face these types of lawsuits due to possible negligence.

You see, in civil cases there are some catches to the Frye Test that fall on the side of defendant (the company) rather than the plaintiff (the victim). Let’s say it’s a pharmaceutical company that has issued a new drug. The company uses new scientific findings to discover the drug, test it, and take it to market, however, under the Frye Test the victims of side effects may not be able to utilize those same scientific principles as the were used to discover and perfect the drug in the first place.

Another two examples of this were cited in a story written by the Post Intelligencer regarding the issue. The first was of Julie Anderson and her son Dalton who was born with a serious birth defect. She claimed it was due to a specific chemical that she inhaled at her work while she was pregnant with Dalton. Though she has experts who will connect the chemical with the birth defect, before this ruling the company and their insurance company used the Frye Test to bar the expert testimony. It was her case that changed the ruling this month.

The PI also cited a car accident victim who, after the accident and recovery from personal injuries, found she was crippled by fibromyalgia, an ailment that causes chronic pain and fatigue causing the sufferer to be unable to retain full gainful employment and enjoy a standard quality of life. Many sufferers of fibromyalgia in Washington State have had problems with receiving proper compensation for the full scope of their injuries due to the Frye Test. Perhaps now that will change.

Puget Sound Personal Injury Attorney

Some personal injury lawsuits can be long emotional processes that can draw out further than many victims are willing or able to endure. The process can cause them to settle too early or not get their day in court due to rules that, up until now, had barred them from presenting the full breadth of their case.

In a civil case like a personal injury lawsuit, it is up to the plaintiff to prove that it was the negligence of the defendant that caused their personal injury. This is very hard to do without the aid of expert testimony. Now that new ideas can be presented by professionals using established scientific method, perhaps victims can finally get the justice they deserve.

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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Posted in Back Injury, Brain Injury, Burn Injury, Head Injury, Medical Injury, personal injury, Spinal Cord Injury, Wrongful Death

Why Are Western Washington Drivers Ranked So Low on Safety?

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September 2nd, 2011: Law Blogger

All State Insurance does this every year; release a study on what drivers from what area are the worst drivers around the country. Though the Puget Sound area ranks high in so many great categories, livability, schools, median income, health, we always seem to come out abysmally low when it comes to how many car accidents we get into.

In fact, last year the Tacoma, Seattle, Bellevue, and Everett corridor was perhaps one of the most dangerous in the country with an average ranking of 133 out of the 193 total cities surveyed. This kind of grouping of dangerous drivers thrusts it far out of the middle of the road category the number may convey. And this year the situation just got worse…way worse.

This year, for 2010, Tacoma dropped to rank 141, Bellevue dropped to 145th, and Seattle sank the deepest dropping from 128th in 2009 to 147th. That means drivers in Seattle should expect to get into an accident causing property damage resulting in a claim every 8 years. A 20-point drop is significant due to the fact that it shaves months to years off of the time between accidents and could be indicative of a larger problem. Does it mean that we all went from horrid drivers to completely inept drivers over a single year’s span? Is it even fair to say that it is the driver’s fault rather than looking at other factors? Let’s review.

Why Are Seattle Area Drivers Considered Some of the Worst?

To answer a question from above right off the bat, it is impossible for a population in the millions to collectively become worse drivers all at once in a relatively short period of time. If this is the case, then there must be a mechanism that triggered this collective behavior. Making the sweeping statement that Puget Sound drivers are worse drivers than others around the country is misguided and serious lack of forethought on All State and the local media’s part.

We are all essentially trained under the same standard set of rules so that there are general norms as drivers cross state lines. We all buy the same cars. We all have generally the same education, in fact, the Puget Sound area is considered the highest educated area in the country, so intelligence isn’t a factor. If you examine the data, you notice that lower populated areas rank higher than higher populated areas, as well as areas with more drivers than the availability of mass transit. But that still doesn’t answer the question as to what makes the prevalence of car accidents in the Puget Sound so high. What could it be?

Traffic - According to the National Highway Traffic Safety Administration (NHTSA) one of the biggest causes of car accidents is traffic. Density of traffic at low speeds yield fender benders and rarely result in a personal injury. High density traffic a high speeds, on the other hand, create many multiple car accidents, which is pretty common. This density is not completely the fault of those getting in their cars and trying to live their lives. The issue of traffic flow and density falls strictly on the shoulders of those who designed and keep on designing the Puget Sound highway system. There has been an unsubstantiated rumor circulating for decades now that Seattle’s traffic woes were deliberate. Designed for only a certain capacity, causing such a problem that it would force people out of their cars. This has worked to some extent, causing thousands to start commuting on their bikes and making the Puget Sound one of the top biking areas in the nation…and also one of the most dangerous places to bike. If mass injury and death was the city planner’s intent, it was a job well done. We doubt it though. Bad planning, yes, deliberate, no. Unfortunately not much has been done to remedy it. If this is the cause of making drivers worse drivers, is it the driver’s fault? No.

Weather – We had a terrible winter in 2010 and even though there was a new mayor and plows-galore on-call 24/7, Interstate 5 still looked like a used car lot for a few days. These changes in the weather have been dubbed by the national media as the “New Norm.” Does that mean that the people of Seattle need to endure inadequate preparedness and resources by the local government as the “new norm” also? Because an un-groomed snowy road makes anyone a bad driver…even insurance adjustors trying to get to their jobs at All State.

Sports – If you read this blog often then you may recall that one of the biggest causes of accidents (particularly DUI accidents) in Washington State is people driving to and from sporting events. There is no denying that Seattle is a sports town since we tout some of the best attendance for both our local professional soccer team the Sounders and our football team the Seahawks. You add two brand new stadiums to the mix both originating in the same area and suddenly it becomes a cluster of trouble. Does this make us bad drivers? Density and traffic flow, no, but drinking, yes.

Road Work – Road work and bridge closures are a normal way of life in the Puget Sound. If it’s not one major arterial like the Mercer mess, it’s the 520 Bridge. Either way, look out, because the Viaduct is coming down. There’s no avoiding it now after this most recent vote. Take the density of the Viaduct and thrust it onto surface streets for years on end and see what that does to our numbers.

Value of vehicles – All State is an insurance company, so it is understandable that they would take a very money-centric view towards their research. It is based on the number of claims and the value of property damage. Well, Seattle touts the largest population of millionaires in the country. Since the Seattle area has a high number of people who drive very nice cars and have a higher population of people who can actually afford insurance on their cars, there are more claims. More claims means a worse ranking. So could this be a case of All State chastising it’s best customers for actually using the service that they pay for? This is all a matter of speculation, but if it weren’t, then that would really be pathetic.

Transit – The answer to traffic density is transit. That’s why local transit routes and budgets are being cut, in order to get people out of their cars and keep them safer. Oh wait, that just made no sense. Apparently in 2016 the area will have a subway. Until then, perhaps city officials can strive for the bottom of the list.

Seattle Car Accident Lawyer

We may sound a little mad about this ranking and our area perpetually showing up at the bottom of the list. We are. We are advocates of safer driving, higher standards, and stricter drunk driving penalties. We want to see Puget Sound area at the top of the list. We just hope that the local planners and law makers are as dedicated as we are.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Is Driving While Talking On A Hands Free Device Safer?

Car Accident, distracted drivers, distracted driving, distracted driving attorneys, distracted driving lawyers, distractions, puget sound car accident lawyer, Seattle auto accident attorneys

July 15th, 2011: Law Blogger

Distracted Driving LawyerFor a year now the residents of Washington State have been getting used to the law banning hand held cell phone use and texting in while driving. What began as a suggestive $124 ticket for people if accompanied by another infraction has become (at times) a primary offense, particularly if the driver is displaying clear signs of distracted driving.

Those signs of distracted driving include swerving within the person’s lane, not using a turn signal, long sweeping turns, confused driving, sudden slowing or stopping, or ignoring traffic signals. Do some of these behaviors sound familiar? They are also on the long list of signs that a person is driving drunk.

Though passengers remain the top reason for distracted driving accidents according the to National Highway Traffic Safety Administration (NHTSA), cell phone use while driving have also shown to seriously impair a person’s ability to drive, not just by taking one of their hands away from the steering wheel and blocking one side of their peripheral vision, but also seriously impairing their reaction time, whether they are using a hands free device or not.

GHSA Study

Governor Christine Gregoir has made Washington State one of the most active members of the Governors Highway Safety Association (GHSA) in the country, an organization that has shown a lot of dedication to curbing distracted driving and texting. Just this month they came out with a study involving researchers pouring through the data compiled in 350 scientific papers on the subject of distracted driving.

Researchers concluded that drivers are distracted from the primary task of piloting their vehicle by one thing or another up to half the time and that using a cell phone at all raises the chances that a driver will cause an accident. Sending text messages, or texting while driving is even riskier than using a phone to make calls while driving. The GHSA estimates that distractions account for between 15% and 25% of all crashes, which range from minor fender-benders to accidents involving fatalities.

“Despite all that has been written about driver distraction, there is still a lot that we do not know,” said GHSA Executive Director Barbara Harsha, who oversaw the report’s development. “Much of the research is incomplete or contradictory. Clearly, more studies need to be done addressing both the scope of the problem and how to effectively address it.”

The report outlines the following certainties:

  • Distractions affect driving performance.
  • Drivers frequently are distracted, perhaps as much as half the time.
  • Drivers adapt to some extent: they pay more attention to driving and reduce their distracting activities in more risky driving situations.
  • Distractions are estimated to be associated with 15 to 25 percent of crashes at all levels from minor property damage to fatal injury.
  • Texting likely increases crash risk more than cell phone use.
  • Cell phone use increases crash risk.

Distracted Driving Laws

Distracted Driving AttorneyThe study has prompted the GHSA and the NHTSA to urge states to adopt more strict “no cell phone use laws.” None, including legislators in Washington State, have seriously considered the notion. One of the main reasons for this is that the Highway Loss Data Institute (HLDI) came out with a study last year that found no reductions in crashes after hand-held phone bans take effect.

As part of the privately run Insurance Institute of Highways Safety (IIHS) they compared insurance claims for crash damage in 4 US jurisdictions before and after such bans. Overall, the researchers found steady claim rates compared with nearby jurisdictions without such bans.

They also calculated monthly collision claims per 100 insured vehicle years (a vehicle year is 1 car insured for 1 year, 2 insured for 6 months each, etc.) for vehicles up to 3 years old during the months immediately before and after hand-held phone use was banned while driving in New York (Nov. 2001), the District of Columbia (July 2004), Connecticut (Oct. 2005), and California (July 2008). Comparable data were collected for nearby jurisdictions without such bans.

Month-to-month fluctuations in rates of collision claims in jurisdictions with bans didn’t change from before to after the laws were enacted. Nor did the patterns change in comparison with trends in jurisdictions that didn’t have such laws.

“The laws aren’t reducing crashes, even though we know that such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk,” says Adrian Lund, president of both the Insurance Institute for Highway Safety and HLDI.

The HLDI database doesn’t identify drivers using cell phones when their crashes occur. However, reductions in observed phone use following bans are so substantial and estimated effects of phone use on crash risk are so large that reductions in aggregate crashes would be expected.

“So the new findings don’t match what we already know about the risk of phoning and texting while driving,” Lund points out. “If crash risk increases with phone use and fewer drivers use phones where it’s illegal to do so, we would expect to see a decrease in crashes. But we aren’t seeing it. Nor do we see collision claim increases before the phone bans took effect.”

Lund points to factors that might be eroding the effects of hand-held phone bans on crashes. One is that drivers in jurisdictions with such bans may be switching to hands-free phones because no US state currently bans all drivers from using such phones. In this case crashes wouldn’t go down because the risk is about the same, regardless of whether the phones are hand-held or hands-free.

“Whatever the reason, the key finding is that crashes aren’t going down where hand-held phone use has been banned,” Lund points out. “This finding doesn’t auger well for any safety payoff from all the new laws that ban phone use and texting while driving.”

Puget Sound Auto Accident Lawyer

Though there is a lapse in data showing a causal connection between the distracted driving laws and fewer crashes, that does not mean that driving distracted has no effect on the way you drive. Also, this does not cover the wide array of experience levels that have also been linked to the cause of serious accidents making a stop to cell phone use amongst teenage drivers especially important.

If you or someone you know has suffered a serious personal injury after getting into a car accident with a distracted driver, then you need skilled legal council to represent you to assure that you get the compensation you deserve. Call the Seattle car accident lawyers at Phillips Webster for a free consultation.

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Are There Times When Car Accidents Can Be Reasonably Predicted?

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July 11th, 2011: Law Blogger

Dangerous DrivingDriving in Washington State has the normal dangers that any other state. In fact, it may have more due to some severely changing climates. Drivers can find it blowing gale force winds along the coast, raining along the sound, snowing in the mountains, and scorching in Eastern Washington all in the same drive.

These hazards can simply be predicted by watching the weather forecasts or getting regular updates on your onboard computer system. Being prepared is a whole different issue. But what about the times that seem to work like clockwork and statistically can be predicted?

There are times when, by their response, it seems that law enforcement knew that an accident happened even before it happened. That requires being at the right place at the right time. How do they do that? Well, crystal balls and tarot cards are not involved, and neither are throwing chicken bone. It is simply solid statics and math as you’ll see by some of these odd times for accidents below.

Payday

William Evans, an economist from the University of Notre Dame published an interesting study recently that yielded some interesting results. He monitored four major demographic groups:

  • Seniors receiving regular Social Security checks
  • Military personnel
  • Recipients of tax rebate checks
  • Recipients of Alaska’s Permanent Fund dividends

Evans and his team found that mortality rates significantly increased the week after checks showed up in their mailboxes. Though there were many different causes of death, the three that displayed the largest increases were substance abuse, car accidents and heart attacks.

“After getting paid, people are just more active — they go out to dinner, head to the store, drive more, go to bars, etc.,” said Evans told MSNBC. “Some of this behavior is inherently risky, like drinking too much or driving drunk. Some of the activity will naturally increase risk — if you drive more, the risk of being in a car accident has increased.”

Commuting

The Insurance Institute of Highway Safety (IIHS) does some of the most in depth data analysis of any other non-government organization in the United States. In a study conducted last year, they found that an average 6.6 people are killed between the hours of 5 pm and 6 pm every weekday across the United States. In addition, another 6.6 people are killed between the hours of 6 pm and 7 pm

In 2007, 14,055 people were killed between 5 pm and 6 pm. This makes commuting one of the most dangerous activities drivers can do. Of course there is a factor that must be factored in and that is the sheer volume of cars on the road, thus making the commute much more dangerous, but not the only fatal time to be on the road.

Between Midnight and 4 am

Drinking and driving is a major concern for federal and local officials alike. There have been multiple debates all over the country regarding when bars close. Mike McGinn, the mayor of Seattle proposed that closing times for bars be stuttered in order to control the number of drivers on the road at once. The proposal welcomed mixed and skeptical reviews as major cities such as New York, NY, and Charlotte, NC, phase out their liberal policies of allowing bars to be open all night.

The reason for Mayor McGinn’s reconsideration of current policy is that, according to the American Automobile Association (AAA), the hours between midnight and 4 am have the highest number of fatalities when calculated as a percentage of the amount of people on the road. During that time, statistically speaking, 5.87 per 100 million people on the road will be killed. This, they believe, is directly related to driving under the influence (DUI).

Spring Runoff

In the state of Washington, the winter can seem moderate. There is rain in Seattle and it can be constant. That doesn’t always result in snow in the mountains, but often does. Though this is great for skiers, when spring comes and the skiers have moved on to watching Henry Miller films to quell their need for speed, the melt comes.

Years like 2011 are few, but according to climatologists, are expected to become far more prevalent as global warming continues. This means sudden washouts of roads with little warning. Cars being washed away or buried is somewhat rare, but being caught in a flood situation is easy and something that can happen to anyone.

May through August

Teen traffic deaths in Washington State, as with the rest of the country, are on the decline, but teens are still the group that is most prone to dying in a car accident. This is due to the fact that they are more prone to speeding, distracted driving, and drinking and driving. With this information in hand, AAA conducted a study and found that 7 of the top 10 deadliest days of the year for teen drivers and passengers nationwide fall between May and August. These days often fall upon predictable milestones, such as May with the Prom drinking season or June is dangerous because of graduation. Five of the other days in the summer: July 2, 4, 9, 15 and 23.

AAA reports that more than 7,300 teens died in auto accidents between the Memorial Day and Labor Day holidays from 2005 to 2009. Throughout Washington state, 105 teens died in traffic accidents between the Memorial Day and Labor Day holidays in that five-year span, accounting for 34% of teen traffic deaths in the state for those years.

Holidays

It doesn’t matter what organization or statistical chart you examine, you will get the same conclusion; more accidents happen during national holidays than any other days of the year in the United States. People drink more, are more depressed, experience more stress, and often have more people in their car (the leading cause of distracted driving accidents). All of these factors lead to a perfect storm of car accidents. If you must get into a car during the holidays, be it summer or winter, please be careful.

Seattle Car Accident Lawyer

Sociologists and psychologists will tell you that most human behavior is pretty predictable. The reason is that we all seem to have fairly similar motivations and expectations across many demographics, genders, and age groups. Though further studies may show some differences, since the study of groups began in the late 19th century, it has shown that the triggers for certain behaviors are also similar as you can see above. The trick to not falling into these behavioral trends is to be aware that they occur and self modifying.

If you or someone you know has suffered a serious personal injury after getting into a car accident with a distracted driver, then you need skilled legal council to represent you to assure that you get the compensation you deserve. Call the Seattle car accident lawyers at Phillips Webster for a free consultation.

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What Do I Need To Know About Driving A Convertible?

Car accidents, convertible accidents, convertibles, deafness, hearing loss, Seattle auto accident attorneys, Seattle Car Accident Lawyers

June 15th, 2011: Law Blogger

Convertible SafetyIt’s finally summer time in Washington State and that means for a week (probably landing sometime at the end of July) we’ll have an opportunity to drive our convertibles without the threat of rain or having to dress up for cold weather. Heck, we might even be able to wear shorts!

As you take the top down and drive like a bat who decided to drive a convertible, there are some things you need to know about driving topless (pun intended). The first thing is that, you were right, convertibles are very cool. The second thing is that the chances of bird attack are very low and you never have to worry about a bee being trapped in the car.

That being said, it sounds just wonderful to be a convertible owner doesn’t it? Well, not to rain on your leather seats, but there are some drawbacks, and one of those is rain on your leather seats. But there is also a very serious health concern that has been brought to light recently and that is the chance of deafness.

Deafness and Convertibles

According to a study conducted by the Saint Louis University School of Medicine and The Ear Institute of Texas, and recently published in the Journal of Laryngology and Otology, driving a convertible with the top down at speeds of over 55 mph can put drivers at risk for noise-induced hearing loss.

The study was conducted using five different vehicles:

  • 2009 Saturn Sky 2.0 Turbo
  • 2004 Nissan 350Z
  • 2001 Porsche 911 C4
  • 2005 Saab Aero Convertible
  • 2005 Ford Mustang GT Convertible

The sound level measurements in 80% of the cars, when driven at 55 mph with the top down, were all greater than 85 decibels (db). Believe it or not, but that is the maximum noise level the Occupational Safety and Health Administration (OSHA) recommended in such industrial workplaces as assembly plants, stamping plants, and steel mills. Sister organization National Institute of Occupational Safety and Health (part of the CDC) suggests that prolonged exposure may have serious consequences.

Seattle personal injury lawyerThe study was conducted using a sound level meter. A driver drove in different conditions at different speeds as a passenger recorded data. The meter was used to record a series of 8 to 10 sound level measurements at various points along the car’s journey. The meter sensor was actually placed near the driver’s left ear. So not to sully  that data, the radio was turned off, and there was no conversation between the driver and the passenger during the study. Also, the air conditioning was turned off, the car horn was not used and there was no rain or other inclement weather to contribute more noise.

The Saturn Sky 2.0 Turbo had the loudest mean noise values of any car tested at any given speed, producing 98.7 dB when driven at 75 mph with the top down. The Nissan 350Z produced the overall maximum reading: 104 dB when driven at 75 mph with the top down. The Ford Mustang GT Convertible fared better, with a loudest mean noise exposure of 84.7 dB and a maximum value of 88.6 dB, both measured at 75 mph. The Saab Aero Convertible was the quietest car, with a mean noise level of 71.2 dB when driven both at 55 and 65 mph.

But it’s not fair to test a car under just one condition, so they also tested the cars with the convertible tops up. No damaging or excessive noise levels were recorded when the cars were tested with the top up, though the Porsche 911 C4 came close, as it was the noisiest car with the top up, producing 77.8 dB when driven at 75 mph.

Another big concern for the researchers is the study, though they didn’t test it, was usic levels. Convertible drivers will also be exposed to additional noise when listening to music. With the top down, the music volume levels required while driving at the above speeds will add significantly to the noise exposure level.

“Although driving for short distances under such levels of noise exposure is unlikely to cause a significant degree of noise-induced hearing loss, our study demonstrates that long duration driving at high speeds with the convertible top open will increase the driver’s risk of hearing damage,” summarized Dr. A A Mikulec, from the Saint Louis University School of Medicine, who oversaw the study. “In light of the results of this study, we are recommending that drivers be advised to drive with the top closed when travelling for extended periods of time at speeds exceeding 85.3 kmph (53 mph).”

Tips to Driving A Convertible

Beyond the danger of hearing loss, the ever-so-slight danger of bird attack, and your sudden increased viewership of the Weather Channel, there are some other things that you need to be aware of as a convertible owner. Who else to help you with this knowledge than the manufacturers themselves, so we went to the Audi and Porsche websites to get some tips, and here’s what we found.

Strap In – The manufacturers say that there is a very real threat of actually falling out of a convertible in the event of an accident. If the occupants of the car are not wearing seat belts, they could be thrown a far distance and suffer serious personal injuries, even death. Buckle up when driving in your convertible.

Debris – Sure, driving a convertible happens when its sunny, thus necessitates wearing sunglasses, plus it adds to the overall cool factor. But the manufacturers recommend eye gear such as sunglasses to help protect drivers and passenger’s eyes from not only the sun, but also from bugs, dirt, debris and anything else that might be in the air. Is there any other car on the road where coolness is required? I think not.

Pets – Pets are much more likely to take a dangerous tumble out of a moving convertible than humans. Some owners secure their dog’s leash to a seat belt, but manufacturers recommend that you invest in a portable pet carrier to keep your pet safe during trips.

No Loose Stuff Inside – It seems obvious, but every convertible owner forgets at least once and hopefully, once is all it takes. The wind can whip the interior of the car into a frenzy. Add a unpredictable cross wind and loose papers, garbage, food and even articles of clothing can fly out even if they are placed on the floor. Check for debris in the car before you drive and make sure anything your passenger is holding is also secure.

Be Prepared – A considerate convertible owner knows to keep an extra pair of everything in the glove compartment or under the seat, including sunscreen and protective lip balm, to help their passengers enjoy the ride too.

Put the Top Up When You Park – The obvious hazard here is birds using your car as their personal latrine, but there are other factors. Theft is one. Another involves the increasing trend of parking vouchers that you put on your window. In Seattle, there are no meters, but kiosks where you get a ticket to stick to your window. Those are easily stolen, beware.

Novelty Factor – Manufacturers say that convertibles may inspire passengers to engage in behavior they may not in other vehicles. Excessive movement can lead to accidents such as standing, changing seats or leaning into the back seat from the front is common. Remember, as the driver, you could be liable for the to the personal injury or death of a friend in your car.

Washington Auto Accident Lawyers

If you or a loved one suffers from hearing loss due to a convertible and were not informed of the danger then you may be entitiled to compensation. To do this you will need skilled council that can walk you through the insurance, medical, and legal process to ensure that you receive the compensation you deserve. Call the Seattle car accident attorneys at Phillips Webster.

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