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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 ‘Seattle Car Accident Lawyers’

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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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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Do I Have A Black Box EDR On My Car?

accident evidence, accident reconstruction, auto accident attorneys, auto accident lawyer, black box, EDR, Seattle Car Accident Attorneys, Seattle Car Accident Lawyers

January 23rd, 2012: Law Blogger

Accident investigation is a science. They use a ton of different tools including measuring ribbon, markers, and witnesses, as well as read wreckage and debris like a fortune teller reads tea leaves. But they are about to get a whole new tool in the form of a little black box.

You’ve probably heard of them being on airplanes, trains, and charter buses, but Electronic Data Recorders (EDRs) also occupy many other commercial vehicles and even some newer consumer vehicles. However, the black box data on many consumer vehicles has been considered proprietary to the car manufacturers and thus, not commonly used as evidence in determining fault, yet, that may soon change.

Legislation and Recalls

Government officials are now in the process of getting through rules that would require every new car sold in the U.S. include a ‘black box’ data recording devices similar to those used on buses and trucks now. The idea was endorsed this week by the U.S. National Research Council, following the closing of National Highway Traffic Safety Administration (NHTSA) closing of the 2010-2011 investigation of sudden acceleration problems in Toyota vehicles.

In 2010, Toyota conducted the world’s largest automotive recall, pulling nearly 10 million Toyota and Lexus vehicles from countries around the world. The car manufacturer insists that the problem was caused by gas pedals getting stuck under floor mats, which forced the car surge forward for miles as the drivers unsuccessfully attempted to brake and shift out of gear to no avail until the car finally decided to stop or they ran into a large object.

Many believe that the problem could have been rooted in errant electronic throttle control systems. In one of first cases, in Washington State, the parents of a young man who died from what was ruled as speeding, worked with Toyota, through their attorney, to obtain and examine data from the black box in his truck. Though Toyota vehemently resisted, they finally provided them with 5 seconds leading up to the crash showing that their son did not or was unable to brake before the accident.

The National Research Council (NRC) concluded that the safety agency was right to close its investigation after the NHTSA (assisted by NASA) was unable to find an electronic cause (or otherwise) of the Toyota sudden acceleration defect. However, the NRC suggested that the NHTSA must become more familiar with today’s sophisticated automotive electronics.

“Failures associated with electronics systems—including those related to software programming, dual and intermittent electronics hardware faults, and electromagnetic disturbances — may not leave physical evidence to aid investigations into observed or reported unsafe vehicle behaviors,” said the National Research Council.

A New Standard

The NHTSA has been working on a standardized system for recording data nearly a decade now. In 2004, the Institute of Electrical and Electronics Engineers (IEEE) came out with its first EDR, the IEEE 1616, which showed that it could be produced. In 2010, the organization rolled out their second generation of that model, the IEEE 1616a, and it looks as if that is quickly gaining favor with upper officials and may become the standard amongst the whole vehicle industry for cars driven in the United States.

The engineering group says that the IEEE 1616a aims to preserve the data quality and integrity needed to meet federal collection standards, while protecting consumers’ privacy. Built on more than a decade of MVEDR research and development by organizations including federal agencies, industry trade associations, and global automotive, truck, and bus manufacturers.

New safeguards on the IEEE 1616a are:

  • Data tampering – modification, removal, erasure, or otherwise rendering inoperative of any device or element, including MVEDRs;
  • VIN theft – duplication and transfer of unique VIN numbers, a process known as “VIN cloning”, enabling stolen cars to be passed off as non-stolen;
  • Odometer fraud – rolling back of vehicle odometers, resulting in the appearance of lower mileage values; and
  • Privacy – prevention of the misuse of collected data for vehicle owners.

“According to the World Health Organization, someone dies in a motor vehicle crash once every minute, and road crash fatalities have claimed 30 million lives globally since 1896,” said Tom Kowalick, Chair of the IEEE P1616a Working Group. “As millions of drivers today face ongoing automotive recalls for electrical and onboard computer issues, [EDRs] are playing an increasingly critical role in the analysis of the scientific data collected from these vehicles.”

Personal Injury and Black Boxes

In a personal injury case, as mentioned above, the accident investigation is extremely important. The reason for this is, in order to seek personal injury compensation there must be some record of negligence. Driving under the influence (DUI) is traceable through breathalyzer, field sobriety tests, and blood tests, however, other reckless behaviors such as speeding, tailgating, erratic driving, or distraction may need witnesses or only be told by skid marks.

With an EDR, the speed of the vehicle, braking, and immediate electrical history can help determine the cause of the crash and in turn, the person who caused it. This will go a long way in helping determine and expedite your settlement. Certainly, this information could at times work against the victim, as can any data, however, we are confident that the new rules will help get victims the justice and compensation they deserve.

Seattle Car Accident Lawyers

Phillips Webster has helped thousands of Washington residents and their families get the compensation they deserve after a serious car accident. If you or someone you know gets injured in a car accident you need an experienced representative 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 With A Cold As Bad As Drunk Driving?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 17th, 2012: Law Blogger

It is cold season and with all of these people walking around the streets or sitting at their desks sneezing and coughing and downing shots of Dayquil like it’s Jagermeister at a frat party, it’s no wonder that they may have some trouble getting home and sometimes get into auto accidents.

And if a person is sick and single, or at least left to fend for themselves at home while their spouse or significant other is at work, it seems that driving is required to get to the store in order to get some (any) relief…and ice cream. Walking long distances when you barely have the energy to lift your head seems overwhelming, but getting to the car is just as hard.

However, now science has stepped forward and proven that driving with a heavy cold can affect ability to the same extent as drinking more than four double whiskies. Wow, now that IS a frat party!

Driving With A Cold

Could the most dangerous people on the road potentially be totally sober, if not for the bacteria that’s trying it’s hardest to consume them? Safety experts suggest the answer could be “yes.”

British Insurance company Young Marmalade, which carried out the research jointly with UK car and bike accessory manufactuerer, Halfords, say that they have found a dramatic increase in poor driving when cold sufferers were subjected to scientific tests.

Researchers say that driver’s reaction times dropped sharply when they had severe cold symptoms, sudden braking became much more frequent and cornering became erratic as the test subjects were found to be less aware of what was around them.

The research team used what is called a “telematic” box, which records drivers’ speed, braking, and cornering, just like the little black box one might find on an airplane. After a thorough examination of the data, researchers found that a participant who had an “excellent” driving rating of 95% when healthy dropped to 60% when suffering from a cold.

Based on a common UK rating system, a person at 60% should expect to be involved in an accident and may be deemed uninsurable by normal insurance companies. It inspired Young Marmalade to issue a warning for motorists not to drive with heavy colds or flu.

“We would advise a commonsense approach. A heavy cold can impair a driver’s mood, concentration and judgment, if you don’t feel well don’t drive,” they said.

Cardiff University Common Cold Unit in South Wales has also come out with similar conclusions from research they conducted in 2011 involving cold and flu sufferers. They found that their subjects had poor reaction times and alertness, putting them at risk of being involved in an serious car accident.

Symptoms of Bad Driving

Though it is almost impossible to truly gauge statistically, insurance companies suspect sick drivers are responsible for thousands of accidents every year. Police warn that drivers getting behind the wheel while suffering a heavy cold could potentially be putting other drivers at risk and could be found to be driving under the influence (DUI) if they’ve been found to have consumed too much over the counter medicines with alcohol in them. However, they also warn that flus and colds can lead to dangerous, even reckless, behavior.

“Sneezing can be very violent, especially with a severe cold and causes the sufferer to close their eyes temporarily,” said Pc Steve Rounds, of the Central Motorway Police Group.

Symptoms that should make you reconsider driving:

Fever (100º F or greater) – Fevers can cause lightheadedness and confusion and have even been known to cause hallucinations if they are greater than 104º. Every flu is accompanied a temperature, but if it exceeds 100º do not operate a vehicle.

Headache – A mild headache and operating a vehicle can be fine, but a flu headache resembles that of a migraine. Light and sound are abrasive and painful causing the sufferer to close their eyes and beg for quiet and darkness. Flu headaches can cause blurred vision, excessive blinking, confusion, and severe shooting pain. You should not drive with those symptoms.

Muscle aches – These are irritating, but driving with them is not a potential cause of a car accident unless pain medication is taken (see below).

Chills – This is a sign of a fever and should prompt the sufferer to stay in bed.

Extreme tiredness – This is a very bad symptom to be driving on. Drowsy driving causes thousands of car accidents and thousands of deaths and injuries every year as tired drivers drift into oncoming lanes and off of roads.

Coughing or Sneezing – A hacking cough or excessive sneezing can cause the driver to take their hand temporarily off of the wheel and may cause them to close their eyes. This can be a problem when accidents can happen in a split second.

Runny nose – This symptom is just irritating and gross, but doesn’t really contribute to accidents. But driving with one hand while the other is occupied with a tissue only adds to the over dangerousness of driving with a cold.

Seattle Car Accident Attorney

Washington law is very specific about its reckless driving laws, including such things as tailgating, speeding, and driving erratically. Though it may be found that sick drivers are not under the influence of cough syrup or other cold and flu drugs, if they get into a car accident they could potentially be found negligent reckless driving by driving erratically.

If you or someone you know has been injured in a car accident in the state of Washington, you need an experienced representative to assure you receive the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.
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Are Drunk Drivers Aware Of Their Dangerous Behavior?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 5th, 2012: Law Blogger

New Years Eve has passed and slowly the tally of drunk drivers caught over that notorious night and the DUI heavy holiday season come in from local and state law enforcement agencies. So far, the tally looks pretty normal with some municipalities showing an increase and some a decrease. But what they don’t seem to tally are the excuses.

When some people make a mistake, they like to blame the alcohol. “I was drunk!” they might say, but this is seldom an excuse used by drunk drivers for obvious reasons. So how do they explain away their behavior? Well, who knows or cares, because as new research shows, there are no good excuses when it comes to DUI, because the drivers are fully aware of what they’re doing.

That’s right, DUI drivers can now give a laundry list of excuses, but that won’t eliminate the fact that they were completely aware that they had been drinking and were then getting into a car and that is not only a mistake, but illegal.

DUI Awareness Study

The new study called Alcohol Effects on Performance Monitoring and Adjustment: Affect Modulation and Impairment of Evaluative Cognitive Control, can be seen in the upcoming edition of the Journal of Abnormal Psychology and was paid for by the The National Institute on Alcohol Abuse and Alcoholism and the University of Missouri Research Board.

The study took brain tests of 67 people and showed that alcohol dulls a mechanism in the brain that tells an individual to stop their behavior when they realize they’re making mistakes. Essentially, the study shows that people who commit blunders while under the influence of alcohol know they’re doing it; they just don’t care.

“This isn’t the first study that shows alcohol alters the behavior of those who consume it, but it’s the first to show they don’t care that they’re making mistakes,” said Bartholow, associate professor of psychology at the University of Missouri-Columbia and lead researcher.

The implications of this study is that people who put the public in danger by drinking and getting behind the wheel can’t blame it on not having control because they are fully aware of their behavior, the potential for serious car accidents.

The study group derived of people between the ages of 21 and 35 that were broken into three groups:

Group A – One-third of the participants received drinks with enough alcohol to raise their blood levels to just under the legal driving limit of .08 blood alcohol content (BAC). Researchers noted that all participants in the control group got the same amount and they didn’t measure if the effect was gradual.

Group B – Another third of the participants received non-alcoholic placebo drinks, however they didn’t know if the drinks contained alcohol or not.

Group C - A third received drinks they knew contained no alcohol.

Each group was then assigned tasks designed to elicit mistakes. Researchers used devices on the participants to measure brain activity as the subjects took the tests. Medical technology exists to measure brain activity for impulse control, emotion, mood and other functions. With these devices they recorded results as they observed various factors in participants behavior during the tests such as

  • Mood and demeanor
  • Accuracy in computer tasks
  • Perception of accuracy in the tasks

Though this was a computerized test and not a driving simulator, the moral and reactionary tests were similar. When the mechanism is working, researchers observed that the participants that didn’t ingest alcohol slow down and either tried not to make the mistake again, or they take corrective action. However, the control group that had alcohol was observed to be more likely to disregard the moral stop sign, even though they knew what they were doing.

It became apparent that non-drinkers had normal activity in the part of the brain that regulated recognizing mistakes, whereas drinkers had less activity.

“Normally, someone who makes mistakes is aware and makes an effort not to make that mistake again,” Bartholow said. “Drinkers made less of an effort or simply moved past their errors even though they knew they’d made errors.”

The dulling of the brain’s mistake alarm only occurred among people who had alcoholic beverages, he said, and added that using alcohol doesn’t allow someone to escape culpability.

Drinking and Driving In Washington State

Washington State DUI laws, like most laws around the world, prohibit the operation of a motor vehicle by a driver not only under the influence of alcohol, but also under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.

The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.

The DUI limits translate as such:

DRINK EQUIVALENTS: 1 drink / 1 dose equals:

  • 1 1/2 ounces of rum, rye, scotch, brandy, gin, vodka etc.
  • 1 12-oz. bottle of normal-strength beer 3-4%
  • Approximately 7 – 8 oz. of Malt Liquor, or a strong micro brew.
  • 3 ounces of fortified wine
  • 4 – 5 ounces of table wine

Allow an hour per dose before returning to work. Example 2 glasses of wine, allow two hours from time of last dose.

Seattle DUI Victims Lawyers

If you or a loved one sustain serious personal injuries caused by a drunk driver then it is imperative that you find a good lawyer with a proven track record of success in personal injury litigation. Call Phillips Webster for a free consultation.

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Honda and Acura Recall Nearly 1 Million Cars for Deadly Air Bags

airbags, auto accident, auto accident attorneys, auto accident lawyer, Car accidents, defective airbags, defective products, Seattle Car Accident Attorneys, Seattle Car Accident Lawyers

December 2nd, 2011: Law Blogger

Airbags are a relatively new safety apparatus in the lifetime of vehicles overall, only becoming standard in 1998. Since then they have proven to be able to save thousands of lives from front-end collisions and recently, with the introduction of side impact airbags, have increased safety. But, airbags have also found to be deadly.

The primary deadly effect is the way that they are propelled out of their compartment and the force in which the bag is inflated. This has been shown to be seriously detrimental to elderly people riding in the front. Particularly elderly women who have tend to have more brittle bones. It is also detrimental to children who honestly should not be riding in the front seat anyway.

But a new defect is now killing and injuring normal sized adults and prompting a massive recall announced by Honda Motor Company today.

Deadly Airbag Recall

Honda Motor Co. plans to recall 900,000 Honda and Acura vehicles for defective airbags and inspect an additional 603,000 vehicles. The inspections are intended to review whether cars that have been serviced for car accidents or airbag replacement were actually refitted with the defective airbags. Honda said it doesn’t know how many of those vehicles might have been repaired with the defective parts manufactured by parts supplier Takata in Japan.

There is suspicion that, in a car accident, the driver’s side airbag can deploy with so much force that the metal inflator casing that holds and channels explosive propellant can rupture causing metal and plastic shards to spray towards the driver causing them serious personal injury or wrongful death.

“The propellant was packed improperly and that allows the propellant to burn off too quickly and it explodes and pieces of the casing are causing the injuries,” said Chris Martin, a Honda spokesman.

Altogether, there have been 18 personal injuries and two deaths caused by the faulty airbags.

Not the First Honda Airbag Recall

This problem has plagued Honda in the past and has caused Honda to be far more diligent about their testing. Defective Honda airbags have prompted four previous recalls dealing the same issue. This latest recall – the largest of it’s kind — has expanded the total to more than 2.5 million vehicles in the U.S.

Honda’s actions come after a driver was personally injured in a vehicle that had not been part of the previous recalls pointing to a larger problem. This is driving concerns over the market that some people may still be driving unrepaired vehicles listed in previous recalls and also be driving with defective Takata products that may have been installed after the defect was initially discovered.

“We really need to get all these cars repaired and there are a lot of customers out there who have not brought their cars in after we have sent them mailers,” a Honda spokesperson said. “This is a very serious thing; people need to get their cars fixed. This is not something to wait on.”

We agree. All Honda drivers need to contact their dealer if they have an effected Honda.

Honda Vehicles Recalled

Honda confirmed that the problem does not affect any vehicles newer than the 2003 model year when the

The latest recall now includes:

  • Honda Accord – 2001 and 2002
  • Honda Civic – 2001 to 2003
  • Honda Odyssey – 2001 to 2003
  • Honda CR-V – 2002 and 2003
  • Honda Pilot – 2003
  • Acura 3.2 TL – 2002 and 2003
  • Acura 3.2 CL – 2003

Honda will begin sending recall notices to owners of these vehicles later this month.

It also said the Honda owners can go to www.recalls.honda.com or call (800) 999-1009 and select option 4; Acura owners can go to www.recalls.acura.com or call (800) 382-2238 and select option 4 to get more information.

Seattle Defective Airbag Attorney

The experimentation of side impact airbags should not be on customers. Extensive tests should be made prior to the car entering the market because these are very serious accidents that could lead to the loss of a loved one. A missed or faulty deployment could mean the difference between living through the accident and a life long disability or wrongful death. Please fully research your vehicle prior to purchase.

If you or someone you know has been injured in an car accident due to the negligence of another driver due to speeding, some of the best advice you can give is to find an attorney that is experienced in personal injury litigation. Call Phillips Webster for a free consultation on your legal rights.

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

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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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Are Cars Designed To Be Safer For Men Than Women?

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

October 21st, 2011: Law Blogger

Have you ever heard the term “girl car”? This refers to cars that have smaller structures, rounded features, and features that market research appeals more to women. An example of this is bigger cup holders in many minivans and the new Volkswagon Beetle went as far as putting in a dashboard vase for flowers.

These features are important to car makers because research shows that women are involved and 80% of all car purchases in the United States and 60% of all final decisions in purchasing vehicles. With this kind of influence it’s no wonder car manufacturers pander things women find important. However, the top thing that women find important on the list of needs is safety.

The issue of safety as a marketing tool is not new to the car industry, but it has only been in the last two decades that the car industry has been voluntarily attempting to out do each other with safety features, knowing that safety sells cars. Yet, research is coming out now that cars being safe for children or occupants may not include specifically women. Moreover, cars may be designed more for men despite their bigger cup holders or other female-focused features.

Women and Car Accidents

Through the years there have been numerous studies focusing on the differences between the way men and women drive and the outcome. It may come as no surprise that young men are considered some of the most dangerous things on the road because of their propensity to speed, take risks, and drink and drive. Yet, injuries amongst women remains disproportional.

Researchers have set out to seek answers to the impropriety in personal injuries. Reporting in the American Journal of Public Health have disputed the behavioral causes of women and injuries. They say another explanation could be the design of safety features. They suggest that women are more likely to sustain injuries in an auto accident because safety features are designed more with men in mind, a new study that was a joint effort between University of Virginia and Navarra University in Spain has said.

Combing through a decade of data about US motor vehicle accidents, three researchers found the odds of serious injury for female drivers wearing seat belts were 47% higher than those of men in a comparable mishap.

The study says that women face a higher risk of injuries from seat belt configurations due to the lower extremities because of their shorter stature. They also say that the positioning of head restraints fails to take into account how women’s necks are different in size and strength.

To address such sex-specific disparity, “health policies and vehicle regulations must focus on effective safety designs specifically tailor toward the female population for equity in injury reduction,” the researchers said.

Car Accident Injuries and Women

Shoulder Injuries – Women are more prone to shoulder injuries in car accidents. Side impact tests have shown that the armrest in many cars are level with the bumper of many normal sized cars on the road. This puts the impact on the elbow and lower humerus causing a lever effect that can pop the shoulder out. Truck bumpers are much higher and can cause a direct hit on the shoulder causing much more damage in women.

According to Dr. Bridget Quinn, physician at Beth Israel Deaconess Medical Center, “Men are stronger up top than women. The combination of not having strong shoulder muscles, including the rotator cuff and periscapular muscles, and having loose supporting tissues can lead to instability in the shoulder.”

Knee Injuries – Women are more flexible than men and thus their ligaments are not as taught. This can lead to a condition known as “miserable malalignment,” which weakens their kneecaps and weakness in their inner quadricep and pelvic muscles. In a front end or side impact accident a serious rotation injury can occur causing serious damage to the joint and possible permanent damage. Knee injuries are extremely common in car accidents.

Stress Fractures – A head on auto accident can cause a stress fracture as people tend to tense and straighten their legs right before impact. Women have a lower bone density, thus they are more prone to fracture as the bone bends. A stress fracture resulting in a leg injury from a car accident can trigger a life long concern for re-injury in women, particularly those that lead highly active lifestyles.

Pelvic Injuries – During a car accident pelvic injuries are most related to seat belts. Seat belts will save a person’s life, so always wear one, no exceptions, but in a car accident there is also a chance for injury caused by the seat belt. In the event of a pelvic fracture this can also lead to internal bleeding. After an accident women should be monitored and aware that pelvic splintering and internal injuries are a real danger even days after.

Osteoporosis Related Injuries – Osteoporosis is a disease that causes a progressive decrease in bone density. Bones are porous and the pores get larger and larger causing the bones to be brittle and fragile. Women occupy the vast majority of the osteoporosis patients at over 80%. This is very common for women to have after menopause and can get worse as they age. In a car accident osteoporosis renders women far more prone to serious injury than their younger female counterparts and men in general.

Seattle Personal Injury Lawyer

Some may speculate that smaller individuals are naturally more prone to injury because of lower muscle mass, thus a prevalence of injury is to be expected. But design definitely an issue. This is demonstrated by the research done in how children fit in child seats and how they need adjustable configurations to compensate for their size. This is particularly true with regards to where and how the seatbelt sits on their lap.

Perhaps seatbelt configuration is first place car companies need to look for adjustments for designing a real “girl car” that not only has the amenities, but also safety suited specifically for women.

Women experiencing personal injuries from a car accident may have more to lose also due to internal injuries to reproductive organs hampering their life long dream to have children and a family. These and all other types of injuries deserve compensation. If you or someone you know gets injured in a car accident you need an experienced representative 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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How are Sensors and Wifi Being Used to Help Prevent Injury Automobile Accidents?

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October 10th, 2011: Law Blogger

It was only two decades ago that car manufacturers were fighting safety advocates and the National Highway Traffic Safety Administration (NHTSA) over making what they called “cost prohibitive” safety modifications to their vehicles. Once they saw that people would actually buy a car because it was safe that they began to start changing their tune.

Now, new technology has become extremely important to car manufacturers. In fact, it’s become somewhat of a space race of sorts. Car manufacturers have always had robust research and development (RnD) departments, but generally they were dedicated to design aspects and consumer interest. However, RnD has transitioned into a very different type of monster where software and optics are as much of the process as sexy headlights and fancy cup holders.

Cars are already on the market that can park themselves. That is all done with sensors bouncing off of the objects around the car much like sonar works, but rather than sound they use light. This allows the car to know where it is and work within a preprogrammed set of instructions resulting in being able to park in spaces where perhaps the driver was not experienced enough to achieve. This has gone as far as a German company developing a car that drives itself through the use of sensors and satellite. Of course, that technology’s trip to the consumer is at least 10 years away, but there are some developments coming sooner that could make the driver safer than they ever have been before.

A Car That Can Sense Wildlife?

It may be hard to believe (or not), but accidents with large animals crossing the road causes insurance companies billions of dollars every year. Another not-so-hard thing to believe is that insurance companies hate paying money out for anything. A study by State Farm found that there were 1.09 million deer hit by motor vehicles in the U.S. in 2010. Those incidents caused a total of roughly $3.5 billion in damage. Those collisions not-only maim or kill the animal, they also attribute for hundreds of deaths and thousands of personal injuries every year. Perhaps they are rejoicing over Volvo’s newest development of the City Safety infrared sensor system.

Volvo’s sensor system can already bring a car to a complete halt to avoid an accident. They demonstrate the feature by having the driver jump out of the car as it is rolling towards an object, and the car automatically stops on its own. Of course, this only works as very low speeds. At speeds ranging from 2 to 19 mph – typical on crowded urban and in rush hour traffic – the system will detect a potential collision. If the driver doesn’t react by the time the two cars are 18 feet apart, it will automatically jam on the brakes. However, a variation on the system may be able to spot animals on the road and avoid collisions from much farther and at higher speeds.

Another version of the system can detect pedestrians and can take steps to avoid an impact. Such collisions make up a significant share of the roughly 35,000 Americans killed in roadway accidents each year. Volvo is looking to introduce the new system in the next couple of years.

How well it will work remains to be seen. It’s hard to predict animal behavior, especially when they might suddenly emerge from hiding in a stand of trees along the roadside. But a recent study of insurance claims by the Highway Loss Data Institute found that Volvo’s City Safe system, in particular, reduced the number of vehicle damage claims resulting from car-to-car collisions by 27%, while insurance claims related to bodily injuries dropped by 51% on vehicles using the technology.

Cars That Avoid Collisions With Each Other

Hold your horses…vehicles so smart they can prevent an accident?

One of the biggest causes of drivers getting into accidents is the fact that they are either not paying attention or distracted by a cell phone or worse yet, their passenger. Ford is now in the process of developing a vehicle that can talk to others on the road, alerting drivers to a car in their blind spot or a truck stalled ahead. The are now touring the country showing off the Intelligent Vehicle technology that acts as a warning system for drivers.

The Ford system utilizes an advanced Wi-Fi system that lets cars communicate with each other. The information is transmitted 10 times per second up to 300-meters, 360-degrees around the car. Other cars equipped with the same technology pick up on the information and communicate their position back letting drivers know where vehicles are around them.

Lights and sounds alert the driver to potentially dangerous situations. When the vehicle is in the driver’s blind spot it’s yellow, but as soon as they turn their blinker on, the light turns red. However, it does far more than merely warn the driver. In another scenario, a vehicle runs a red light or stop sign and crosses through an intersection as another driver is about to enter. Red lights and beeps warn the driver of the rogue vehicle.

According to a NHTSA this technology could potentially prevent 81% of all police-reported light-vehicle crashes involving unimpaired drivers. Ford said the technology could be on the roads in the next five to 10 years. The U.S. Department of Transportation will decide in 2013 whether it wants to adopt the technology in all vehicles. It could be a regulation by 2020.

If all cars have compatible equipment to communicate, this would assist in hazardous situations including intersections, lane-passing or sudden breaking. This could be a boon for Ford as they own the technology that could be in all of their competitor’s cars.

Car Accident Attorneys

Safety technology is truly becoming more like a science fiction film as cars quickly become mobile computers that may not even require a steering wheel within our lifetimes. Sensor and communication technology is convenient and safe from what we’ve seen, but there are liability questions, such as, if a vehicle gets into an accident, who’s to blame? The manufacturer? The road? As long as occupants remain properly belted we support all safety technology. And if someone is personally injured the system of law should be able to work it out as long as the victim is represented by an experienced legal professional.

If you or someone you know has been seriously injured or killed in a car accident by a distracted driver, it is important that you find legal representation right away to walk you through the complicated insurance and medical procedures. Call Phillips Webster for a free consultation.

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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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