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Car Accidents
3 Reasons to Hire Phillips Webster

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.

  1. We represent EVERYONE in need anywhere in Washington - Minor and Major Injuries
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  3. FREE Case Review and we only get paid if you get paid
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Posts Tagged ‘speeding’

What Do I Do About a Suspended License in Washington State?

Car accidents, DUI, puget sound car accident attorney, puget sound car accident lawyer, speeding, suspended license, Washington car accident attorneys, Washington car accident lawyer

October 26th, 2011: Law Blogger

Getting a ticket in Washington State only has slight differences from any other state. You’re stopped, the officer gets out of their cruiser, and the pleading begins. Avoiding a ticket at the traffic stop is nearly impossible and you need to watch out, because if you get too frustrated, you might throw that wadded-up ticket into the back seat and forget about it.

However you come about to getting your license suspended, surprisingly, there are many levels of suspension that most people have no idea exist. This can cause a ton of problems, because once police discover you are driving on a suspended license you will find yourself calling someone to pick you up where ever you are.

Levels of a Suspended, Cancelled, or Revoked License in WA State

The Washington Department of Licensing (DOL) will suspend your driver’s license if you have been cited for a driving infraction and failed to appear in court, or if you have been cited for drug- or alcohol-related offense. The most common reason for driving privileges to be suspended is not paying the ticket.

The main reasons people don’t pay and get their license suspended are:

  • Procrastination
  • Lack of Funds
  • Stubbornness
  • Forgetfulness

Third Degree Driving While License Suspended or Revoked

So your license has been suspended and you get stopped. Not only do you phone a friend, you also get a fine. If your license is suspended or revoked solely because you have not taken the steps to have it reinstated or you didn’t appear at a hearing for the traffic infraction, you could be charged with 3rd degree driving while license suspended. This is a fine and a harsh reminder that, what was going to be a simple process is now going to be a giant expensive pain in the rear.

Second Degree Driving While License Suspended or Revoked

So you still didn’t take care of it after you were stopped the first time or the traffic stop is also accompanied by some other serious vehicle infraction. Driving while license suspended 2nd degree is considered a gross misdemeanor and is punishable by up to 1 year in jail and fines up to $5,000. In order to be charged with this offense, your license must have been originally suspended for one of the following offenses:

  • Hit and run
  • Racing
  • Theft of gasoline
  • DUI
  • Reckless driving
  • Eluding police
  • Vehicular assault/homicide
  • Negligent driving

First Degree Driving While License Suspended or Revoked

According to the DOL, if you have had 3 or more convictions for DUI, reckless driving, negligent driving, or prior driving on suspended license convictions, you may face first degree driving while license suspended or revoked.

This is considered a gross misdemeanor that comes with up to one year in jail and fines up to $5,000. There are mandatory minimum jail sentences for this first degree offense. You can find all of this at RCW 46.65.020 – Habitual Offender.

Reinstating A Suspended License In Washington State

Make sure that you have a copy of the original ticket issued to you and read the instructions written on both sides. This will give you a starting point. If you have also been issued a ticket for driving with a suspended license read that ticket fully too. The DOL will send you a letter upon request detailing your unresolved citations, including contact information for the appropriate courts so you can resolve the tickets.

You can get information in person at a Driver Services Office, by phone at (360) 902-3900, or by e-mail at drivers@dol.wa.gov. You can also send a letter to:

Department of Licensing,

c/o Driver Responsibility,

P.O. Box 9030,

Olympia, WA 98507

Temporary Restricted License

For those whose driver’s license is suspended but they need to get to and from work, the Washington DOL provides an Occupational/Restricted Driver License (ORL). The temporary ORL is provided only if specific conditions are met, and it could take a week to 10 days to process your application. There is a $100 nonrefundable application fee, so make sure you meet the criteria before you apply.

If your license was suspended due to a DUI, you may be able to apply for an ignition interlock device. This depends on the circumstances of your DUI.

Washington Auto Accident Attorney

You can always order a copy of your driving record report. This report is fairly clear in spelling out whether your driver’s license is currently valid and exactly what your driving record looks like. The report will also list the points against your license and, if appropriate, information on any accidents you have had.

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

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How Do I Know If the Vehicle That Hit Me Was Speeding?

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding

April 16th, 2011: Law Blogger

SpeedingIt happens every minute, a car accident due to speeding. Whether the car accident involves a single car or several cars traveling over the speed limit due to “normal traffic flow,” The results are generally worse than they should have been and it can be directly blamed on speed.

Some of the worst accidents happen when cars turn into traffic, either street traffic or from rural roads onto highways. It is extremely hard to gauge how quickly a vehicle is approaching when you are sitting in a stationary vehicle waiting for a gap in traffic. This is particularly true for large vehicles, as their size may be deceptive. A simple mental miscalculation can cause a catastrophic side impact accident at high speeds that could result in serious personal injuries or wrongful death.

But there are some methods that a person can use to gauge speed before and after a collision. This helps prevent accidents, but it also helps determine who might have been at fault.

Ways of Gauging Speed

The speed of a vehicle can get very complicated as you will see. Most of us don’t remember a ton from algebra class, but there are people who actually found a use for it and applied it to normal life. Thankfully some of them decided to use it to help determine if the person that injured you in a car accident was speeding. Here are some methods to figure out whether someone was speeding before and after the accident.

Sight – You can pretty much tell if someone is speeding in relation to other cars on the road, not-only cars that are going the same direction, but also cars that they are passing.

Counting – You know the acceleration of your individual vehicle, but just because it’s punchy doesn’t mean you should take chances. Count your acceleration to know what a reasonable, non-abrupt merge feels like and then apply it to oncoming traffic. Set a marker up the road and count how long it takes the cars to get to you. If they come sooner than your countdown, then set a marker farther away and do it again. If the car is passing that marker you are reasonably safe from oncoming cars to turn into traffic.

Triangulation – This is the way law enforcement tells precisely how fast something is going. It is very similar to the counting method described above. You took an object and determined the speed of the car in relation to yourself. That’s three points, thus a triangle. Just like law enforcement does with a radar detector or from air surveillance.

Damage – Damage is a good way to determine if a car was exceeding the speed limit, but as the mass of the two cars that hit each other changes, it gets a little more complicated. An SUV can hit a sports car at a reasonable speed and cause considerable damage. The trick is to know the trajectory and the make and model. This is a science best left to professionals, but is usually only applied to determining speed when skid marks aren’t present.

Skid Marks – This is a certain science that has many factors involved such as the type of surface, how many tires are locked creating a friction stopping area, and the vehicle’s mass. Some general details are below.

Types of Skid Marks

A skid mark is a mark on a surface produced by a tire that is not rotating. The physics of a skid mark is complicated, but essentially, they begin darker as the tires use more friction to stop at higher speeds and then the skid mark lightens as the vehicle slows and less friction is required. The three main tire skid marks are acceleration scuffs, deceleration marks and yaw marks.

Acceleration – This is a specific mark that is created as the wheels spin creating enough friction to make the car move from a stationary position. If the drive tires are spinning faster than the vehicle speed, heavy burn marks will be left on the pavement at the initial point of acceleration. These marks have been seen in the middle of a stop skid to indicate many things such as an attempt by the driver to control the car rather than merely apply the brakes, the driver panicked, or they show up often in hit-and-run accidents.

Deceleration – These marks show up when tires are spinning slower than the vehicle because of braking or downshifting. When a vehicle brakes a greater portion of the vehicles weight is transmitted to the outer edges of the front tires. This causes parallel shoulder skid marks to be pronounced. Tire wear and inflation also play a factor in how pronounced the mark of the tire will be on the asphalt.

Imprint – Imprints are tire tracks made in mud, sand, or other soft ground. These occur when a car veers off the road or drives though water or mud and then the tires touch the road, leaving an imprint of the tire on the asphalt.

Yaw – Yaw marks are very common in speeding accidents where people turn their wheel in order to avoid an accident or are already on a curve. What’s left by a tire that is still rolling but is simultaneously sliding laterally. Yaw marks have distinct striations, stripes or streaks induced as the sidewall is dragged over the road. These marks are aligned in the direction of the spin, usually parallel to the car’s axle and they are the most common marks found at scenes of rollover accidents.

Reading Skid Marks At the Scene of a Car Accident

There are hundreds, if not thousands, of factors and situations that can determine speed and stopping power. Vehicle speeds can be determined from a number of variables, including fall distance, vault distance, yaw marks, crush and momentum. If an analysis of vehicle speed is desired, it is recommended that the job be left to a qualified traffic accident reconstructionist, but there are some general rules you can use to determine if perhaps someone was speeding at the time.

How far a car will skid on various road surfaces from different initial speeds –

Washington Auto Accident Lawyer

Washington Auto Accident Lawyers

Car accidents in Washington State have a set of general rules when being investigated depending on their outcome. If there has been a death, the scene is far more scrutinized than if it is a mere fender bender or all occupants walk away from the accident fairly unscathed. This could mean that the police report may lack some essential information needed for a victim to determine fault in the event of a dormant injury or other circumstances that require compensation. In these cases it is essential that the victim has a legal representative that is skilled and experienced in car accident litigation.

If you or someone you know have been injured in a car accident it is imperative that you find legal council that can walk you through the insurance and litigation process. Call the Seattle car accident attorneys at Phillips Webster for a consultation.

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How Do I Know If the Other Driver Was at Fault?

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding

February 28th, 2011: Law Blogger

Seattle Car Accident AttorneyIt happens to dozens of victims of car accidents everyday. They wake up in a smoking car, on a gurney, or in the hospital in pain, possibly permanently injured, and they have no recollection of the events leading up to their car accident.

They try to roll the events over and over in their heads in an attempt to piece together the reason why their life has now been turned up-side-down. Luckily for them there are procedures and laws in place in order to deal with these very scenarios.

On the scene of the accident, both the police and the emergency medical personnel create reports that give their opinion on what happened and how the victim was injured, but that doesn’t particularly mean that the reports are completely correct in their assessment. The reason for this is that they don’t take into account the law. That is why it important to let your lawyer research and determine fault.

In the state of Washington it is important to first determine duty, a breach of that duty, and the root causes of the victim’s injuries.

What is a Driver’s Duty?

Driving is a privilege, not a right, even though many people drive like they are above the law in some way. The base duty of all drivers is to follow the law as written in their driver’s manual and use sound judgment in all traffic situations.

Speed – The speed of the road is usually clearly marked on freeways, highways, main arterials, and school zones. Though these speeds are set, in some cases traffic could be exceeding the posted speed limit and this puts other drivers in jeopardy. This is where a driver’s sound judgment comes into play.

Maintenance – One of the major causes of car accidents, particularly on the highway and freeway is the lack of maintenance of a vehicle leading to a hazard such as a tire blow, a breakdown, or a car fire. If this causes a car accident the driver or owner may be deemed responsible.

Patience – The lack of patience is one of the biggest killers on the road. Drivers making brash judgments leading to sudden maneuvers that lead to accidents. This impatient behavior has lead to the injury and deaths of many construction workers, tow truck drivers, and law enforcement.

Defensive Driving – Following the law and common courtesy is all part of defensive driving. Be courteous to pedestrians, bicyclists, and other drivers, but also know when it is your right way and do not be tentative about the normal and logical flow of traffic.

What is Breach of Duty?

Breach of Duty can be as simple as breaking the law by running a red light or not properly yielding to the normal flow of traffic. But there are varying degrees of Breach of Duty that lead to consequences far from a traffic citation.

Negligence – In Washington State a Negligent Driving charge is split into two categories, first degree and second degree.

  • 2nd Degree Negligent Driving – This is a citation that drivers get when they neglect to stop at stop signs and cause an accident. These are especially issued if there are personal injuries suffered by either passengers or other drivers in the accident.
  • 1st Degree Negligent Driving – This is a far harsher violation and is often issued if the driver has been found to be driving on a “legend drug” (prescription drug with opiates or otherwise hampers a person’s ability to operate a motor vehicle) or some other controlled substance. They don’t necessarily need to cause an accident to receive this violation.

Reckless Driving – Reckless driving can be given for DUI below the .08 blood alcohol level, particularly if the driver is found to be endangering lives. This includes tailgating, swerving erratically through traffic, making dangerous pass maneuvers, speeding, or other behavior that could be construed as extremely dangerous to those around the driver. This charge is required for a Vehicular Assault or Vehicular Homicide charge to be issued.

DUI and Felonious Driving – If the driver is found to be severely impaired or drive in such a way that they show reckless intent such as racing, “red light roulette” (driving through red lights with your eyes closed for the thrill), or car surfing (riding on top of the car), then any ensuing accident is considered a portion of their fault if not totally their fault.

Causation and Damages

Seattle car accident lawyerCausation – One of the main questions asked, particularly by insurance companies and their legal representatives is whether the victim’s injuries were caused by the actual accident as opposed to being a pre-existing condition. In these instances it is up to the plaintiff (the victim seeking compensation for injuries) to reveal adequate evidence that the injuries were caused in the accident.

Damages - In the state of Washington, fault is on a percentage basis. In some states if a driver is deemed over 50% at fault, then they are 100% at fault. But in WA, the amount of damages are awarded could by whatever is negotiated by the lawyers on both sides. That is why it is so important that victims have an experienced and skilled attorney on their side.

Seattle Car Accident Lawyer

Seeking compensation for your injuries after a car accident can be one of the most stressful times in a person’s life, particularly if they are lying in a hospital bed injured and facing months of recovery and physical therapy. That is when they need a representative that is familiar with procedures and methods of finding the maximum settlement the victim can receive.

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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Speeding Suspected in Rollover Accident That Killed Seattle Teen

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding

December 30th, 2010: Law Blogger

Seattle Accident LawyerThe statistics for speeding are unchanging from the time that cars were invented. The largest cause of death in young men is speeding. The reason why so many die is because many of the young men between 16 and 35 don’t know how to drive at high speeds. They are rarely prepared for the obstacles and changes in road conditions associated with roads that are solely intended for safe driving. These factors are suspected to have contributed to the death of a young woman this week.

A call came into 911 a little after 10 pm on Tuesday night reporting an accident involving four teenagers in the 1991 Ford Escort, said King County Sheriff’s Office spokesman Sgt. John Urquhart.

The 18-year-old male driver from Renton was apparently speeding around the 22600 block of Sweeney Road Southeast when he lost control of the car coming out of a curve. The car slid sideways and broke off a fire hydrant, causing the car to roll. If finally cam to a stop when it hit a tree.

Maple Valley Fire and Life Safety rushed to the scene and were able to extract the teenagers. A 17-year-old girl from Seattle was immediately treated and rushed to the hospital, but unfortunately she died en route to Harborview Medical Center.

The other passengers were a 17-year-old boy from Ravensdale and 16-year-old girl from Renton. The teenage boy and girl and the driver were transported to Valley Medical Center with personal injuries that are listed as non-life threatening.

Urquhart said that detectives did not find evidence of drugs or alcohol and that excessive speed is most likely to be a contributing factor in the crash.

Our condolences go out to the friends and family of the deceased girl.

Speeding deaths have been, and remain to be, an epidemic in the United States. It is sad that car accidents kill and permanently disable so many innocent people every minute. Please be part of the education already in place and talk to your teenager about speeding.

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 a Seattle Car Accident Lawyer at Phillips Webster for a free consultation on your legal rights.

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Man Dies, 4 Personally Injured When Car Crashes House; No One Wore Seat Belts

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding, Wrongful Death

December 20th, 2010: Law Blogger

Seattle Car Accident LawyerThe campaign to wear seat belts began in 1986, kicked off after Barbara Mandrell, popular singer at the time, almost died in a car accident. It has been rolling full force ever since, culminating in a “Click it or Ticket” campaign this year. Unfortunately all of the efforts still don’t seem to sink in and has ended in a man losing his life and another four friends suffering serious personal injuries.

The car accident happened along SE 274th Way on Kent’s East Hill early Saturday morning. A 1995 Nissan Maxima driven by a 23 year old man from Federal Way was traveling westbound at a high rate of speed when the driver lost control. The vehicle proceeded to crash into some trees and then a home before coming to a rest.

Kent police, fire, and Medic One responded to the accident. Upon arriving they pronounced a 32 year-old Kent man dead at the scene.

There were a total of 5 people in the car. All four survivors were taken to local hospitals. Their injuries were not specified and their conditions have not been updated. No one in the house was reported injured.

Officials confirm that none of the five people were wearing seat belts and that they suspect speeding was the cause of the crash, but they are also looking into whether alcohol was a factor.

The criteria for a vehicular homicide charge is reckless driving, which is defined in Washington State as:

RCW 46.61.500

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

Speeding is considered one of these acts of reckless driving. This misdemeanor is automatically increased to vehicular homicide when a passenger dies, which is a felony. The driver may also be facing up to 3 counts of vehicular assault, another felony. That translates to the 23 year-old driver essentially ruining his life before he even had a chance to fully realize it.

Drivers, particularly young drivers, need to realize that they are responsible for every person in their vehicle. If any of those people are hurt due to their negligence they will be held responsible. So please keep in mind that speeding at any time is never a good idea and your passengers are your top priority.

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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Speeding Blamed in Car Accident; Man Killed, Woman Suffers Serious Personal Injuries

auto accident lawyer, personal injury, Seattle Car Accident Attorneys, Seattle car accident lawyer, speeding, target zero, Washington car accidents

December 15th, 2010: Law Blogger

Seattle Car Accident AttorneyThe statistics on speeding are clear and seemingly unchanging. The largest cause of death in young men is speeding. The reason why is because many of the young men between 16 and 35 that are speeding don’t know how to drive at high speeds and aren’t prepared for the obstacles and changes in road conditions associated with roads that are solely intended for safe driving. Unfortunately, nobody told a young man in Puyallup that and he has tragically entered the statistical roll.

The car accident happened near 9th Street Southwest and the exit ramp of Highway 512 about 4 am this morning, according to Puyallup police.

Police say that a 25-year-old Pierce County man was exiting Highway 512 down the off-ramp at a high rate of speed when he failed to stop at a red light and slammed into a car driven by a woman.

Emergency crews responded to the scene finding two mangled cars. They pronounced the male driver dead at the scene. The woman was rushed to St. Joseph Hospital with serious personal injuries that are described as nonlife threatening.

The names of the drivers have not been released pending notification of family. Our condolences go out to friends and family of the deceased and it is our sincere hope that the woman in the hospital makes a swift and full recovery.

These accidents really do not need to happen. There is education in place and with state grants issued through the Target Zero program that has helped state patrols crack down on speeding, perhaps these statistics can make a change for the better.

If you or someone you know has suffered a personal injury or wrongfully killed because of a dangerous intersection or dangerous roadway then it is important that you find an experienced attorney that can help you get the compensation you deserve. Call Phillips Webster for a consultation into your legal rights.

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Two People Sustain Severe Injuries When Half a Car Demolishes Restaurant

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

December 8th, 2010: Law Blogger

seattle personal injury lawyerSpeeding is the number one cause of death and injury to males between 15 and 35 years old. Going fast just seems to be something that most men cannot resist, perhaps that’s why NASCAR is so incredibly popular. Even though some people just view the sport as a bunch of speeding cars taking a left, driving fast takes an incredible amount of skill as one Wenatchee man figured out last night.

A car was speeding down North Mission Street, a main commercial street in Wenatchee, about 11 pm, when it suddenly lost control around the 1000 block. The car spun, struck a sign pole with such force that it skewed the vehicle in half and ejected the driver. The back half of the car went one direction and the front half of the car went crashing through the brick wall of a subway shop, leaving a giant hole, and struck a worker inside.

Moments before the crash, a police officer had seen the car speed by with no lights on, but could not catch up with it before the car rammed the Sub Shop sign pole.

Officers found the driver, John D. Logstrom, 24, of East Wenatchee, lying unconscious on the ground near the sign pole, said a spokesman for the Wenatchee Police Department.

Logstrom was rushed by ambulance to Central Washington Hospital with several broken bones and a possible bruised lung. He was listed in critical condition this morning, said a hospital spokeswoman.

The worker within the restaurant was remodeling the inside of Sub Shop with one other worker. Luckily, he faired a little better, but authorities say he may have suffered a few broken bones. His condition was not available this morning. The second worker apparently suffered no personal injuries.

Police said that, while the front half of the car traveled several yards before entering the shop, the back half of the car, a Mazda 626 sedan, remained near the Sub Shop sign pole, which remained standing.

We’re glad that nobody died in this incident. It really just goes to show you the difference speeding makes. What could have been a relatively minor accident ended up being a catastrophic accident that could have killed a worker who was protected by a building.

Please don’t speed.

If you or someone you know has suffered serious personal injuries in a car accident with a speeding driver you will need skilled legal counsel to walk you through the steps to assure that your best interests are protected and you get the compensation you deserve. Call Phillips Webster for a free consultation.

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Seattle Car Accident Attorney: Negligent Driving Vs. Reckless Driving

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding

November 3rd, 2010: Law Blogger

Seattle Car Accident AttorneyThere are lots of citations that drivers can get after a car accident. The three that are issued that really determine the fault of the driver are Negligent Driving in the 2st degree, Negligent Driving in the 1st Degree, and Reckless Driving. These are all citations that can lead to other consequences.

These are also citations that many harsher charges are reduced to when there is either a lack of evidence or the defendant’s lawyer convinces a judge to reduce the charges. This is usually related to driving under the influence (DUI) charges.

Judges have been, more often than not, reducing charges over the last two years since the King County evidence lab was found to be in gross voilation of quality and santiation standards that could lead to false breathalyzer tests, particularly those taken in the field. This led to thousands of DUI convictions to go with mere citations and significantly lower fines.

The accident on I-5 that killed two teenagers just days before their graduation this spring brought the discrepancy in the DUI law into the spotlight. The drunk driver who rear-ended the car the teenagers were in had been reported to have allegedly drunk half a bottle of vodka right before getting behind the wheel and was twice the legal limit. It was also found that twice before he had been arrested for DUI just to have the charges reduced under the provision. The outcry from the public was loud.

That rule has since been overturned by a judges panel this summer causing organizations like Mothers Against Drunk Driving (MADD), the families and friends of victims of DUI, and DUI victim’s advocates like Phillips Webster to celebrate the decision. Now the citations can be issued as intended.

Negligent Driving in the 2nd Degree

This is a citation that drivers get when they neglect to stop at stop signs and cause an accident. These are especially issued if there are personal injuries suffered by either passengers or other drivers in the accident.

RCW 46.61.525

(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner’s consent.

(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.

(2) For the purposes of this section, “negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

Negligent Driving in the 1st Degree

This is a far harsher violation and is often issued if the driver has been found to be driving on a “legend drug” (prescription drug with opiates or otherwise hampers a person’s ability to operate a motor vehicle) or some other controlled substance. They don’t necessarily need to cause an accident to receive this violation.

RCW 46.61.5249

(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug.

(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

(c) Negligent driving in the first degree is a misdemeanor.

Reckless Driving

Reckless driving can be given for DUI below the .08 blood alcohol level, particularly if the driver is found to be endangering lives. This includes tailgating, swerving erratically through traffic, making dangerous pass maneuvers, speeding, or other behavior that could be construed as extremely dangerous to those around the driver. This charge is required for a Vehicular Assault or Vehicular Homicide charge to be issued.

RCW 46.61.500

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

Seattle Car Accident Lawyers Represent Victims

Alcohol and speeding are a lethal combination that is the number one cause of death in males between 15 and 35. The alcohol gives the person the courage and inclination to speed, but ironically it is also the alcohol that inhibits the person’s reaction time in order to control the vehicle, thus, a lethal combination.

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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Seattle Car Accident Lawyer: Teen Speeding Claims Another Young Life; 2 Personally Injured

Car accidents, personal injury, Seattle car accident attorney, Seattle car accident lawyer, Seattle personal injury attorney, Seattle personal injury lawyer, speeding

October 20th, 2010: Law Blogger

seattle car accident lawyerAdrenaline has been the drug of choice of humans for thousands of years. Testing the limits and the thrill of putting their life on the line has been the motivation of famous war heroes, explorers, and entertainers. But what sets those people apart from the average thrill seeker is skill, talent, and an overall goal. A teenager speeding in a car has none of those things.

But it still happens as many families around the country who have been torn apart because of it painfully know. In fact, speeding is the number one cause of death in males 15 – 25. Through education, this trend is slowly descending, but all of the statistics and education amount to nothing today for a grieving family in Olympia.

Around 7 pm yesterday evening, right after the sundown, three teenagers were flying down Hawks Prairie Road outside of Lacey when the driver, 18-year-old William Johnston, from Olympia, lost control of the 1998 Toyota Camry and slammed into a telephone pole.

Emergency crews swooped upon the scene at the 4500 block of Hawks Prairie Road. They were not able to save Johnston’s life and declared him dead at the scene.

The two 17 year-old passengers suffered personal injuries and were taken to the hospital for examination.

State Patrol spokeswoman Brandy Kessler said that drugs and alcohol were not involved and that speed was most likely the main factor in the car accident.

Our condolences go out to the family and we hope that the young man’s injured friends recover fully.

Speeding deaths have been, and remain to be, an epidemic in the United States. Many people proudly declare us a “car culture,” but there are some who say that with a cringe. That’s because they know that car accidents kill and permanently disable so many innocent people every minute. Please be part of the education already in place and talk to your teenager about speeding.

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 a Seattle Car Accident Lawyer at Phillips Webster for a free consultation on your legal rights.

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Washington Car Accident Lawyers: Speeding Suspected in Car Crash that Split Car in Half

Car accidents, Car Crash, speeding, Washington car accident attorneys, Washington car accident lawyer

September 23rd, 2010: Law Blogger

Yes...that's a car.Sometimes we look at the picture of a car accident and wonder how the person could have possibly lived through such an event. This is one of those times. It really brings home the dangers of speeding and how, what would have been a minor accident, has turned into a life-threatening situation.

According to the Washington State Patrol, Andrea N. Ruth, 27, of Lynden, was driving a 2005 Suzuki Reno in the 2500 block of Badger Road, about six miles east of Lynden, at about 9 pm Tuesday.

The car was screaming along the desolate rural two-lane straightaway when it lost control, left the roadway, hit a power pole and split in half. Ruth was ejected a few feet from the car by the impact. The WSP hasn’t yet determined exactly how fast she was going, but they estimate it was an extremely high rate of speed to cause such a horrific car accident.

Police and medical crews arrived as quickly as possible. The woman was initially transported to St. Joseph hospital, but due to the severity of her personal injuries, she was airlifted to Harborview Medical Center in Seattle on Wednesday.

It is unknown if she was wearing a seatbelt. No one else was in the vehicle. Along with speeding, alcohol is suspected to have been a factor in the crash.

Alcohol and speed are a lethal combination that is the number one cause of death in males between 15 and 35. The alcohol gives the person the courage and inclination to speed, but ironically it is also the alcohol that inhibits the person’s reaction time in order to control the vehicle, thus, a lethal combination.

f you or someone you know have sustained serious personal injuries in a dui 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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