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Drivers that Text, What are they Thinking!?

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The Phillips Law Firm makes an unprecedented move this month in handing out its notable “What Were You Thinking!?” award.  Remember, it’s never a good thing to receive this award because it’s a reminder to the general public that you took some form of carelessness that endangered a member of your community.  So, the unprecedented move is?  We’re proud (actually abhorred) to announce this month that we have co-recipients for our monthly trophy.

Drunken, Texting Driver…What Were You Thinking!?

A Bonney Lake bicyclist was hurt at the end of August after being struck by a drunken and texting motorist.  The accident occurred at approximately 10 p.m. on state Route 410 at 171st Avenue East.  The 53-year-old bicyclist suffered a broken ankle and several abrasions from the collision.

Washington State Patrol troopers eventually arrested the automobile driver.  He was a 23-year-old resident of Lake Tapps.  According to troopers, he was drunk and sending a text message when the collision occurred.  The driver was later booked into the Pierce County Jail on suspicion of vehicular assault.

Drunk driving is horrible.  Texting while driving is horrible.  To add insult to injury, the drunken, texting motorist failed to stop after the accident took place.  The driver eventually returned to the scene once another motorist informed him that he had hit a cyclist.

Texting Driver #2…What Were You Thinking!?

Our second award goes out to a teenage driver that struck and injured an unidentified 63-year-old female pedestrian in Arlington.  The accident took place in early September in the 17100 block of McRae Road Northwest.  The time of the incident was approximately 8:45 a.m.

The driver, age 16, was texting while operating her motor vehicle.  As she was texting, the side mirror of her auto struck the pedestrian and knocked her to the ground.  The pedestrian was taken to Providence Medical Center.  She suffered a broken hand, a broken hip and arm injuries as a result of the incident.

Unlike our drunken, texting driver above, we should note that the teen driver immediately pulled over following the accident and ran to check on the injured pedestrian.  “I was texting,” she said.  “I’m sorry.”  While the apology was a noble act, the act of texting while driving is a dishonorable one.

Texting While Driving is Illegal Folks!

Washington law unequivocally prohibits drivers from using cell phones or wireless devices while driving.  Washington created its cell phone law on June 10, 2010 in the hopes of deterring the use of cell phones while driving.  Under this law, police can pull a motorist over if they spot a driver holding a cell phone to his ear or texting while driving.  If found guilty of this traffic offense, a driver can face a $124 fine.  Additional Fines and other penalties can easily result if a crash is involved.

Why is Texting While Driving Illegal?

Texting while driving is illegal because the act is very, very, very dangerous.  For the doubters among us, consider the following:

  • According to the National Safety Council, as of this year alone, there have been over 500,000 automobile crashes that involve drivers using cell phones and texting.  This translates into one crash occurring every 30 seconds.
  • As estimated by www.distraction.gov (the official U.S. Government website for distracted driving), over 3,300 people were killed in distraction-affected vehicle crashes in 2012.
  • Thirteen percent of all drivers in the United States, between the ages of 18 and 20, admit to texting or talking on their cell phone at the time of an accident.

Drive Smart!

Regardless of the above statistics, many of us cannot resist the urge to talk on our cell phones or text while driving.  The truth though is that these acts can result in injuries to innocent people.  This took place in Bonney Lake, it took place in Arlington, and it can take place in your community unless we all become smarter drivers.  Lead by example and resist the urge to use your cell phone while behind the wheel.  Just drive smart!  Smart drivers are responsible drivers and they help increase the safety of us all.

Please note that if you’ve been injured in an automobile accident by a motorist that was using a cell phone, you have the right to file a civil suit to recover any injuries you may have sustained.  The skilled attorneys at Phillips Law Firm can help you exercise this right.  They’re here for you and they’re ready to provide justice today!

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Prescription Drugs Can Cause Deadly Auto Accidents

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Thanks to drunk driving awareness and activist groups, the number of people killed or injured as a result of drunk drivers has decreased in recent years. However, drugged driving, driving under the influence of illegal and prescription drugs, continues to be a problem. Taking drugs, even prescription medication, will impair your driving skills. Drugged drivers may suffer from slower reaction times, erratic and aggressive behavior, inability to concentrate, nausea, hallucinations, panic attacks, paranoia, tremors, drowsiness, dizziness, and fatigue.

When an automobile accident occurs, and the responding officer suspects driver impairment, he can order the driver to be screened for the presence of drugs in the blood stream, either through blood or urine tests.

Every state has specific blood-alcohol level restrictions in order to regulate drunk driving, but it is much more difficult to regulate drugged driving for a variety of reasons:

• The vast number of illicit and prescription drugs that cause impairment • The varying degree of impairment to individuals by the same drug • Difficulty in testing every drug for possible impairments • Variation on amount of time drugs stay in the bloodstream

Many prescription and over-the-counter drugs can have an effect on a driver’s ability to operate a motor vehicle safely. Drowsiness, impaired judgment, and lack of self-confidence are just some of these effects. These effects can be amplified if medication is not taken according to instructions. Altering dosages or frequencies is never a good idea. Often these effects are short-lived, so it is possible to refrain from driving until one can do so safely.

It is the responsibility of every driver to make sure they are safe to operate a vehicle before getting behind the wheel. All medications have warning labels that tell patients of the risks associated with taking them, and warnings against driving or operating heavy machinery. The best way to make sure a drug is safe is to ask your healthcare provider or pharmacist. They can advise you on how to safely take your medication without risking anyone’s safety by driving while impaired.

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Risks of Daylight Savings Time

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Most of us will automatically set our clocks ahead one hour in observance of Daylight Saving Time (DST) and besides feeling a little sleepy the next morning, we won’t give it a second thought. However, adjusting your clock on Saturday night or Sunday morning could leave you with a 40-60 minute sleep deficit by Monday morning, and it’s this seemingly insignificant loss of sleep that can cause problems.

Research shows on Monday and Tuesday after the time change, our risk of having a car accident increases by about 6%. Groggy people waking and driving to work in the dark are more prone to accidents. Our chance of being in a workplace accident increases, too, as does the severity of those accidents. In the days following the shift to DST, workplace productivity traditionally plummets as well with a documented increase in “cyber-loafing.”

DST was enacted during World War I to decrease energy use. Benjamin Franklin first advocated for the practice in 1784 because he noticed people using candles at night and sleeping past dawn in the morning. By shifting time by an hour during the summer, they would burn fewer candles and not sleep through the morning sunlight.

However, some observers see nothing but downsides in their data to setting the clocks ahead, even going so far as to dub the Monday after the time change “Sleepy Monday” or “Risky Monday.” Tuesday and Wednesday are more dangerous than usual, as well. However, the risks begin to decrease as the week progresses.

Also, the time change does not save on energy either. By facilitating more outdoor time, it actually prompts us to spend more money at amusement parks and local sporting events, and spending longer evenings out sends us to the ATM and the gas pump more often.

The impacts of DST are likely related to our body’s internal circadian rhythm, our internal “clocks.” The problems with DST are worst in the spring, when we’ve all just lost one hour of sleep. The sun rises later, making it more difficult to wake in the morning. This is because we reset our body clocks using the light. When these clues change abruptly, it causes confusion. To help offset this confusion, try going to bed an hour earlier when you set your clock ahead.

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Even Driving “Buzzed” is Dangerous

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According to the first nationwide analysis of “buzzed” drivers, there appears to be no safe level of alcohol in the bloodstream when it comes to driving. Based on information from a U.S. national database, researchers have concluded that driving with even a slight buzz puts drivers at a far greater risk of causing a traffic accident.

The authors of the study analyzed data from more than 570,000 collisions between 1994 and 2011. Drivers with a blood alcohol content (BAC) of .01 percent, the lowest level recorded in the dataset, were 46 percent more likely to be solely blamed for the crash than a sober driver. For both men and women, the likelihood of blame for the accident rose as blood alcohol level increased.

For a grown man, it takes only half of one 12-ounce beer to generate a .01 percent BAC reading on a Breathalyzer test, which is well below the U.S. legal driving limit of .08 percent. However, experienced drinkers begin to become impaired at a .05 BAC, and inexperienced drinkers become very impaired at much lower levels. This study demonstrates that having just one drink, no matter how small, has a real impact on traffic collisions so, based strictly on the data, the only safe driver is one with zero blood alcohol content.

Protecting Yourself from Buzzed Drivers

Some federal agencies recommend reducing the national legal BAC limit below .08 percent, and research certainly supports that. However, until this is accomplished, there are other steps you can take to keep yourself, and those around you safe. Don’t drive buzzed, and don’t get in the car with a buzzed driver. Do whatever it takes to get a sober driver behind the wheel, which may include calling a cab. Before you head out, have the number of a reputable cab company in your wallet, so you have a reliable and sober way to get home.

Contact An Attorney

If you or a loved one has been injured in a car crash involving a buzzed driver, you should contact an experienced personal injury attorney, such as those at Phillips Law Firm immediately. Victims of buzzed and drunk driving crashes often face expensive medical bills, lost wages, and other damages. You focus on yourself and your family, and let your attorney handle all the details.

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Fatal Car Crashes Involving Marijuana Have Increased

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Recently, researchers from Columbia University’s Mailman School of Public Health collected data from six states that perform toxicology tests on drivers involved in fatal car accidents. Information gathered from California, Hawaii, Illinois, New Hampshire, Rhode Island, and West Virginia on over 23,500 drivers who died within one hour of a crash between 1999 and 2010 showed that fatal car crashes involving pot use have tripled in the U.S. During the same time period, alcohol contributed to forty percent of traffic fatalities.

Researchers concluded that drugged driving accounted for 28 percent of traffic deaths in 2010, which is a sixteen percent increase over 1999. They also discovered that marijuana was the primary drug involved in the increase. Marijuana contributed to only 4 percent of fatal crashes in 1999, compared to 12 percent in 2010. The study concluded that increase in marijuana use was consistent across gender and age groups. Marijuana impairs driving similar to the way alcohol use does.

The study determined that driving under the influence of drugs and alcohol simultaneously has increased. When a driver is under the influence of both alcohol and marijuana, they increase their risk of being involved in a fatal car crash to 24 times that of a sober person.

With the legalization of marijuana in Washington and other states across the country, these shocking statistics have become a wake-up call for highway safety officials.

How a Personal Injury Attorney Can Help

Every year, many lives are shattered by the unconscionable actions of other drivers, such as driving while under the influence of alcohol or drugs. As Seattle personal injury attorneys, we know that drugged driving is a relative plague on our state highways and city streets. We know that a wrongful death lawsuit can never bring back someone lost in a drugged driving traffic accident, but as legal experts in this area, we can help gain compensation for those families who have lost a loved one to senseless drugged driving wrecks.

Damages in a wrongful death lawsuit can be greatly contested; however, we know the best way to fight for the recovery of both tangible and intangible losses. As skilled professionals in the field of personal injury, we have the tools and experience to ensure that past, current, and future medical expenses will be covered for victims of impaired driving. Contact our office today to discuss your case.

Contact Seattle Car Accident Attorneys

The experienced personal injury lawyers at Phillips Law Firm are ready to help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

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Seattle Mother and Baby Hit by Drunk Driver are Steadily Recovering

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Last year a horrific pedestrian DUI accident occurred in Seattle. Karina Schulte and her 10-day-old son were crossing the street in Seattle’s Wedgewood neighborhood last March with her parents when a repeat drunk driver plowed through the family. Karina’s parents were killed and Karina and her son Elias were critically injured. For the last year, the mother and son have been slowly recovering, but the road to recovery after a DUI accident is a marathon.

Karina has only been home for a few months, but she is slowly gaining strength. She is able to perform some of her daily living activities and walking and talking almost like she did before the accident. She still has permanent damage to her left side, but she has made remarkable progress, her husband Dan related in a blog post.

Their son, Elias, was only 10 days old when repeat drunk driver Mark Mullan crashed into his family. Since then, he has recovered well and is developing fairly normally with assistance from regular therapists. He does have severe vision problems that resulted from the trauma to his brain after the DUI accident. His recovery, although remarkable, is far from over, however. Elias is scheduled to undergo another surgery this month at Seattle Children’s Hospital to repair the membrane between his skull and brain.

Last November, Mark Mullan was sentenced to 18 years in prison for his crime.

Drunk driving accidents are often catastrophic—and made even more tragic by the realization that they should not have occurred at all. The decision to drive intoxicated can have devastating and far-reaching consequences to everyone involved. Drunk drivers should be held accountable for their negligence and the injuries they have caused.

At Phillips Law Firm, our lawyers believe in holding irresponsible and negligent drunk drivers accountable and we won’t back down. We will fight aggressively to ensure that you and your family have the compensation you need to fully recover and put your life back together. We believe in ‘Justice for You’.

Contact Seattle Car Accident Attorneys

If a drunk driver injures you or someone you love, an experienced Seattle car accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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Truck Driver Fatigue is a Leading Cause of Trucking Accidents

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One of the major causes of trucking accidents in Seattle continues to be truck driver fatigue. A 2005 study published by the FMCSA found that 3 out of 4 truck drivers reported experiencing at least one type of driving error due to fatigue. 41% of truck drivers who were involved in a crash, cited fatigue or distractedness as the reason for their crash—7% actually fell asleep at the wheel.

Fatigue impairs a driver’s ability to react appropriately in an emergency. They may oversteer, fail to apply the brakes quickly, or misjudge distance between vehicles. Safety studies have proven that driving fatigued impairs driving performance similar to alcohol. Being awake for 18 hours is similar to driving a large commercial vehicle with a blood alcohol concentration above the legal limit.

In order to combat truck driver fatigue and improve the safety of America’s roads, the Federal Motor Carrier Safety Administration (FMCSA) has imposed specific rules and regulations regarding how many breaks and rests truck drivers are required to take. These regulations are also known as the FMCSA’s Hours-of-Service (HOS).

Common HOS Requirements:

  • Truck drivers must take a 30 minutes break during the first 8 hours of driving
  • Property carrying drivers are only allowed to work a maximum of 11 hours after 10 consecutive hours off duty
  • Truck drivers may not driver after 60/70 hours on duty in 7/8 days
  • A 34-hour off-duty period is required to restart the workweek
  • Drivers who driver less than 100 miles can skip the 30 minute rest breaks

Unfortunately, many truck drivers and trucking companies find ways around the HOA requirements. They may falsify driving logs, encourage truck drivers to drive longer periods, or truckers may fail to sleep during designated rest periods. When this occurs, deadly trucking accidents can occur, causing harm to you or someone you love.

Contact Seattle Truck Accident Attorneys

If a negligent truck driver injures you or someone you love, an experienced Seattle trucking accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our personal injury attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington. 

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Can Bars Be Held Liable for What Their Patrons Do? – Understanding Washington’s Dram Shop Laws

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Seattle BartenderWashington has a dram shop statute that makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, strictly liable to anyone injured by the drunken patron or guest. Statutory violations are “punishable by a fine of not more than $500 as well as separate [civil] actions.”

One purpose for these laws is to keep persons who are already inebriated from overindulging in alcohol and being injured or killed from over-intoxication. The most important goal of dram shop laws is to prevent hosts or bartenders from providing more alcohol to an inebriated patron who could potentially get into a vehicle and drive off, placing innocent persons at risk of injury or death.

Establishments in Seattle, which are licensed to sell liquor to patrons, are required to properly train employees to assess whether or not a person has had too much to drink.

Holding an Alcohol-serving Establishment Liable

If a drunk driver has injured you or someone you love, you have the legal right to sue the establishment responsible for endangering the public by allowing an intoxicated patron to leave the establishment and drive away. You may be entitled to compensation from the restaurant, bar, pub, liquor store or other alcohol-serving establishment if you meet the burden of proof.

Any alcohol-serving establishment is accountable to victims of drunk drivers when its bartenders or waiters knowingly over-serve an underage or obviously inebriated patron. The difficult part is that the victim must show the restaurant knew that the driver was a minor or intoxicated.

How a Washington Injury Attorney Can Help

The legal hurdles associated with burden of proof can be daunting, and the longer you wait to pursue your case, the harder it may be. A Seattle Injury Attorney will conduct the legal and investigative work necessary such as;

  • Obtaining copies of the driver’s Blood Alcohol Content (BAC) exams
  • Interviewing eyewitnesses, police officers, paramedics and others at the scene of the accident who can offer more details about what happened
  • Gathering witness statements, credit card receipts and decisive video surveillance evidence from the establishment

Contact Seattle Car Accident Lawsuit Attorneys

If a drunk driver injures you or someone you love, an experienced Seattle car accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington.

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Drowsy Driving is Dangerous

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Drowsy Driving in SeattleThe AAA Foundation for Traffic Safety issued a wake up call for all drivers: drowsy driving is dangerous. Shockingly, more than a third of all drivers have reportedly fallen asleep behind the wheel of a vehicle at some point in their lives. In the past year alone, more than 1 in 10 admitted to falling asleep behind the wheel. Yet when asked, nearly 100% of drivers reported that they found drowsy driving unacceptable.

Drowsy driving is dangerous for everyone on Seattle’s roadways. The AAA Foundation found that drowsy drivers accounted for an estimated 12.5% of all fatal crashes or one out of every eight fatal crashes. In addition, young drivers are twice as likely to be involved as older drivers.

Being sleep deprived is a major contributor to all car crashes—not just fatal ones. The National Highway Traffic Safety Administration estimates that sleep deprived drivers are responsible for 100,000 car crashes every year across the United States. These accidents resulted in 1,550 deaths and over 70,000 injuries.

Impact of Sleep Deprivation on Driving:

Driving drowsy can impact driving in a number of ways, including:

  • Slowed reaction time
  • Decreased alertness
  • Impaired decision making
  • Increase in aggressive driving
  • Using poor judgment
  • Impaired vision
  • Impaired hand-eye coordination

In order to prevent dangerous and deadly Seattle car accidents from occurring, it is important to recognize the signs of drowsiness before they begin to impact your driving. Then take the necessary safety precautions to ensure that you do not drive drowsy. This includes:

  • Stopping the vehicle somewhere safely to rest for 20 minutes
  • Stopping the vehicle at a nearby gas station for coffee, caffeine, or a quick but brisk walk
  • Asking a passenger to take over driving for you
  • If you are unable to stop the car (such as driving on a bridge) open the window to let fresh, cool air in the car.
  • Consider stopping for the night at a hotel and resuming your travel the next day

Contact Seattle Car Accident Lawsuit Attorneys

If a drowsy driver injures you or someone you love, an experienced Seattle car accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington.

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High Driver Kills Bellevue Motorcyclist

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Motorcycle Accident - Washington StateMarijuana has been legal in the State of Washington for a year now—driving under the influence of marijuana, however, is not. A Bellevue man was recently charged with vehicular homicide after he collided with a motorcyclist on October 4th. Prosecutors allege that Caleb Floyd was driving high on marijuana when he collided with Bellevue motorcyclist Blake Gaston. Blood drawn from Floyd’s blood found levels of THC that were twice the legal limit.

The Bellevue motorcycle accident occurred when Gaston was crossing 102nd Avenue Northeast on Northeast 10th Street. Floyd was heading east when he suddenly cut left. Gaston was unable to stop and laid his KTM 450 motorcycle down and into the side of Floyd’s car. He suffered catastrophic injuries, including massive head trauma and was pronounced dead at Overlake Medical Center.

Now that marijuana is legal in Washington, law enforcement officials and state prosecutors now have to contend with drivers who are driving under the influence of pot. In the fist 6 months of 2013, 745 drivers tested positive for THC when pulled over by police officers. Over half of those were over the state’s new legal limit of 5 nanograms of THC per milliliter of blood. Whenever anyone operates a vehicle under the influence of drugs or alcohol, the results can be deadly.

Motorcyclists, in general, are at risk for sustaining fatal injuries, due to the limited protection a motorcycle offers. Even when they are hit at relatively low rates of speed, motorcyclists can suffer serious head injuries, spinal cord injuries, and life threatening complications. Sadly, the majority of motorcycle accidents occur because of inattentive motorists who simply fail to recognize the motorcyclist on the road.

According to statistics, motorcyclists are not likely to escape an accident unharmed. In fact, 98% of multiple motor vehicle accidents and 96% of single vehicle accidents result in motorcyclists being injured. Of those, 45% of motorcyclists escape with only a minor injury. This means that the majority of injured motorcyclists sustain a serious injury after a motorcycle accident.

Contact Seattle Motorcycle Accident Lawsuit Attorneys

If a negligent driver injures you or someone you love, an experienced Seattle motorcycle accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Bellevue, Tacoma, Everett, Redmond, South Hill, Bremerton, Shoreline, Woodinville, Lake Stevens, Kent, Federal Way, Olympia, Bellingham, and throughout the State of Washington.

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