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Evidence of Seat Belt Non-use in Seattle Personal Injury Claims

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It is generally undisputed that seat belts prevent injuries and save lives. In fact, mountains of crash test results and real-world accident statistics demonstrate that a properly worn seat belt restraint system is the single most effective source of safety for automobile occupants. Automobile manufacturers are required by federal law to install seat belts in passenger cars, and forty-nine states have enacted mandatory seat belt use laws. Despite all this focus on the importance of seat belt use, many states still have various forms of evidentiary rules that prohibit defendants from telling a jury that a plaintiff disregarded available safety features and violated mandatory seat belt laws by not wearing a seat belt.

However, the legislatures and courts in an increasing number of states have begun to apply the so-called “seat belt defense” in view of the acknowledged effectiveness of seat belts. Under the seat belt defense, a plaintiff’s recovery for personal injury could be reduced completely, or in part by his/her failure to use a seat belt.

Seat Belt Laws in Washington State

Washington State has primary enforcement laws regarding seat belt use. This means motorists can be stopped and ticketed exclusively because they were not using their seat belt. Studies have shown that states with primary enforcement laws generally have seat belt usage rates 10 to 15 percent higher than secondary laws, and subsequently have lower injury and death rates.

However, currently, Washington State has no seat belt defense in place. In regards to mandatory seat belt use, the Revised Code of Washington 46.61.688(6) states that “failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.”

Yet that won’t prevent an insurance adjuster from trying to use this tactic to reduce your settlement or deny your claim. Insurance companies will use any tactic they can to avoid paying top dollar in an injury lawsuit. As such, you need an experienced car accident attorney on your side from the moment you are injured. Your attorney will be able to fight for your rights to compensation and prevent insurance companies from using devious or deceptive tactics to reduce your claim.

If you have been injured in a car accident, don’t hesitate to call an attorney, such as those Phillips Law Firm, to ensure that you get the justice and compensation that you deserve.

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Vehicle Crashworthiness and Avoiding Crashes

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The Insurance Institute for Highway Safety has released its list of vehicles that receive its highest award for safety, TOP SAFETY PICK and TOP SAFETY PICK+. Among the standouts for 2014 is Honda. Along with its Acura division, Honda has six vehicles earning a TOP SAFETY PICK+ award and another two that earned a basic TOP SAFETY PICK award. Other standouts include smaller companies like Volvo, Subaru and Mazda. Each of these companies had three vehicles earning TOP SAFETY PICK+ awards.

The Institute introduced the TOP SAFETY PICK award back in 2006 and since then, has gradually made the criteria to win more stringent. In 2007, they added a requirement for good protection in rear crashes and required that the vehicle offer electronic stability control. They later added additional requirements for protection in rollover crashes and in front small overlap crashes.

To earn the basic TOP SAFETY PICK award, vehicles must have top ratings in all five crash tests, including a good or acceptable rating in the new front small overlap crash test. To earn the TOP SAFETY PICK+ award, vehicles also have to offer an effective front crash prevention system, either forward collision warning or auto brake.

Front crash prevention systems have been spreading quickly through the vehicle fleet. As a result, there are more 2014 TOP SAFETY PICK+ winners than regular TOP SAFETY PICK winners.

Safety Tips to Avoid Car Crashes

Regardless of how many state-of-the-art safety features your vehicle has, most people would rather avoid a car crash altogether. Here are some helpful tips for staying safe on the road;

  • Don’t allow children to climb around inside the vehicle, they should be properly buckled in their car seats or in seat belts at all times
  • Avoid driving when you’re tired or under the influence of medication. Drowsiness will adversely affect your reaction time.
  • Don’t allow your cell phone to distract you from the task at hand. Don’t text or talk while you’re driving.
  • Drive defensively. Use signals when turning or changing lanes, look both ways before proceeding through an intersection, even if you have a green light, and most importantly, don’t speed. Watching out for other drivers will increase your chances of staying out of a crash.

If you have been injured in a car accident, an experienced personal injury attorney, like those at Phillips Law Firm, can help ensure you receive full benefits from the insurance company and determine whether you can file a claim for additional damages against the party at fault for the crash.

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Semi-Trucks’ Underride Guards Leave Drivers of Smaller Vehicles at Risk

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When a car and a truck collide, the car is at a serious disadvantage. One particularly devastating type of crash is when the car slides underneath the back of a heavy tractor-trailer. The federal government requires that most heavy truck trailers be equipped with underride guards, which are steel bars that hang down from the backs of trailers. These are designed to prevent the front of passenger vehicles from moving underneath in a crash to the back. Most do a good job, thus increasing survival chances during a crash, as shown by a recent test by the Insurance Institute for Highway Safety (IIHS). However, in crashes involving only a small portion of the truck’s rear, most trailers fail to prevent potentially deadly underride accidents from occurring.

Crash Test Results

The Institute tested trailers to see how well guards prevented underride in a 35 mph crash. Trailers were tested from eight different manufacturers, which together account for 80% of the heavy truck trailer market. Each trailer, which met U.S. and Canadian standards, was tested up to three times; in a full overlap crash test, a 50% overlap crash test and a narrow overlap crash test.

All trailers prevented underride in the full overlap crash test at 35 mph. All but one prevented underride in the 50% overlap scenario. And, only one, manufactured by Manac, prevented underride in all three-overlap tests.

Underride Guard Requirements are Inadequate

Modern cars are equipped with a crush zone at the front that is designed to minimize injury to occupants, but this crush zone only works in a collision with a trailer if the trailer’s underride guard stays in place.

Research shows that minimum strength and dimension requirements for underride guards are inadequate, prompting the Institute to petition the National Highway Traffic Safety Administration (NHTSA) for more stringent requirements. Already, though, trailer manufacturers have responded by installing guards that are significantly stronger that the agency mandates.

A likely reason for this is that trailers in Canada have had to meet tougher guard standards since 2007.

Underride Guard Improvements

In their successful underride guard, Manac engineers have moved the vertical supports further from the center of the trailer, which makes the ends of the guard stronger. With this guard, not only did the test car and dummy fare better, but the trailer sustained less damage and was less expensive to repair. The IIHS test indicates that the tougher Canadian requirements are a good first step, but that design improvements are necessary to make underride guards even more effective.

Contact Seattle Trucking Accident Attorneys

If you or someone you love is injured in a trucking accident, an experienced Seattle truck accident attorney at Phillips Law Firm can help. Time is of the essence; so don’t delay. Trucking companies have large firms on their side that are dedicated to protecting their bottom line and limiting their liabilities. You need a firm on your side who knows how to take on the large trucking companies.

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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Report Shows Seattle Drivers Some of the Worst in the Country

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Seattle TrafficAllstate released its 9th annual “Allstate America’s Best Drivers Report” and the results showed that Seattle drivers were some of the worst in the country. If you’ve ever driven through Seattle during rush hour traffic, you may agree with their results. Yet just how bad are Seattle drivers?

Allstate studied customers in 200 of the largest cities in the United States. According to their statistics, drivers in Seattle get into a crash once every 7.8 years. This is significantly higher than the national average of one crash every 10 years. In fact, it was so bad that Seattle ranked 160th out of 200 cities for safe drivers. And it seems that drivers in Seattle are getting worse. Last year, Seattle ranked 154th.

So what can be done about our bad driving? Drivers in Seattle can follow a few simple safety tips while driving.

  • Give Yourself Time: Allow yourself plenty of time to reach your destination. This prevents drivers from growing impatient and speeding, driving aggressively, or performing other dangerous driving maneuvers.
  • Listen to the Traffic Reports: Drivers who know what road situations are like can plan accordingly. This may mean leaving the house earlier than expected, taking an alternate route, or changing your plans all together.
  • Avoid Distracted Driving: Avoid using your cellphone while driving and try to keep your eyes and attention on the road in front of you. Stay focused and watch other cars to avoid collisions.
  • Keep Safe Distances Between Vehicles: Avoid tailgating and keep a safe distance behind other drivers. This will allow you time to react in emergency situations and apply the brake. Give even more distance when you are behind large vehicles, like semi-trucks, and never ever drive in a truck or car’s blind spot.
  • Watch for Pedestrians: At intersections and in neighborhoods, pay close attention to pedestrians in the road. Pedestrians are not always looking out for cars, so motor vehicle drivers should be even more vigilant, especially when there are young children playing nearby.

Contact Seattle Car Accident Lawsuit Attorneys

If a negligent 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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Are Little Cars Really Safe?

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Crash Image From IIHS TestingIf you are considering a minicar as your next automobile purchase, you may want to think again. While smaller cars are becoming popular, they do not stand up to overall crash testing nearly as well as larger vehicles. The Insurance Institute for Highway Safety’s small overlap front crash test found that only 1 minicar out of 11 that were tested achieved an acceptable rating. The rest—FAILED.

Among those tested, only the Chevrolet Spark received an acceptable rating and good ratings in the Institute’s four other crashworthiness evaluations. This was enough to earn the Spark the 2014 Top Safety Pick award. No other minicar passed the test.

According to the Insurance Institute for Highway Safety, “The small overlap front crash test replicates that happens when the front corner of a vehicle collides with another vehicle or object, such as a tree or utility pole”. When they perform the test, 25% of the minicar’s front end on the driver’s side must strike a rigid barrier—at 40 mph. This effectively bypasses the front-end crush zone and makes this test more difficult than other head-on crash tests.

While car manufacturers have found a way to improve vehicle structures on larger automobiles to achieve safety in these tests, minicars are at a disadvantage. Small cars are also at a disadvantage, but as a group, they performed better than minicars. 10 out of 17 small cars tested were able to achieve at least acceptable ratings.

When an automobile doesn’t perform well on the overlap front crash test, it means that vehicle structure is compromised. This can knock airbags out of place and collapse the driver compartment drastically causing serious and fatal injuries.

Of all the minicars evaluated, the Honda Fit and the Fiat 500 fared the worst with serious issues. The Fiat 500 even had its driver door torn off at the hinges. The crash test dummy also hit his head on the instrument panel because the airbag was compromised. He also sustained serious leg injuries as the steering components were pushed back into the dummy model.

Contact Seattle Car Accident Lawsuit Attorneys

If a negligent driver injures you or someone you love, an experienced Seattle car crash 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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Stay Safe: Prevent Tire Blowouts

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They are more than just inconvenient or potentially expensive, tire blowouts are also one of the leading causes of car accidents, and they occur more frequently during the summer months.

In higher temperatures, tire treads wear down more quickly, which can significantly and rapidly reduce the amount of usable wear left on your tires, especially when covering long distances while on vacation.

According to the National Highway Traffic Safety Administration, every year, on average, 400 people die due to complications from an accident involving tire failure. Many factors can contribute to blowouts, including; overly worn or improperly inflated tires, deep punctures, potholes, and overloading a vehicle.

Another safety hazard can occur when large trucks experience a blowout and the treads are left on the highway indefinitely for thousands of other drivers to run over them or try to swerve around them.

Maintaining a safe distance between your vehicle and others while on the road is another smart safety measure. If you are following too closely when another vehicle experiences a blowout, particularly a tractor-trailer, you could be putting yourself in harm’s way.

Inspecting your own tires for proper inflation and wear before taking to the road is always a good idea. New tires typically have a tread depth of 10/32”. Your tires will need to be replaced soon after they wear to a depth of 1/8”. 1/16” is the minimum depth allowed on most states’ roads and is considered extremely hazardous.

The penny test is a simple way to check treads on your tires. Place a penny upside down into the tread of your tires. If you can see Lincoln’s head or space above it, you need to replace that tire immediately. If you cannot see any of Lincoln’s hair, your tires are in good shape.

Uneven wear on your tires could indicate that your car needs other maintenance, such as tire rotation or balance, suspension adjustment or front-end alignment. Consult your vehicle maintenance guide for proper inflation tips and invest in an inexpensive gauge to monitor tire pressure.

Despite preventative measures and advanced tire technology, blowouts still can occur. If your vehicle does have a blowout, try your best to do these three things:

  • Keep your rate of speed up so that following vehicles are less likely to rear-end you
  • Steer against the direction your vehicle is tugging after the blowout
  • As the car stabilizes, slow down and pull over as soon as possible

Seattle Personal injury Attorneys

If you or someone you love has been in a car accident, it is important to seek legal assistance immediately. The Seattle personal injury attorneys 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.

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