Washington Injury Attorney Blog

John Goodman, 48, the founder of the International Polo Club Beach was involved in a motor vehicle accident in February 2010 in which a person was killed. Now, Goodman has gone to great lengths to protect his assets against a likely wrongful death award against him.

Goodman ran a stop sign in February 2010 and collided with a car driven by Patrick Wilson, 23; Wilson was killed in the accident. Goodman was charged with driving under the influence of alcohol, vehicular homicide and leaving the scene of the accident. Reports say that Goodman's blood alcohol content was twice the legal limit at the time of the accident.

Wilson's family filed a wrongful death lawsuit on behalf of Wilson. Wrongful death statutes allow the families of a deceased person to file a claim against the person whose negligent behavior resulted in the death of their loved one.

Goodman, in an attempt to shield his assets from a wrongful death judgment against him, has legally adopted his girlfriend, Heather Hutchins, 42. This move may be beneficial to Goodman because he is legally able to set aside money in a trust for his children which reduces his financial worth when the wrongful death jury awards damages to Wilson's family. Goodman also has two minor children who are legitimate beneficiaries.

A probate court will make the determination of whether the adoption was a sham. If the probate court rules that the adoption was a sham, then Goodman cannot shield his assets in a trust.

Goodman's attorney, Dan Bachi, said the adoption, "has nothing to do with the lawsuit currently pending against him." We wonder if Bachi said this with a straight face or a wink. Goodman's girlfriend and now daughter admits that her dating relationship with Goodman began in 2009.

Hopefully, Wilson's family will get the justice they deserve as their son's life was taken away himself and the family prematurely and he was an innocent victim of drunken driving. And, hopefully Goodman will get the justice he deserves which includes criminal penalties of up to 30 years in prison.

Continue reading "Florida businessman legally adopts girlfriend in attempt to shield assets from wrongful death lawsuit" »

The Pacific Northwest has experienced a severe storm this past week and The Seattle Times reports that 191,000 Puget Sound Energy power customers are without power.

During times of power outages, there are always several incidences of people suffering carbon monoxide poisoning or death.

In Kent, Washington, in two separate incidences, two families were hospitalized after becoming ill from carbon monoxide poisoning. In both cases, the families were using charcoal barbecues for heat according to KOMO News.

Carbon monoxide is a toxic gas that is colorless and odorless and when people are exposed to it without sufficient proper ventilation they are unable to absorb oxygen and they become ill with symptoms what include confusion, headaches, chest pains, confusion, shortness of breath, vomiting, drowsiness and flu-like symptoms. With higher exposure levels victims can experience central nervous system damage, heart problems and even death.

Carbon monoxide poisoning is the number one cause of accidental poisoning deaths every year. According to the Centers for Disease Control, 500 people die and more than 15,000 are treated in hospital ER rooms every year due to carbon monoxide poisoning.

Carbon monoxide poisoning cases arise during power outages when people try to warm their homes with alternate methods including portable stoves, barbecues and generators.

Of course it doesn't have to be the middle of a power outage for carbon monoxide poisoning occur. Faulty appliances, unventilated heaters, clogged chimneys and cars left running in a garage can all lead to carbon monoxide poisoning.

Continue reading "Carbon monoxide poisoning a danger during power outages" »

In mediation, the family of Susan Slattery, 47, has settled a wrongful death and negligence claim against a trucking firm for $40.8M in damages for the trucking accident that claimed Slattery's life and seriously injured her two sons.(Citation: Slattery v. Estes Express Lines, Inc., No. 1116-CV-13913 (Mo., Jackson Co. Cir. June 22, 2011).)

In two separate mediation sessions, Slattery's family was awarded $6.2 for their wrongful death claim, $1.2 million for Slattery's son Peter's injuries and $33.4 million for her son Matthew's personal injury claims.

Slattery was driving with her sons Matthew, 12, and Peter, 15, when a large truck pulling triple trailers rear ended her vehicle. The force of the crash caused Slattery's car to be pushed under the rear of another semi trailer.

Slater died at the accident scene.

Slater's son, Matthew, suffered a traumatic brain injury in the accident. He was hospitalized for a month and is disabled, requiring 24-hour care. His future care and life care costs ranges from between $22M to $30M.He has difficulty communicating as he suffers from aphasia as a result of his head injury.

Slater's son, Peter, has mostly recovered from injuries which included fractures to his pelvis and face. His medical expenses totaled around $220,000 and he is still unable to participate in sporting activities.

Trucker's Negligence
The Slattery family claimed that the semi-truck driver, Douglas Bouch, driving for Estes Express Lines, fell asleep at the wheel causing the accident. They made a claim against Estes Express under the doctrine respondeat superior. They also claimed that Estes Express failed to have an adequate plan to supervise their drivers.

Continue reading "Family awarded $40.8M wrongful death and injury settlement in accident caused by trucker who fell asleep" »

The family of a young man who was struck and killed by a drunk driver has been awarded $11M from a Tennessee jury. The award included $5M in punitive damages. (Citation: Hudson v. Wilcox, No. 26601 (Tenn., Washington Co. Cir. Nov. 18, 2011).)

David Hudson, 27, a small business owner was crossing a street when he was hit by David Wilcox who was allegedly driving while intoxicated and without his headlights on when the pedestrian accident occurred.

Wrongful Death Claims

David Hudson's estate which includes his parents and siblings filed a wrongful death claim after his death. A wrongful death claim can be filed on the behalf of a loved one who has been killed due to the wrongful or negligent act of another. Often times a wrongful death claim arises out of the negligent use of an automobile accident (i.e., a drunk driving accident, a hit and run accident, or a pedestrian accident) but they can also arise from on-the-job accidents, medical malpractice, school sports or even criminal actions such as murder or manslaughter.

Wrongful death claims can also in product liability law in which a person is killed by a defective or dangerous product.

Wrongful death statutes allow the family of the deceased to recover damages for a wrongful death. Damages might include burial costs, medical costs, future lost earnings and pain and suffering.

Punitive Damages

Punitive damages can be awarded by a judge (if a jury trial is not held) or by a jury. Punitive damages do provide compensation to the plaintiffs for their loss but they are damages intended to punish or deter the defendant or others from behaving in a similar fashion.

In the case of David Hudson, the jury was sending a message to drunken drivers that their actions are not to be tolerated.

Punitive damages are applied differently depending on the state. Many insurance companies have lobbied states which have enacted "caps" on punitive damages awards.

Washington Wrongful Death Claims

The Farber Law Group has more than 30 years experience assisting families who have had a loved one die an untimely death whether it was a child who was not supervised properly at school, a construction worker who fell from a poorly erected scaffold or the death of a pedestrian caused by a drunken driver.

Statute of Limitations

Immediate family members of someone who died due to the negligence of another may have a Washington wrongful death claim. Every state has a time limit -- called a "statute of limitations" -- on which a wrongful death lawsuit can be filed in court. You should seek the counsel of a personal injury attorney who is experienced with Washington's wrongful death statute and who can evaluate your claim.

Continue reading "Family of pedestrian killed by drunk driver receives $11M wrongful death award" »

Sometimes the most bizarre stories are true.

Today, The Olympian reported that a 60-year-old woman was arrested after she drove her car 17 miles on Interstate 5 in the wrong direction. The report said that drove north in the southbound lanes at speeds of more than 100mph without her headlights on.

Everyone driving on the stretch of Interstate 5 between Tumwater and Joint Base Lewis-McChord is lucky to have avoided being in a collision though the paper said there were several near misses.

Police were able to apprehend the woman after they used spike strips to stop her car.

Though this story is decidedly bizarre, wrong-way car accidents occur more than one would think. According to the National Highway Traffic Safety Administration (NHTSA) wrong-way car accidents are the cause of 3% of all motor vehicle accidents and 5% of all motor vehicle fatalities.

Causes of Wrong Way Driving

About half of all wrong way driving accidents are caused by people attempting to make a U turn. Unfathomable that it may seem, some people attempt to make U turns on major highways.

The other major cause of wrong way driving is intoxication. Drunk drivers get confused and enter off ramps and start driving down the highway. In fact, most wrong-way car accidents involve either alcohol or elderly drivers.

Elderly drivers can be confused while driving at night time. Many elderly people suffer from cataracts or other vision problems and they have trouble reading traffic signs and become confused with on and off ramps after dark.

Occasionally, a suicidal person will deliberately cross the center line and drive the wrong way.

Avoiding the Wrong Way Driver

Whenever you are driving be sure to scan the road ahead of you and look for emergency situation such as traffic suddenly braking or swerving. Look out for headlights coming in the opposite direction. Use extreme caution when driving in the inside lane of an undivided highway, especially on curves. Most wrong way drivers will drive in the inside lane or inside shoulder thinking they are on a two-lane road.

Results of Wrong Way Driving

Most wrong way drivers cause head-on collisions or side swipe accidents. These are some of the most serious types of accidents and they often result in catastrophic injuries, such as spinal cord injury, traumatic brain injury, or death to the wrong way driver and to the innocent people he or she runs into.

Car Accident Help

If you or a loved one has been seriously injured or killed by a negligent driver, you are advised to seek legal help. The reason is that a Washington personal injury attorney investigating your car accident would determine whether there was alcohol consumption by the driver who caused your crash. In some circumstances, you might be able to make a claim against the establishment that served the alcohol.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those who have died. We provide a FREE and CONFIDENTIAL case evaluation and we will honestly assess your case with no pressure put on you to sign anything.

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Continue reading "Wrong way driver drives 17 miles on I-5 nearly avoiding car accidents" »

You are standing at a rental car counter and the rental agent asks you if you want to purchase car insurance on the vehicle you are renting. Should you purchase the insurance? Does the insurance you purchase for your personal automobile cover a rental car?

The car rental company will likely tell you that buying additional insurance will give you "peace of mind" or that the insurance you purchase through them has "no deductible" which can save you in the case of a car accident.

It is a good idea to check with your insurance company about your own policy because policies can vary from state-to-state and you want to make sure you are adequately insured. Sometimes even your credit card company will reimburse you for your deductible if you are involved in a motor vehicle accident in a rental car.

Non-Owned Car Coverage

When checking with your insurance agent, be sure to ask the question, "Do I have Non-Owned Car Coverage."

We were reading a court decision, Chandler v. Geico Indem. Co, 2011 WL 5864808 (Fla. Nov. 23, 2011) in which the case decided the question, "Does Geico's Non-Owned Car Coverage cover motor vehicle accident injuries caused by the negligent use of a rental car even though the driver of the rental car was not an authorized driver under the rental car contract?"

In this case, the Florida Supreme Court ruled that the rental car was a "temporary substitute auto" under the insured's automobile insurance policy and therefore Geico was liable for injuries.

The case arose when Kutasha Shazier rented a car from Avis because her auto was in the repair shop. The rental car contract stated that Shazier was not authorized to allow additional drivers of the rental car unless Avis provided prior written approval.

Shazier's personal car insurance with Geico provided "Non-Owned Car Coverage" to cover a temporary substitute auto not owned by Shazier but temporarily used with the permission of the owner.

Shazier lent the rental car to Tercina Jordan who was involved in a single-car accident in which one passenger was killed and several others were injured. The injured passengers and the deceased passenger's estate filed a lawsuit against Shazier and Jordan. Geico, Shazier's insurer argued that they did not have to cover damages because the rental car was not a temporary substitute because Jordan did not have Avis' permission to drive the vehicle.

The court ruled that the rental car qualified for insurance under Geico's "temporary substitute auto" policy and even though it was not owned by the insured person it could be considered an "owned auto" and the insurer must cover the insured and any person using the vehicle that Shazier had given permission to.

How a Personal Injury Attorney can Help You in a Car Accident

Even though you may large insurance premiums, your insurance company may not one to pay a legitimate claim or they might want to lessen your award. A Seattle personal Injury attorney can help you fight insurance companies after your accident. You will likely receive a greater award if you hire a qualified and experienced lawyer to represent you. And, in a complex case like the one we described above, hiring a personal injury attorney is absolutely essential.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a personal injury law firm representing clients with car accident injury claims throughout the greater Seattle-Bellevue-Tacoma metropolitan area and throughout the Pacific Northwest. We provide FREE and CONFIDENTIAL case evaluations so contact us today.

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Automobile Accident Questions

Continue reading "Does my car insurance cover an accident in a rental car?" »

We get this question a lot. You lend your car to a friend or your roommate borrowed your car without permission and they crashed your vehicle and perhaps even injured another person in the process. "Who is liable for damages when someone else was driving my car?""

If someone else is driving your car and is involved in a motor vehicle accident, your car insurance will pay for the damages. Car insurance is generally with the car and not the driver. Regardless of who was driving your vehicle, your car insurance policy is considered the primary policy.

Of course there are exceptions to this and scenarios that involve claims that exceed the coverage amount.

One case that recently settled was Roberts V. Deane in California. (Citation: Roberts v. Deane, No. 2:10-cv-06354 (C.D. Cal. July 8, 2011).) In this case, Nicole Deane was driving a car owned by her friend Sandy Robert's father and Sandy was a passenger in the vehicle. While driving, Deane attempted to pass a slower moving vehicle in a no-passing zone and she ended up in a head-on collision with a pickup truck. Tragically, Sandy Roberts was killed in the car accident and a couple of passengers in the pickup truck suffered serious injuries.

Manuel Mosqueda, 55, a pickup truck passenger, suffered multiple blunt-force trauma injuries, a head injury, fractures to his ribs and back injuries. His medical expenses were over 100,000 and he has future medical expenses which may run up to 100,000. He also experienced loss of present and future earnings of around 250,000

Another passenger in the pickup truck, Karla Reyes, 30, suffered a "hangman's fracture" which is a hyperextension injury that can occur when the face or chin strike an object. This is a common injury when a person who is involved in a motor vehicle accident strikes the windshield or the dashboard. Reyes suffered blunt force injuries to her abdomen, spine, chest and thorax and now lives with severe neck pain. Her breast was also disfigured in the accident. Her medical expenses were calculated at 64,200 with future medical expenses estimated at $150,000.

After the accident Reyes and Mosqueda filed a negligence lawsuit asking for compensation for their damages.

Robert's parents filed a wrongful death lawsuit on behalf of themselves and their son's estate. A wrongful death lawsuit can be filed on behalf of a deceased loved one when another person's or entities negligence caused the death of a loved one.

All parties to the lawsuit settled before it went to trial. In this case, Deane had a $2.6 million insurance policy limit and her insurance paid $2.2 million to the Roberts plaintiffs and $400,000 to Reyes and Mosqueda. The Roberts also recovered $600,000 from their own underinsured motorist policy. Additional proceeds from the Roberts policy included a payment of $100,000 to the Roberts, $100,000 between Mosqueda and Reyes, and $100,000 to three occupants of the pickup truck who did not file claims.

This case is an example of when you should hire an attorney because of the complexities of the claim, the multiple claimants and two auto insurance policies.

This information is provided by Washington Injury Attorney, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by the negligence of another. With our help, you may recover compensation for your damages.

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Continue reading "Who is liable for damages in a car accident when someone else was driving your car?" »

The Federal Drug Administration has issued a warning to health care professionals after a pharmacist mixed up two medications with similar sounding names causing serious injury to a patient's eye.

The FDA says that a pharmacist accidentally dispensed Durasal, a wart remover, instead of the steroidal eye drop Durezol to a patient, resulting in serious injury. Durezol was being prescribed to the unnamed patient to help with inflammation and pain after eye surgery. Durasal contains salicylic acid and one can only image the pain that the mistake caused to the patient.

The FDA says that this is not the first time the two similarly named products have been confused. According to the FDA, in the other cases, the prescription error was discovered before the patient actually used the eye drops.

The FDA says Durasal has not been approved by the FDA for wart removal and has asked Elorac, Inc., the drug's distributor, to remove the product from the marketplace.

As part of the FDA approval process, drugs are supposed to be screened for similar names but in the case of Durasol,the drug had not been screened by the FDA.

Preventable medication errors can result in serious physical injury to patients and sometimes even death. Medication errors can occur to one of 25 hospital patients and it is estimated that medication errors result in more than 48,000 patients every year.

The following are some common reasons for medication errors:

• Medication prescribed without knowledge of a patient's allergies, lab results, diagnosis.
  
• Insufficient drug information -- not understanding drug interactions or having information about a drug recall.
  
• Misreading of a prescription due to poor handwriting
  
• Confusion between drugs with similar names.
  
• Confusion regarding dosage units.
  
• Lack of proper labeling.
  
• Improper storage of medications which can affect their potency.
  
• Distraction to the pharmacist which can cause lead in a medication mistake.
  
• Overworked pharmacists.
  
• Relying too heavily on technicians.

Medication errors can cause serious injury and even be deadly. If you or a loved one has been injured by a medication error, you should seek medical attention immediately and you should bring all your medications with you if you are not in a hospital setting.

If your injuries are serious, you might want to consider contact an experienced personal injury attorney who can help you make a claim against the professional’s medical malpractice insurance to cover your damages.

The Farber Law Group, a personal injury and medical malpractice law firm has more than 30 years experience representing people seriously injured by medical malpractice and pharmacy errors. We represent our clients on a contingency basis which means that our clients pay a percentage of the recovery from the settlement or verdict in the case.

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Continue reading "Medication error results in FDA action" »

The King County Medical Examiner's (ME) office released their 2010 Annual Report on the investigation of 150 car accident fatalities. While the deaths are listed as "accident" on the death certificate, the ME says the more correct term is "motor vehicle collision."

The Medical Examiner’s office investigates deaths when the death is sudden, violent, unexpected or suspicious. Commonly, they investigate deaths caused by motor vehicle accidents and other accidents such as those that happen at the workplace or in the home. The information tabulated by the ME office allows public institutions to track trends in injury and violence.

The Medical Examiner's report includes 53 fatality investigations where the car accident occurred outside of King County; The King County Medical Examiner investigates a car accident death when the injured victim died after being transported to the Harborview Medical Center, a Level I trauma center, located in Seattle, Washington.

The Medical Examiner report found that of the 150 deaths they investigated:

• In 46% of the cases, the person killed was the driver.
  
• Deaths to teenage drives decreased in 2010 from 10% to 7% of the drivers, a total of 5 teenage drivers killed.
  
• 75% of the drivers killed in motor vehicle accidents were male.
  
• 27 automobile passengers were killed.
  
• No infants were killed and there was only one car accident death of a young child under the age of five.
  
• 35% of the drivers that were killed were not wearing seat belts.
  
• 24 of the 150 killed were motorcycle riders. 83% of the motorcyclists killed were wearing helmets.
  
• 27 pedestrians were killed
  
• 3 bicyclists were killed.
  
• 30% of those killed tested positive for alcohol.

When a person is killed in a motor vehicle accident, the Medical Examiner's investigation report provides necessary information used in settling insurance claims or in criminal or civil proceedings. When a person is killed in a motor vehicle accident due to the negligence of another, the ME’s findings can be used in a wrongful death lawsuit because it contains scientific information about the death and existing pathology.

Wrongful Death Lawsuit

If a loved one has been killed in a motor vehicle accident due to the negligence of a driver, the family of the deceased is entitled to bring forth a wrongful death lawsuit on behalf of their deceased loved one. Washington State has a wrongful death statute which allows the family to recover damages in a civil action.

Source: 2010 KCMEO Annual Report
When filing a wrongful death lawsuit, The Farber Law Group advises hiring a personal injury law firm with an extensive experience in handling wrongful death cases.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group.

Continue reading "King County Medical Examiner releases report on 2010 traffic accident deaths" »

The wife and daughter of Othon Cortes of Miami have filed a wrongful death lawsuit against American Airlines and Sky Chefs, an airline catering company, alleging that food contamination of a chicken meal that Cortes consumed on a Barcelona to New York flight on May 18 caused him to become ill and led to his fatal heart attack.

The family is asking for $1 million in damages.

Cortes experienced symptoms of food poisoning including severe stomach cramps and extreme thirst that came on suddenly after he arrived at JFK and not long after he consumed his airline meal. Cortes went ahead and boarded his Miami connecting flight where he experienced a cardiac emergency with symptoms of nausea and shortness of breath. American Airlines landed the plane at Norfolk but Cortes was deceased by the time the flight landed.

Cortes' family claims that the meal was contaminated with Clostridium perfingens bacteria, the third leading cause of food poisoning in the United States.

The bacteria can grow in food that is prepared properly but if too much time elapses before it is served bacteria germination can occur and bacterial colonies can form.

Most times when food is contaminated by C. perfingens it is not lethal

Sky Chefs is attempting to dismiss the case against them saying:

"Based upon the allegations in the complaint it is not possible that Sky Chefs is the responsible party because we did not cater the Barcelona flight in question."

There are a lot of unanswered questions about this case. Most cases of food contamination do not present for 12 to 24 hours. The claimants will need to provide an autopsy report which reveals the presence of perfingens and show how that bacteria contributed to Corte's death.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have serious illness due to foodborne illness and the family of those who have died.

Source: Passenger dies in-flight, family says airline to blame
By Tanya Mohn, msnbc.com contributor
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Continue reading "Family files wrongful death lawsuit against American Airlines and Sky Chefs saying food poisoning was a factor in man's death" »

A Washington State Appeals Court has ruled that Pierce County cannot require owners of dogs that animal control officers have deemed to be "dangerous" or “potentially dangerous” to pay fees to appeal the county's ruling on their dog.

Pierce County constructed an animal control ordinance that allowed them to deem any dog a "dangerous animal" if the dog:

• bit a person without provocation
  
• injured or killed another animal without provocation
  
• has previously been found to be potentially dangerous and the owner was previously warned of the animal being aggressive and a danger to human or other animals.

If an owner wanted to appeal the county’s decision, they were required to pay fees for appeal hearings upwards of $500.

A dangerous dog designation requires owners to purchase a $250 permit and buy $25,000 in insurance that allows them to keep a dangerous dog.

The case came before the appeals after one dog owner, Heidi Downey, appealed the ruling that her dog was dangerous after it injured another dog that had to be put to sleep. Downey was required to pay $125 of an initial hearing on the ruling and another $250 for a hearing before an examiner.

The appeals court found that requiring owners to pay such stiff fees to get a hearing is tantamount to “purchasing justice” and that the fees denied owners due process.

Due process is guaranteed by the Bill of Rights and it balances the rule of law with an individual’s rights. Due process allows all people to have access to the judicial system regardless of their financial status.

Pierce County argued that without fees that some owners may have “frivolous appeals”. The court, however, felt that dog owners were legally entitled to a hearing before they were deprived of their property.

According to the Centers for Disease Control approximately 4.5 million people suffer dog bites every year and 31,000 people are so severely bitten or injured that they require surgery. In addition, approximately 16 people are killed ever year because of a dog attack.

Washington state does have a dog bite law, RCW 16.08.040 which states that the owner of a dog that injures another person, regardless of whether the dog was previously declared dangerous, to be liable for the injuries to the dog bite victim.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group, a Seattle dog bit lawyer. We represent people who have suffered serious dog bite injures. With our help, you may recover compensation for your damages.

Source: Pierce County's dangerous-dog policy unconstitutional, judge rules, The Tacoma News Tribune, 12/04/11

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Continue reading "Washington appeals court says Pierce County "dangerous dog" policy unconstitutional" »

Not so long ago in the United States, the legal standard for drunken driving was 0.15%. The standard from state-to-state varied but in 2011, the standard was set to 0.08%. The blood alcohol content can be measured either by a breathalyzer, through urinalysis or a blood test.

Even though the standard was lowered to 0.08%, the U.S. still has one of the most lenient drunk driving policies in the world when compared with other nations. Some nations including Brazil, Hungary and Romania have a zero tolerance policy. Other countries such as Canada and New Zealand have a zero policy for young drivers Norway, Puerto Rico and Sweden have a 0.02% standard. Countries that have a 0.05% policy include Argentina, Canada, Denmark, France, Ireland and Switzerland.

Studies have shown that at BAC levels of between .030 and 0.059%, people experience euphoria and lose concentration. At levels up to .09%, people have impaired reasoning, depth perception, peripheral vision and problems recovering from glare.

The author of One for the Road: Drunk Driving since 1900, Barron H. Lerner, doesn't believe that we have the political will in the U.S. to lower the blood alcohol content standard. He believes that technology may be the answer to preventing intoxicated drivers from driving. Mothers Against Drunk Driving concur and believe that new technologies could save an estimated 8,000 lives each year.

The Driver Alcohol Detection System for Safety (DADSS), a partnership of the Alliance of Automobile Manufacturers, Inc. and the National Highway Traffic Safety Administration (NHTSA), is working to develop a couple of technologies which would prevent an intoxicated driver from being able to start their motor vehicle.

One proposed technology would be to have sensors on the steering wheel which would scan a driver's skin for blood alcohol content.

Another technology, already commonly in use, is to fit all cars with an interlock device which measures a person’s BAC via their exhaled breath. Drivers who have been convicted of drunken driving are often ordered by the court to install an ignition interlock devices. In Washington state, interlock devices prevent a person’s vehicle from starting if their BAC is over 0.25%. The court will require an interlock device for convictions of reckless and negligent driving.

The problem with the interlock device is that many drivers try to circumvent it because it is costly or because they want to continue their behavior. People have been known to have companions blow into the interlock device or they will drive someone else’s car.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We are a Seattle Personal Injury Law Firm and we represent people who have been seriously injured in motor vehicle accidents caused by drunken drivers and the family of those killed. With our help, you may recover compensation for your damages.

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Continue reading "Are new technologies the solution the drunk driving problem?" »

Thanksgiving is a wonderful holiday that most Americans enjoy really look forward to. Most families cook a turkey and try hard to serve a turkey that is moist tender and juicy.

In the past few years, home chefs have embraced deep frying the turkey because it does not require as much cooking time than other methods such as baking or grilling on a rotisserie and it leaves the meat juicy with a crispy skin.

Deep frying turkeys can be delicious but every year fires related to turkey fires result in approximately five deaths and 60 burn injuries and the damage or destruction of nearly 900 homes.

These facts are pretty scary but they should not deter you from frying your turkey if this is your preferred cooking method. However, you should follow these safety tips:

• Never fry a frozen turkey. Defrost your turkey fully before frying.
  
• Watch the oil thermometer. You should keep your frying oil around 350 degrees. Allowing the oil to over heat to 400 degrees or more can cause a fire.
  
• Don’t overfill the fryer with oil. If you put too much oil in your turkey fryer and then add your turkey, it will overflow and the oil can come in contact with the flame and catch on fire.
  
• Do not fry your turkey indoors. You should fry your turkey away from garages, wooden structures and the deck so that if it catches on fire it does not catch your home on fire. You should never fry your turkey inside.
  
• Keep a fire extinguisher handy.
  
• Wear proper protective gear including heavy gloves or oven mitts and wear proper shoe coverings.
  
• Lower and remove the turkey slowly to avoid splashing.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have suffered burn injuries due to car accidents, industrial accidents and household accidents.

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Continue reading "Be careful frying that turkey!" »

The United States has made huge strides against drunk driving. In the past 50 years, the number of drunk driving car accident deaths have dropped from 25 thousand deaths a year to 10 to 11 thousand deaths per year. Still, according to the Centers for Disease Control (CDC), there are 110 million instances of drunk driving in the U.S. every single year.

Compared to other countries, the U.S. is very permissive about the driving under the influence says the author of a new book, "One for the Road -- Drunk Driving Since 1900", Barron H. Lerner, a Columbia University Professor. Says Lerner, "You can still drink an awful lot in this country and get into your car and drive legally."

In his book, Lerner says that while the U.S. allows a driver to have up to a 0.08% blood alcohol content (BAC), countries like Sweden and Norway are considerably more strict and their legal limit is 0.02%.

Lerner conducted an experiment upon himself and found that it took about 5 shots of alcohol for him to reach a BAC of .08% and he found himself "pretty wasted" at that point. Still, he says, had he had one fewer drinks and a BAC of .075%, he still would have been to drunk to drive.

In his fascinating book, Lerner discusses the attitudes towards drinking and driving in this country. For example, he does not feel like there is the political will in the country to lower the blood alcohol limit for driving so he opens that new technologies like breathalyzers may be part of the solution to the problem.

The author feels that Americans should more heartily embrace the concept of a designated driver. He says Americans are still reticent to designate a non-drinking driver while in other countries designated drivers are enthusiastically embraced.

Lerner says that 50 years ago, a victim of a drunken driver was viewed at someone "in the wrong place at the wrong time" or someone "whose time it was to go."

At The Farber Law Group, a Bellevue personal injury law firm, we represent victims of drunken driving. Many of them have serious injuries due to the negligent behavior of the person who decides to get behind the wheel and drive while intoxicated. With our help, victims can recover their damages which includes medical expenses, lost wages and for pain and suffering.

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Marie-Therese Connolly, the director of Life Long Justice,a non-profit which works to protect the elderly, describes the sometimes hidden signs of elder abuse. She says bruises in unlikely places such as the bottom of the feet, genitalia, head, neck and inner thigh can often be a sign of elder abuse.

Other signs of elder abuse can include unexplained urinary tract infections, falls and bed sores.

Life long Justice provides some chilling numbers about elder abuse. According to their web-site:

• up to 11% of people ages 60 and over are victims or elder abuse, neglect or exploitation
  
• Nearly 50% of dementia patients that live at home are abused or neglected
  
• Elder abuse is grossly under-reported, LLJ say that for every reported case, 23.5 cases are not reported.
  
• 50-90% of nursing homes do not have adequate staffing which can lead to neglect.

Connolly, who recently was named a MacArthur fellow, is working to educate the medical professionals and the public the signs of elder abuse. She advances the use of forensics and research so that abuse can be detected and responded to. She says:

 "Advancing forensic knowledge is important so social and protective services workers, physicians, emergency room personnel and prosecutors know what to look for and what kinds of questions to ask about injuries."

For more information, see the Life Long Justice web-site.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent the victims of elder abuse and their families.

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A one-year-old boy suffered a serious head injury when a TV fell off of a motel room dresser and fell on top of him.

According to a report on Fox news, the boy was playing with his brothers in their room when they bumped a dresser that the TV was on and it toppled on him. The boy is in critical condition at Primary Children's Medical Center in Salt Lake.

TV tip-over accidents are more common than one might think. The Consuper Product Safety Commission estimates that at least 180 people were killed between 2000 and 2006 when furniture or TV toppled over them. In 2006 alone, there were 16,300 injuries to children under the age of six in tip-over accidents. In 2008, the CPSC published Instability and Tipover of Appliances, Furniture and Televisions: Estimated injuries and Reported Fatalities. The CPSC children often suffer catastrophic brain injuries or are suffocated in these accidents.

The CPSC recommends that TVs and furniture be secured to the wall to avoid tipover accidents as these accidents typically occur when children climb onto furniture or appliances or when a TV is perched on a piece of furniture that was not designed for it.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in slip, trip and fall accidents and the family of those who have been killed.

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A deadly Listeria outbreak has killed at least 23 and caused more than 166 people to become ill. The Listeria outbreak is linked to Rocky Ford cantaloupe from Jensen farms in Colorado. People in 20 states have reported illness, however, there have been none reported at this writing in Washington state.

Listeria is a foodborne illness and symptoms of the infection may take a while to develop but they can include severe fatigue, muscle aches and disorientation. Most of the people who have become ill from this outbreak have been hospitalized.

One form of Listeriosis, a disease caused by the Listeria bacteria, has a mortality rate of 25%. Two complications of Listerioris is sepsis, a systemic inflammator response and infection, and meningitis.

The Food and Drug Administration (FDA) is in the process of investigating how the cantaloupes caused so many to become ill.

In this Listeria infection outbreak, most of the patients were elderly and had frail health. Listeria is an opportunistic infection and like E-coli and Salmonella, it can threaten the life of the elderly, pregnant women, the very young and people with compromised immune systems.

President Obama recently signed a food-safety law which will increase inspections of fields and processing plants before illness strikes and people die. Currently, the FDA only sporadically inspects farms and usually only after foodborne illness strikes.

People who become ill from foodborne illness and the family of those who have died are advised to seek the counsel of an experienced foodborne illness attorney. With expert legal representation, victims can often obtain compensation for their medical costs and for their pain and suffering.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We have successfully represented clients who have become ill due to foodborne illness. In one case, we obtained a $1.5 million judgment for a victim of E-coli illness in Washington state.

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In the past decade, the number of car accident deaths have steadily declined. Unfortunately, that can not be said for pedestrian accidents. Every year, more than 4,000 people are killed in pedestrian accidents and nearly 70,000 pedestrians are injured.

Whether you are running, jogging or walking your dog, you need to be especially careful now that fall is upon us and the days are shorter.

One of the most common sense suggestions for pedestrians is to wear clothes so that you will be seen. A white shirt, a reflective vest and lights made for runners/walkers can help you stay visible. It is amazing the number of pedestrians who just do not make themselves visible.

The National Highway Traffic Safety Administration and the Centers for Disease Control provides the following safety tips for pedestrians:

• Cross at designated intersections where drivers most expect pedestrians.
  
• Pedestrians should be especially careful at intersections. Some drivers may fail to yield or they may fail to notice pedestrians when they make a turn.
  
• Avoid crossing freeways or highways as cars travel at high rate of speeds and pedestrians often miscalculate their ability to cross the highway.
  
• Do not cross train tracks except at marked railroad crossings and NEVER cross tracks unless barriers are not down.
  
• Wear reflective clothing and carry a flashlight.
  
• Walk or jog on sidewalks.
  
• If there is no sidewalk, walk facing traffic.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in pedestrian accidents due to the negligence of a motorist and the family of those killed. With our help, you may recover compensation for your damages.

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In the past couple of years, quite a few medical devices have either been recalled or come under scrutiny after reports of patients being seriously injured or killed due to a defective device. In the case of DePuy's artificial hip implant, Johnson & Johnson's surgical mesh product for pelvic organ prolapse (POP) and the Myxo ETIlogix annuloplasty ring, these devices were approved by the FDA through the 510(k) process which allows new medical devices to come to market through a nominal premarket approval process.

Now, the U.S. Institute of Medicine, a non-governmental non-profit organization which provides unbiased and authoritative advice on science, medical and health issues, is calling for a complete overhaul of the FDA process for approving new medical devices.

A medical device can be a simple tool like a thermometer, bandage or complex such as pace-makers, artificial hips or MRI machines. The FDA is responsible for ensuring that a medical devices have a "reasonable assurance of safety and effectiveness" before it can come onto market. Devices that may pose some risk to patients must be cleared through the Section 510(K) process.

The 510(k) process is a "fast track" through FDA approval and allows manufacturers to claim that a new device is substantially equivalent to other devices and therefore do not require expensive medical scrutiny and clinical trials. In the case of the DePuy hip implant that was recalled, the design was of significant departure from previous hip implant designs but was still given market clearance.

The Archives of Internal Medicine published a study that found that medical devices that resulted in serious patient injury or death were more likely to have been approved by the FDA through the 510(k) process.

On July 29, 2011, the U.S. Institute of Medicine published the results of a study of the FDA approval process which found that the 510(k) process is flawed and rather than trying to fix it, the FDA should develop "an integrated premarket and post market regulatory framework that provides a reasonable assurance of safety and effectiveness throughout the device life cycle." (Read the Press Release, "FDA Should Invest in Developing a New Regulatory Framework To Replace Flawed 510(k) Medical Device Clearance Process")

Pressure is on the FDA to change the approval of medical devices but also to put in place a system in which problems with the devices are tracked and patient symptoms noted.

Hopefully, the FDA will move forward with insuring patient safety from defective medical devices.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured by defective medical devices and through medical malpractice.

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KOMO News reports that a Boise, Idaho woman was arrested for DUI twice within in a five hour period.

According to the report, Michelle Caves, 47, was arrested at around 5:30pm on Tuesday and her blood alcohol content (BAC) was measured at four times the legal limit.

Caves was booked and released whereupon she returned to her vehicle around 10pm and drove again. Police stopped her and this time her BAC was about three times the legal limit. She was re-arrested.

This scenario happened in Washington state quite frequently but the legislature just enacted a 12 hour DUI impound law, Senate Bill 5000. The law which went into effect this month allows police to impound a drunker driver's for 12 hours after they arrest someone for DUI.

The Washington law, known as "Hailey's Law" was enacted to prevent the scenario that we see in this case. The woman in the KOMO news story could have very well gotten into a motor vehicle accident and seriously injured or killed someone.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in accidents caused by drunken drivers and the family of those killed.

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