Articles Posted in Wrongful Death

sr522.jpgAn elderly couple from Redmond has been killed and two other people were critically injured on Monday afternoon in a head-on collision on State Route 522 near Fales Road outside of Maltby.

According to news reports, it appears that the male driver of a Mitsubishi Eclipse heading eastbound drifted out of his lane, over-corrected and then crossed the center line striking a Ford Fusion head-on. Speculation is that the driver may have been distracted.

A female passenger riding in the Ford died at the accident scene. The driver of the Ford died at Harborview Medical Center in Seattle.

The Mitsubishi driver along with a female child who was riding in the rear seat are said to be in critical condition at Harborview.

State Route 522 was listed in a 1995 Reader’s Digest article as “America’s Most Dangerous Highways.” Forbes Magazine, in a July 2007 article, also listed the highway in an article titled “America’s Killer Roads.”

State Route 522 is on slate for being widened but lack of funding has stalled the project.

Distracted Driving and Car Accidents

The Washington State Patrol will investigate this accident and determine what role driver distraction played. The National Highway Traffic Safety Administration (NHTSA) estimates that 10% of all fatal car accidents in the U.S. involves driver distraction.

Driver distraction can include any behavior which takes the driver’s eyes, hands or mind off of the task at hand, which should be driving. It can include any of the following driver behaviors:

  • Taking eyes off of the road — including to read billboards, looking at things in the car, looking into the mirror, personal grooming, reading a map, reading a text, reaching for something that has fallen and looking after children.
  • Taking hands off of the steering wheel — including taking hands off the wheel to text, eat, drink, use a cell phone, manipulate the radio or CD, manipulating automobile controls.
  • Driving without being mindful — including talking with passengers, being preoccupied, daydreaming, using a cell phone.

Distracted Driving Liability in Washington State

In Washington state, distracted drivers can be held liable for the injuries or the deaths caused by their action. The victim, or the family of a victims, can file a claim against the driver to recover compensation for medical costs and other losses.

In the case of a victim who has died, the family is entitled to file a claim under Washington’s wrongful death statute. In the case of a fatal car accident, the family can request compensation for medical expenses, burial expenses and sometimes other damages such as loss of consortium.

Bellevue Attorney Represents Car Accident Victims

The Farber Law Group is dedicated to providing distracted driving victims with excellent legal representation. We have more than 40 years experience and are prepared to handle the most complex personal injury or wrongful death claims. We serve clients throughout the greater Seattle area, King County and Western Washington.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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KOMO News reports than a 73-year-old woman was killed in a Edmonds pedestrian accident on Tuesday afternoon.

The accident occurred near 4th Avenue North and Bell Street. The woman died at the accident scene.

According to the report, the 36-year-old driver was making a left-hand turn when the pedestrian was hit.

This accident occurred just a few hours after two pedestrians were struck in a crosswalk in downtown Seattle as a driver was making a left hand turn.

Left hand turning drivers often fail to look for pedestrians

Drivers making a left hand turn are a leading cause of pedestrian accident on city streets. In fact one of five intersection accidents at intersections with signals involves a left hand turn driver striking a pedestrian. When drivers can only turn left with a green arrow, the likelihood of a pedestrian accident is diminished. Often — in up to 11 percent of cases — drivers fail to look for pedestrians as they make a left hand turn because they are busy looking for oncoming traffic.

As crazy as it may seem, some recommend that drivers avoid making left hand turns when at all possible. Other people call for pedestrian scrambles, or intersections which are lighted so that all traffic stops and pedestrians are able to cross the road in any directions.

If you or a loved one has been injured, or a loved one killed, in a motor vehicle accident due to a driver making a left hand turn, call us for a free consultation.

The Farber Law Group, a Bellevue, Washington, law firm, is experienced in handling left hand turn accident cases. We are happy to offer you a free and confidential case consultation.

The Farber Law Group is a Bellevue personal injury  law firm that concentrates in personal injury actions such as left hand turn accident cases, motor vehicle accidents, bus accidents, car accidents, pedestrian accidents, bicycle accidents and wrongful death claims.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Bellevue personal injury attorney represents workers injured in forklift accidents and the family of those killed
forklift and construcation accident lawyerForklift trucks are amazing industrial machines which can be found in almost every warehouse and manufacturing plant and on many construction sites across the U.S. Forklift sales are enormous with sales of over $30 billion in 2013. There are four basic types of lift trucks: Diesel powered; Electric powered; Gasoline powered; LP-Gas powered
Forklifts have increased warehouse capacity by allowing for narrower aisles and higher stacking levels.

Unfortunately, there are approximately 85 workers killed in forklift accidents and another 34,900 workers who are seriously injured. 42% of all fatal forklift accidents occur when a forklift tips, crushing the operator.  

The U.S. Occupational Safety and Health Administration (OSHA) regulates the use of forklifts or lift trucks throughout the U.S. because they pose hazards to both forklift drivers as well as pedestrians working in proximity to the forklift. OSHA requires that forklift operators be at least 18 years of age and that the operator get certified for the class of forklift they are using.

CFR1910.178: “Only trained and authorized operators shall be permitted to operate a powered industrial truck.”

Forklift hazards
Depending on the type of forklift, different hazards are presented. For example, a hand truck forklift is more apt to be involved in a falling load accident because a sit-down rider truck has a higher lift capacity.

Types of forklift accidents

  • Driving forklift accidentally off of a loading duck
  • For k lift falls between a trailer that is not secured and a loading dock
  • Fork lift hit crashing into another motor vehicle accident
  • Forklift drift or tip over accident
  • Driver attempting to perform stunts
  • Tip over accident caused by unbalanced load
  • Items not being properly fastened to a pallet that the forklift is lifting
  • Forklift operator attempting to go through a narrow aisle with a wide load

Forklift training
Good forklift operating training begins with a qualified instructor. Instructors must have sufficient experience, knowledge and teaching skills to train others.

Operators must earn their certificate and then get refresher training if and when they are observed operating a forklift unsafely, if they’ve received an unsatisfactory evaluation, whenever they are required to operator a different type of lift or when workplace conditions have changed sufficiently to require additional training.

If you or a loved one was seriously hurt in a forklift accident, you should seek legal advice to protect your rights to workers’ compensation and for potential liability claims against your workplace or or a third party. The Farber Law Group has more than 40 years legal experience and we have helped many injured workers maximize their compensation for lost wages, medical expenses and for other non-economic damages. We also assist families whose loved ones have been killed with their wrongful death claims.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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An unidentified 41-year-old Federal Way man was struck and killed Thursday night when a man running a red light struck him across from a Puyallup car dealership where the man worked.

The pedestrian accident occurred at North Meridian and River Road in Puyallup.

The driver, a 64-year-old Olympia man, may be charged with vehicular homicide in the accident as police believe he was under the influence or drugs and speeding at the time of the pedestrian accident.

Vehicular Homicide in Washington state is a very serious crime. RCW 46.61.520 Vehicular Homicide is the state vehicle law which provides penalties for killing someone while driving under the influence of alcohol and or drugs or driving with reckless disregard as to the safety of others.

Penalties for vehicular homicide can vary but a driver who is convicted of vehicular homicide with DUI faces a prison sentence of between six-and-a-half and eight-and-a-half years and will have a permanent felony record.

Bellevue vehicular homicide attorney represents victims’ families

Often when a person dies suddenly as a result of a pedestrian or car accident, the fault often lies with the a driver who was driving while intoxicated, driving recklessly or driving negligently. For the family of the victim, it is a very difficult time while the guilty part faces criminal charges as the family is dealing with grief and the financial hardship which can result from losing a family member who provides for a family.

The Farber Law Group, a Bellevue personal injury law firm, has more than 40 years experiences representing families with their wrongful death cases involving vehicular homicide. Our Washington car accident attorney helps families fight for compensation for burial expenses, loss of future earnings, grief and loss of companionship.

Help the family of Washington vehicular homicide victims

While Washington state pursues criminal charges against a drunk driver, a vehicular homicide attorney may prove critical to a family’s ability to press forward a civil case to pursue monetary damages.

Common causes for vehicular homicide include drunk driving, reckless driving and distracted driving including texting while driving. Whether you lost your loved one in an accident involving a car, semi truck or whether your loved one was killed in a pedestrian or bicycle accident, our car accident attorneys will help you achieve justice.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Five students, their charter bus driver, three chaperones and the driver of a FedEx semi-truck were all killed yesterday when the FedEx truck crossed the centerline and struck the tour bus head-on on Interstate 5 in Northern California reports The Seattle Times.

Both the bus and FedEx truck burst into flames and not all students were able to escape.

Investigators are trying to determine what caused the FedEx truck to veer out of its lane, cross the center median.

Investigators will attempt to determine if the FedEx driver had fallen asleep, if there was mechanical failure or if a previous collision caused the FedEx driver to lose control.

Investigators say that one other vehicle, a Nissan sedan, was involved in the accident but its occupants injuries were not life threatening.

The students all attended LAUSD schools and were on a college trip to visit Humboldt State University in Northern California when the accident occurred.

The NTSB says that they made proposals to the design of school and charter buses, making it easier for occupants to escape, but those changes have not been implemented.

This may be one of the worst bus accidents in the U.S. in a number of years. In 2013, eight Mexican tourists were killed in California after their bus went off of a mountain road. In December 2012, a charter bus went off of a snow road in Oregon and nine people were killed. In Mary 2011, fifteen passengers were killed when a charter bus were travelling to New York city from a Connecticut casino when it crashed it to a barrier. In 2008, a charter bus of Vietnamese who were returning from a religious pilgrimage were killed when their bus went off a over pass.

Besides deaths, there are thousands of people injured in bus accidents every year. Bus accidents can result in catastrophic and serious injuries to passengers including brain and spinal cord injuries, fractures, internal and soft tissue injuries and burn injuries. Often these injuries require extensive medical treatment.

Bus Accident Causes

Bus accidents can be caused by a variety of reasons, and some having nothing to do with the bus driver or bus company. However, in a lot of bus accidents one can focus at some of the following factors:

  • Driver inexperience
  • Driver fatigue
  • Driver intoxication
  • Bus maintenance
  • Overloaded buses
  • Absence of safety equipment
  • Poor road conditions

If you or a loved one has been injured because of a bus accident, you should contact an experienced personal injury attorney who can insure your legal rights are protected. Liability for the bus accident must be established to persevere with a claim and an experienced bus accident attorney can assist you.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Hit and run car accidents are far too common. In performing a search for “hit and run car accidents” on The Seattle Times, we quickly found these headlines:

With all of these headlines, one almost wonders, “Doesn’t anyone stop after an accident anymore?” The truth of the matter is that nearly 11% of all motor vehicle accidents reported to police are of the hit and run variety. Hit and run simply means that the driver who was at fault in the accident left the accident scene without seeking medical aid for the injured and without providing identification and insurance information as is required by law.

Every year, at least 1,500 people are killed in hit and run auto accidents and scores more suffer serious injuries.

That leaves us to ask, “Why do motorists hit and run?”

Often hit and run drivers are caught or they turn themselves in. Some common excuses for their behavior includes:

  • I was under the influence of drugs or alcohol at the time of the accident.
  • I had a warrant out on another charge.
  • I didn’t have insurance.
  • I didn’t have a valid driver’s license.
  • I was driving a friend’s car.
  • I was doing something I shouldn’t have been doing when the accident occurred.

First of all, anyone with a driver’s license should know it is a class B or class C felony to leave the scene of an accident. Leaving the accident scene most often results in a jail sentence and/or fines.
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Shanna Huttenstine, 34, of Tacoma was killed in the early morning hours when the taxi she was riding in collided with a pickup truck that had crossed the centerline and struck the taxi. The taxi driver attempted to avoid the oncoming pickup truck so the main point of impact was behind the taxi driver where Huttenstine was sitting.

The taxi driver, Said Ali, 52, and passenger Jason Speers, 36, who was riding in the front passenger seat, were injured in the accident.

The driver of the pickup truck, Anderson Hamilton, 48, of Puyallup will be charged with vehicular homicide and vehicular assault in the accident as police believe he was under the influence of alcohol and or drugs at the time of the crash. A blood draw was taken at a local hospital.

Images of the taxi after the accident show that it with severe damage to the front and side and the vehicle totaled.

Vehicular homicide, RCW 46.61.520, can be charged if a person is a killed in a motor vehicle accident and the driver was impaired by alcohol or drugs, driving recklessly or driving without regard to the safety of others. If convicted of vehicular homicide while driving under the influence, Hamilton could face a sentencing range of 78-102 months.

The truth about drunk driving

  • Driver’s chances of being involved in a motor vehicle accident increases as the blood alcohol content increases. Drivers who have any amount of alcohol are seven times as likely to be involved in an accident than drivers who have ingested no amount of alcohol. Drivers with a BAC of 0.08% or more are 13 times more likely to be involved in an accident.
  • 112 million times a year, an alcohol-impaired driver gets behind the wheel putting themselves and every one on the road at risk.
  • Approximately 31% of all fatal motor vehicle accidents involve alcohol.
  • According to the National Highway Traffic Safety Administration, 1 of 3 Americans are involved in alcohol-related traffic accidents in their lifetime.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. Herbert G. Farber is a Washington personal injury attorney service car accident victims throughout the greater Seattle, Tacoma, Bellevue metropolitan areas and throughout Washington.

If you or a loved one has been seriously injured in a motor vehicle accident, or a loved one has been killed, contact us for a free and confidential case evaluation.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
washington wrongful death lawyer
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A new study by the Insurance Institute for Highway Safety (IIHS) reports that drivers, age 70 and older, are less likely to be involved in car accidents than in prior years and the rates for serious injury and fatal accidents has fallen significantly in the past 15 years.

The IIHS study reports that the fatal car crashes of persons 70-years-of age and older has fallen 42% between 1997 and 2012. This is good news especially given that the older population of Americans has been growing as the nation ages.

IIHS senior vice president, Anne McCartt, says there may be several factors involved in the reduction of serious and fatal accidents among the elderly including:

  • Motor vehicles are safer with crashworthiness built into all new cars and trucks.
  • Safety features such as crash avoidance and mitigation help prevent accidents and lessen their severity.
  • Older drivers may be healthier than previous generations in both physical health but in cognitive processing.

Safer cars and trucks benefit everyone

There is no doubt about it that car safety technologies save lives. Shoulder belts, headrest designs and air bags protect the occupants in a crash and these are technologies that we take for granted today. Car manufacturers are now making cars that protect the occupants and in rear, front and side impact crashes. Vehicle roofs have been made stronger to protect occupants in rollover accidents.

Electronic stability control is a technology that has reduced by half the risk of a fatal single-car accidence. ESC has been required on all model years since 2012.

Crash avoidance technologies such forward collision warning, automatic braking, lane departure prevention, blind spot detection and adaptive headlights are features that most certainly save lives in the future as automobile manufacturers embrace these technologies and build them into every model.

If you are considering buying a car whether new or used, we recommend you check the website to see the safety ratings. So many models these days are being awarded TOP SAFETY PICK designation and these are vehicles that should be worthy of consideration for you and your family.

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 caused by the negligence of another.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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carbon monoxide death lawyerWe just read a tragic story by KOMO News about twin brothers in their 80’s who died of carbon monoxide poisoning while working on an antique car in the garage at one of their homes.

The death of William Schofield and Walter Schoenfield comes but days after a
Carbon monoxide leak at a Long Island mall killed a restaurant managers and seriously injured a restaurant employee. In all 26 people had to be treated from exposure to carbon monoxide.

Carbon monoxide is a silent killer and is the leading cause poisoning death. According to the Centers for Disease Control and Prevention, approximately 400 Americans die from accidental carbon monoide poisoning every year.

Carbon monoxide is a odorless and colorless gas which is tasteless and at first exposure is non-irritating. Because of these characteristics carbon monoxide might not be detected until people become ill unless there is a carbon monoxide detector present.

State fire codes do not require carbon monoxide detectors except in places where people sleep.

Symptoms of carbon monoxide poisoning can include:

  • Confusion
  • Headaches
  • Vertigo
  • Flu-like symptoms
  • Shortness of breath
  • Lightheadedness

At higher levels of the gas, carbon monoxide can cause a person to lose consciousness and can prove fatal.

In Washington state, we have seen incidents of carbon monoxide during period during power outages and people try to heat their houses with their oven or bring a barbecue in the house to cook.

Washington Accident Attorney: Tips to Prevent Accidental Carbon Monoxide Poisoning

To prevent accidental death in your own home or business, follow these tips:

  • Make sure furnaces and appliances are installed correctly including proper venting.
  • Make sure chimney flues are not blocked.
  • Use precaution when service fuel-burning appliances.
  • Do not use portable generators or gasoline engine-powered tools in an enclosed space.
  • Do not run a car in a garage, even with the garage door open.
  • Do not burn charcoal inside a home.
  • Do not use gas powered appliances such as an oven to heat your home.
  • Install CO alarms in hallways and in sleeping areas of your home.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have become ill due to carbon monoxide poisoning due to defective products or through the negligence of another. We also assist families with their wrongful death lawsuits as a result of losing a family member due to a negligent or wrongful act.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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bellevue car accident lawyerSome good news from the Centers from Disease Control: the percentage of children age 12 or under killed in motor vehicle accidents has fallen by 43% between 2002 and 2011. The number of fatal car accidents has been declining over the past decade but still more can be done.

The unfortunate news is that during that same period, 9,000 children were killed. Many of these deaths could have been prevented because a significant number of the children killed were not buckled up in appropriate child restraints such as car seats, booster seats or car seat belts.

Educating parents may be a very important factor in reducing child car accident deaths. According to the Centers for Disease Control, 45% of the black children , 46% of the Hispanic children and 26% of white children killed in car accidents between 2009 and 2010 were not restrained.

Parents and caregivers can protect children by making sure that children are not only restrained but in an age appropriate restraint.

  • Birth to 2 years of age: rear-facing car seat
  • 2 to at least 5 years of age: forward-facing car seat
  • 5 years of age up: booster seat until the child outgrows it
  • Seat belts can be used once a child has grown so it fits appropriately with the seat belt corossing the upper things and the shoulder belt across the chest
  • All children under the age of 12 should ride in the rear seat.

Parents and caregivers should take the time to buckle their children up no matter how short the trip.

Washington state seat belt legislation

In Washington state, the legislature has made the seat belt law, RCW 46.61.688, a primary offense, meaning that law enforcement can stop a driver and cite them a violation if he or she observes a child not buckled up.

Washington enacted seat belt legislation in June of 1986 and imposes a $124 fine for failing to abide by the law. Washington has one of the highest percentage of compliance with seatbelt laws at 97.6%.

In Washington, children are required to be restrained in a child safety seat until age 8 or until they are at least 4’9″ tall. In addition, all children under the age of 13 should be in the rear seat if practical.

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 caused by the negligence of another.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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