Seattle Injury Lawyer Blog

Government Study to Analyze Trucker Driving Risks on Individual Basis

January 17, 2012 | Kraft Davies Olsson PLLC

The Federal Motor Carrier Safety Administration (FMCSA) is tasked with prevention of injuries and fatalities related to commercial motor vehicle crashes. Given the prevalence of truck accidents which occur annually on the nation’s roadways, the administration has not been granted an easy mission.

One of the tools that the FMCSA hopes will lead to effective safety initiatives in the future is the Commercial Driver Individual Differences Study. In addition to receiving feedback from commercial trucking fleet managers, the study will analyze surveys from over 15,000 truck drivers on a range of personal subjects.

The anonymous surveys are designed so that the administration can compare differences among drivers, in order to spot patterns regarding what type of behaviors may lead to a greater propensity for accidents. As stated by the FMCSA, the study’s purpose is “to identify, verify, quantify and prioritize commercial driver risk factors.”

Anti-Rollover Systems Reduce Risk of Fatal Crashes

October 10, 2011 | Kraft Davies Olsson PLLC

The National Highway Traffic Safety Administration (NHTSA) released a study in August which determined that anti-rollover technology reduces the risk of a fatal crash by 18 percent. The NHTSA said the technology cut overall car crashes by six percent. For passenger cars, the risk of fatal crashes fell 23 percent and 20 percent for light trucks and vans. The government study was based on a review of crash data from 1997 through 2009.

Electronic Stability Control

The technology has been available for decades; Mercedes and BMW first used it in 1987. However, like airbags before it, the use of electronic stability control (ESC) was initially very limited, and only after NHTSA issued formal regulations did automakers make ESC widely available. ESC systems use automatic computer-controlled braking of individual wheels to prevent the wheels from skidding and to help the driver maintain control of the vehicle.

Natural Gas Explosion in Seattle Results in Serious Injuries

October 6, 2011 | Kraft Davies Olsson PLLC

On September 26, 2011, a natural gas leak caused a major explosion and fire that injured two persons inside their north Seattle home. The couple, both in their 50’s, suffered serious burns and were taken to Harborview Medical Center in Seattle. Harborview Medical Center has one of the best burn units in the country. Since it opened in 1974, Harborview’s Burn Center has treated more than 15,000 patients and has a survival rate of about 96 percent.

The gas fumes that had accumulated inside the home were apparently sparked by a household appliance when the couple awoke. Investigators from Puget Sound Energy determined that a downed tree hitting a power line had caused electricity to travel through the trunk of the tree and into the ground, which punctured gas lines when the power surged. That power surge caused leaks in several pipes throughout the neighborhood and likely played a role in the leak that caused the explosion.

In the wake of this explosion, there are a number of questions that remained unanswered. First, what did PSE do in the wake of the tree falling to determine if a risk was posed to gas lines underneath the tree? Second, did the power company play a role in causing the damage to the gas lines? What is the role of the power company? When they began to have leaks in the area, did PSE properly investigate those leaks to determine their cause in a timely manner? Third, should PSE have warned those persons living in the neighborhood?

First Steps to Take Following an Accident

September 19, 2011 | Kraft Davies Olsson PLLC

The immediate aftermath of a serious accident or injury can leave victims shaken and overwhelmed. However, it is important to keep several things in mind after an accident has occurred.

First, the incident should be reported to the police. Never admit fault when talking to police, others involved in the incident or anyone else. Do not speculate about how the incident happened or why, as tempting as that may be. Instead, just state the facts as clearly as you can. The disorienting nature of an accident can lead some victims to assume responsibility, even when it belongs on another’s shoulders.

If possible, take photos of everything related to the incident, such as your damaged car, visible injuries and other damaged property. These photos can be important later in reaching a settlement with insurance companies or in court. In addition, make sure to retain a copy of the police report for your records.

OSHA Orders Reduction in Work Hazards for Divers

August 30, 2011 | Kraft Davies Olsson PLLC

Commercial divers have some of the most physically demanding jobs out there. Long periods of time spent in cold, murky water can cause a host of physical ailments, and the work often also involves construction or demolition projects executed with dangerous equipment.

Proper training of both diver employees and their employers is essential, and the U.S. Occupational Safety and Health Administration (OSHA) issues standards by which commercial diving operations must be conducted.

OSHA recently updated Part 1910, Subpart T of the regulations related to commercial diving. The changes are found in Directive Number CPL-02-00-151 issued June 13, 2011.

FDA Issues New Sunscreen Safety Regulation Requirements

August 5, 2011 | Kraft Davies Olsson PLLC

The process of deciding between different brands of sunscreen can be somewhat overwhelming. Consumers are often left wondering what various claims on sunscreen labels mean and whether the sunscreen they are choosing will actually keep them safe from sunburn and skin cancer.

In June 2011 the FDA published new rules, to take effect in June 2012, which will govern sunscreen testing and labeling. The aim of the new rules is to reduce consumer confusion and ensure that sun protection products on the market meet safety standards for effectiveness based on the latest possible scientific information.

“Broad Spectrum” Labels

The Dangers of Fake Pharmaceuticals

July 15, 2011 | Kraft Davies Olsson PLLC

You can’t turn on the television without seeing pharmaceutical advertisements offering to fix all that ails you. By marketing directly to the consumer, pharmaceuticals ensure that many drugs are asked for by name, a reality that makes these drugs very profitable. Because these pills are so profitable, those seeking a quick buck attempt to cash in illegally, placing everyone’s safety at risk.

Pharmaceutical fraud often takes the form of tampering and counterfeiting. Each year counterfeiting costs the pharmaceutical industry approximately $30 billion in losses, according to the U.S. Chamber of Commerce.

Even with advances in technology that fight pharmaceutical fraud, criminals are still finding ways to profit. The U.S. Food and Drug Administration (FDA)reports that from 2009 to 2010 the rate of drug counterfeiting and tampering rose 11 percent.

Parents: Educate Yourselves about Toy Safety and Recalls

June 24, 2011 | Kraft Davies Olsson PLLC

Parents have legitimate reasons to worry about dangerous or defective automobiles, child safety seats and so many other products which come into contact with their kids. Unfortunately, parents need to be cautious even with the very dolls, toy trucks and building blocks that bring their children so much joy. Toy recalls occur much more frequently than any parent would prefer. However, there are ways that parents can educate themselves about dangerous and defective toys which have found their ways into the marketplace.

The Consumer Product Safety Commission (CPSC) is the federal body responsible for recalling potentially hazardous toys. The CPSC lists every toy that is recalled on its website. From 2006 to 2008, the CPSC recalled 38, 82 and 32 toys, respectively. Most recalled toys put children at risk for lead exposure, burns and choking.

High levels of lead in a child’s bloodstream can have serious health consequences. In 2008, the Consumer Product Safety Improvement Act was passed to limit the amount of lead in toys and other children’s products. The number of recalls for children’s products manufactured in the United States has diminished as a result.

Social Media and Personal Injury Lawsuits

June 3, 2011 | Kraft Davies Olsson PLLC

In this technological age in which a person’s most triumphant and embarrassing moments can be filmed instantly by anyone with a cell phone and then broadcast over the Internet within minutes for anyone to view, it has become increasingly difficult to keep one’s private life private.

Facebook, the premier social media site, is used by millions who post their everyday thoughts, photos and intimate moments for their friends to see. Although a person’s Facebook page is only fully visible to invited guests, it is not a truly private venue, nor is it a space immune from the reach of personal injury litigation.

In the past few years, courts have become increasingly willing to grant defense lawyers in personal injury cases access to a plaintiff’s Facebook page or access to other their other social media sites. Defense attorneys then take advantage of any instance in which these sites expose a plaintiff as behaving less than honestly in regard to how particular injuries occurred or have ultimately affected his or her life.

Train-Van Collision in Longview, Washington on March 24, 2011

March 25, 2011 | Kraft Davies Olsson PLLC

According to the Associated Press, on March 23, 2011, a veteran BNSF Railway locomotive engineer, a conductor trainee and the shuttle driver giving them a ride were the three people killed on Wednesday afternoon when their van was struck by a freight train at a BNSF rail yard near Longview, Washington.

The dead include 58-year-old engineer Tom Kenny, a 22-year BNSF veteran based in Seattle, and Christopher Loehr, 28, a conductor trainee since January, also based in Seattle, Melonas said.

Loehr had recently moved to Seattle, according to The Columbian of Vancouver, Wash.