Seattle Injury Lawyer Blog

3 hospitalized following wrong-way collision

March 10, 2015 | Kraft Davies Olsson PLLC

Three people were injured in a multi-vehicle collision on a Washington highway on the night of March 1. According to the Washington State Patrol, early investigation indicated that the crash occurred because a suspected drunk driver was traveling in the wrong direction on Highway 18 and sideswiped one vehicle before colliding head-on with another.

The wrong-way driver, a 37-year-old Puyallup woman, was the only occupant of a 2012 Honda Civic. According to authorities, the Civic was westbound on the eastbound side of Highway 18 approximately one mile west of Kent just prior to 9:30 p.m. A 52-year-old Tacoma woman was eastbound on the highway in a 2002 Dodge Stratus; she swerved but was sideswiped by the Civic, which then continued on and crashed head on with a 1997 Mercedes driven by a 48-year-old Carnation woman.

Police and rescue workers arrived on scene after receiving reports of the crash. The driver of the Civic was transported to Seattle’s Harborview Medical Center. Authorities have indicated that she may face criminal charges, including vehicular assault and driving under the influence, once she is released. The other two drivers were transported to Valley Medical Center. None of the vehicles were carrying any passengers.

Damage caused by spinal cord injuries

March 6, 2015 | Kraft Davies Olsson PLLC

There are many different types of injuries a Washington driver may suffer should he or she become involved in a car wreck. One of the most serious injuries that could be suffered includes damage to the spinal cord, which could result in an injured person losing physical function below the point of injury.

The spinal cord is responsible for transporting messages from the brain to the rest of the body. Should that pathway become injured or damaged, the messages cannot reach their intended destination. The spinal cord does not necessarily need to be completely severed in order for the injured person to lose function. When this does occur, however, this is known as a complete injury. In general, the level of a spinal cord injury can determine what abilities are lost.

There are two stages of a spinal cord injury. The first is the initial injury that is caused by the accident. Following the injury, the spinal cord will swell, which could cause further damage. However, some people may regain certain functions as the swelling goes down. Very rarely, others may regain function years after they suffered the injury.

Seeking compensation after a motorcycle accident

February 25, 2015 | Kraft Davies Olsson PLLC

Most Washington motorcyclists know that there are certain dangers unique to motorcyclists when they travel the state’s highways and roadways. This is because motorcyclists face certain problems that motorists do not, including road hazards such as potholes, puddles and railroad tracks and instability at higher speeds. No matter who causes an accident, the fact remains that motorcyclists are 26 times more likely to die in an incident than other motorists.

In 2013, the National Highway Traffic Safety Administration reported that more than 4,500 people died and approximately 88,000 were injured in motorcycle accidents. In total, motorcycle deaths accounted for 14 percent of all crash fatalities for that year. More than half of those killed were over the age of 40. Approximately 37 percent of motorcycle fatalities were attributed to alcohol use, with 29 percent of deceased motorcyclists having a BAC of .08 percent or higher when they died and another 8 percent having a BAC between .01 and .07 percent at the time of their deaths.

If a motorcycle accident does occur, there is a chance that the injured cyclist may recover damages. However, in order to be eligible to seek compensation, there must be evidence that the other driver was responsible for causing the crash and that the accident occurred as a result of negligence or recklessness.

The dangers of distracted driving

February 18, 2015 | Kraft Davies Olsson PLLC

Washington residents likely know that the use of mobile electronic devices while behind the wheel can be dangerous, but they may not be aware of how serious the problem is. Accidents involving a distracted driver claimed the lives of over 3,000 people around the country in both 2011 and 2012,, and more than 400,000 people were injured in these collisions in 2012. While the increasing popularity of smartphones is a global phenomenon, a 2011 study found that drivers in the United States were far more likely to use these devices while driving than their European counterparts.

Young drivers are involved in distracted driving auto injury accidents at a higher rate than more experienced motorists, and they are more likely to send or receive a text message while behind the wheel. Data from the Centers for Disease Control and Prevention shows that almost half of American high school students of driving age admit to texting while driving, and these students are also more likely to drink and drive.

While laws are being passed to curb the use of mobile electronic devices by drivers, it is not yet known how effective these measures will be. Other efforts to tackle the problem involve public awareness campaigns designed to drive home how dangerous distracted driving can be. The 171 billion text messages received or sent in the United States during December 2012 is an indication of how necessary these steps are.

Car accidents and shoulder fractures

February 12, 2015 | Kraft Davies Olsson PLLC

When a person in Washington is involved in a motor vehicle collision, he or she may suffer a shoulder fracture in addition to other possible injuries. Common shoulder fractures resulting from car crashes include fractures of the collarbone, or clavicle, and fractures of the proximal humerus, or the top of the arm bone. Less commonly, a person may also suffer from a fractured scapula, which is the bone at the back of the shoulder.

The three bones of the shoulder all work together, connected by muscles and tendons, to provide the range of motion necessary for the arm via a ball-and-socket connection. In a high-speed collision, trauma to the chest can break the clavicle and sometimes the top of the arm bone. Such fractures normally will require immobilization, using things such as a sling along with physical therapy. If the fractures are compound ones, such as a clavicle which is broken and then extends through the skin, surgery may also be required. Similarly, if the proximal humerus is broken to such an extent that the two pieces are not lined up, surgery may be necessary.

Fractures to the scapula are less common, as the scapula is well protected by the chest wall and the muscles of the back. Normally, it takes significant force to fracture the scapula, such as the force that occurs in a high-speed, violent collisions. If the fracture is severe, plates and screws may be necessary, along with ongoing physical therapy.

Sobering statistics about impaired driving

February 6, 2015 | Kraft Davies Olsson PLLC

Impaired driving is a serious problem in Washington and throughout the United States. According to the Centers for Disease Control and Protection, nearly 30 Americans die each day in motor vehicle accidents involving a driver who is impaired by alcohol, which averages to one life lost every 51 minutes. Annually, impaired driving accidents cost more than $59 billion.

The National Highway Traffic Safety Administration reported that 10,322 people were killed in alcohol-related crashes in 2012 across the U.S., with 444 of those deaths occurring in Washington. That means that 31 percent of all traffic deaths were linked to alcohol. Other drugs, such as cocaine and marijuana, were involved in 18 percent of motor vehicle deaths. These substances were often used in addition to alcohol.

Those most at risk for involvement in these accidents include young people, motorcyclists and drivers with prior DWI convictions. In 2012, people between the ages of 21 and 24 accounted for 32 percent of all drivers with blood alcohol content levels above .08 who were involved in fatal accidents, making them the largest offending group. In contrast, nearly half of all motorcyclists killed in alcohol-related crashes in 2012 were over the age of 40. Additionally, drivers with a BAC of .08 percent or above who were in fatal accidents were seven times more likely to have had a prior DWI conviction than sober drivers.

The doctrine of res ipsa loquitur in premises liability cases

January 29, 2015 | Kraft Davies Olsson PLLC

In a Washington premises liability personal injury lawsuit, plaintiffs will sometimes need to rely on circumstantial evidence in order to demonstrate the that the owner or manager of the property where the injury took place was negligent in maintaining the facility. The doctrine of res ipsa loquitur is a common law principle that allows plaintiffs to establish their burden of demonstrating negligence through other than direct proof.

There are several elements necessary to establish negligence through res ipsa loquitur. The plaintiff will need to demonstrate that what happened normally would not have if the owner or property manager had not been acting negligently. It will also have to be shown that the injury was not caused by the plaintiff or a third party. Finally, the plaintiff will be required to prove that the negligent action is within the scope of a duty of care owed to the plaintiff.

Res ipsa loquitur establishes a rebuttable presumption of negligence. The defendant will have a chance to overcome it, such as by showing that the duty of care that was owed did not extend to the plaintiff or that the plaintiff or another party was responsible for the injury, rather than the conditions on the property.

Passenger vehicle deaths due to large truck accidents

January 20, 2015 | Kraft Davies Olsson PLLC

As Washington residents may know, the number of accidents involving large trucks increased in the United States in 2012, according to the National Highway Traffic Safety Administration. Such accidents may involve fatigued truck drivers who might be pushed to work harder by their employers.

The overall number of truck driver fatalities in multiple vehicle crashes increased in 2012 from the previous year, according to NHTSA. While the number of injuries to truckers in multiple-vehicle crashes decreased, the number in single-vehicle truck crashes increased.

Occupants of cars and other light vehicles died more frequently in truck-related accidents, NHTSA revealed. Concurrently, more non-truckers were injured in accidents involving trucks in 2012 as compared to 2011. In Washington, 602 vehicles were involved in fatal accidents. Of this number, 44 vehicles were large trucks, NHTSA said.

Whiplash after low- and high-speed auto accidents

January 15, 2015 | Kraft Davies Olsson PLLC

Residents of Washington may not be completely familiar with what actually causes whiplash and what the side effects may be. An individual typically suffers whiplash whenever trauma to the neck is sustained. This most often occurs in vehicle accidents, especially in rear-end collisions. If the neck suddenly jolts back and forth, it is probable that the individual has whiplash and may experience dizziness, headaches, dull and aching pain in the neck, back pain or a number of other symptoms.

Whiplash may also include cervical sprains or strains and hyper-extension injuries. It does not necessarily occur in just high-speed traffic accidents; whiplash can happen in low-speed accidents as well because it is still possible for the neck to be jolted back and forth. An individual who has the condition may not recognize symptoms until two or three days afterward.

If a person has whiplash after being injured in a collision and has hired a personal injury attorney to assist in settling a claim, one of the first suggestions the attorney might make is to refer them to a medical specialist. This can include a chiropractor or neurologist who may execute a specific treatment plan in order to prevent further damage to the neck and correct the existing injury. The recovery time and treatment plans may vary because the extent of whiplash differs among individuals.

FDA currently unable to limit sale of powdered caffeine

January 6, 2015 | Kraft Davies Olsson PLLC

Washington residents may be interested in learning more about the FDA’s limited ability to reduce the amount of powdered caffeine available for sale. The FDA claims that the consumption of caffeine powder has already resulted in two deaths. According to the Federal Substance Abuse Administration, almost 21,000 individuals attend the emergency room every year due to complications caused by the effects of caffeine. Recently, there have been consumer advocates claiming that caffeine in its pure powder form could be a cause of death that goes undetected.

Even though the FDA governs the amount of caffeine available in foods, beverages and medicine, the federal agency does not have jurisdiction over the substance in powder form when it’s considered to be a supplement, according to sources. The only recourse the FDA may have would be petitioning the U.S. Justice Department to remove the product from the market, but the process could take years. The FDA has already published a blog post online urging consumers to avoid powdered caffeine when possible.

One of the caffeine deaths reported involved an 18-year-old male in Ohio. The state has already admitted more than 200 individuals into healthcare facilities due to overdoses of caffeine. Specific numbers in Washington were not reported. The FDA is reportedly considering taking regulatory action that could result in banning the product outright or simply issuing warning letters to anyone distributing the product.