Seattle Injury Lawyer Blog

Days for Washington drivers to travel with caution

May 20, 2015 | Kraft Davies Olsson PLLC

Some Washington motorists may know that some days are safer than others when it comes to driving, but a few of the risky periods may be somewhat surprising. Statistics show many different days each year on which the hazards of the road are more prominent than usual. While holidays like Memorial Day weekend are obvious because of the number of vehicles on the road during the traditional kickoff to summer, others are more unusual.

Memorial Day weekend may already seem like an obvious time to avoid driving more than necessary due to the higher incidence of alcohol-related accidents and fatalities. Daylight saving time is a less obvious choice, but one study showed that the hour of lost sleep correlated with a 17 percent increase in traffic fatalities on the following Monday. Black Friday is another dangerous day to drive and park, as demonstrated by a Progressive Insurance report showing a massive 36 percent increase in parking lot claims and doubled overall claims.

Alcohol consumed by drivers increases the risks of being on the road on St. Patrick’s Day and New Year’s Day. For reasons yet to be explained, however, Friday the 13th also poses a higher risk of traffic accidents. A United Kingdom insurer has reported that collision claims rose approximately 13 percent on Friday the 13th, regardless of the time of year in which the day falls. Aggressive driving tendencies in general rise during major holidays, increasing the likelihood of an accident.

Accidents and premises liability in Washington

May 13, 2015 | Kraft Davies Olsson PLLC

When people lawfully enter onto the property of another, the property owner may be liable if they are injured due to a hazard that the owner knew about or should have known about. Business owners owe a duty of care to people to keep their premises safe and hazard-free.

The responsibility exists whether the business owns or rents the property. Business owners should buy a commercial general liability insurance policy in order to be prepared in the event an accident occurs. Owners and employees should regularly inspect the premises and immediately correct any discovered hazard or unsafe condition. It is a good idea for employers to have clear policies and procedures in place, and employees should not ignore a hazard believing someone else will take care of it.

If a hazard is not immediately correctable, the business should prominently display warning signs around it to help people avoid injury. Examples of such warnings include wet floor signs. When it is snowy or icy outside, businesses should make certain they keep their exterior walkways clear.

Brain injuries can cause apraxia of speech

May 5, 2015 | Kraft Davies Olsson PLLC

Adults in Washington may acquire apraxia of speech after having a stroke or sustaining a traumatic brain injury. Apraxia of speech is a condition that affects a person’s ability to produce certain sounds. Although people who suffer from apraxia may be perfectly aware of what words sound like, their brains are unable to tell the right muscles how to move in order to say the words correctly.

Apraxia cases can range in severity, with the most severe cases causing people to be unable to produce any sounds at all. Most people with apraxia have a hard time producing certain sounds, so they either omit or substitute these sounds in their speech. A person with apraxia might have inconsistent speech errors and have an easier time producing automatic greetings than words that they are thinking about.

A speech therapist diagnoses a person with apraxia of speech by assessing their sound production, melody of speech and oral-motor abilities. Once this condition is diagnosed, an individual with apraxia might benefit from speech therapy that is designed to retrain their facial muscles. People with severe cases of apraxia might require alternative communication tools in order to function in their daily lives.

Steps to take after a car wreck in Washington

April 28, 2015 | Kraft Davies Olsson PLLC

After being in a car accident that was caused by another driver, it is important that it is reported to the authorities. In addition, it is a good idea to report the accident to the insurance company of the driver who was at fault. Although the driver who caused the accident is required to report it to his or her insurance provider, those who are responsible for a crash aren’t necessarily motivated to do so.

It is important for all parties to get as much information as possible to help bolster their claims in the aftermath of a motor vehicle accident. It is advisable to take pictures, collect insurance information from other drivers involved and get witness statements from anyone who saw the crash occur. The report that is made to the insurance company should only state the facts in the case.

The insurance company will typically conduct its own investigation and the police will make a determination as to whether either driver broke the law. In some cases, the insurance company may need to look into the case itself before authorizing any repairs or paying for any damage that may have resulted from the crash. In the event that the other driver’s insurance company refuses to honor a valid claim, drivers should file claims with their own insurance company and let their insurer take steps to obtain reimbursement.

FDA warns that product said to have steroids may damage liver

April 21, 2015 | Kraft Davies Olsson PLLC

Washington residents who take dietary supplements should be aware of a consumer warning issued by the Food and Drug Administration on April 13 about a product called Tri-Methyl Xtreme. Three injuries were reported by consumers in Utah, New Jersey and California, and there is concern that the product said to contain anabolic steroids could cause liver damage.

Tri-Methyl Xtreme is distributed by a Las Vegas company called Extreme Products Group, and the supplement is marketed as a way to help build muscle and sold in some gyms and retail stores as well as online. The company claims that anabolic steroids are found in the supplements, and an FDA scientist said that anabolic steroids can cause serious and irreversible damage to multiple organs in the body. In addition to liver damage, synthetic steroids could also cause increased risk for strokes and heart attacks. Consumers should watch for ill effects like discolored urine, back or abdominal pain or unexplained fatigue

Dietary supplements cannot possess steroids or any prescription drug ingredients, but manufacturers are in charge of regulating their own products and making sure they are safe because supplements are not required to go through FDA effectiveness and safety reviews. The FDA often issues warnings when supplements are found with drugs that can be used to aid body building, sexual enhancement or weight loss.

Fatigued drivers may cause an auto accident

April 17, 2015 | Kraft Davies Olsson PLLC

Approximately 100,000 auto accidents reported to police are caused by tired drivers in Washington and the other states every year. Young adult men, shift workers and people with children are the most at risk for driving while drowsy. The National Sleep Foundation conducted a survey in 2005 and found that around 168 million adult drivers drove while they were sleepy, and around 103 million people have fallen asleep while driving.

Fatigued drivers are more prone to attention lapses. Sleep deprivation may also cause behaviors that result in auto accidents such as impatience and faster driving. The National Sleep Foundation conducted a poll and found that people between 18 and 29 years of age were more likely to drive in a fatigued state than older people.

Driver fatigue causes approximately 71,000 auto injuries, 1,550 deaths, and over $12 billion in losses each year. These numbers may be higher since it is difficult to determine sleepiness as a cause of the crashes. Australian researchers have shown that 18 hours without sleep is equal in impairment to a blood alcohol level of 0.05. After 24 hours, the impairment is equivalent to 0.10. A person is considered legally drunk at 0.08. Fatigued driving accidents have caused drivers to go to jail.

Washington motorcyclists and sternum fracture

April 8, 2015 | Kraft Davies Olsson PLLC

Sternum fracture results in death about 25 to 45 percent of the time and is often caused by trauma to the hard plate of bone in the center of the chest that protects the heart and lungs from injury. When the sternum is fractured, rib breakage occurs about 20 percent of the time, and spinal fractures occur in roughly 10 percent of cases. Washington motorcyclists may be at higher risk for such injuries in case of accidents because of the lack of air bags and protective restraints.

People over 50, especially women, seem to be more vulnerable to this type of fracture. When osteoporosis is present, sternum fractures become more common, especially in an automobile or motorcycle accident where trauma to the chest is present. Bruising, damage or punctures of the heart and lungs, injury to abdominal organs, spinal cord injuries and death are all possible outcomes of sternum fracture.

Chest pain, difficulty breathing, crunching or grinding sounds and extensive chest bruising are all possible indications of sternum fractures. The chest may also appear deformed or misshapen because of the buckling of the underlying bone and the cartilage connecting it to the ribcage. Prompt assessment and treatment is important in these cases to prevent other complications such as bone infections, pneumonia, bleeding into the thoracic cavity and in many situations death.

Recall delay leads to $10 million fine for Graco

March 31, 2015 | Kraft Davies Olsson PLLC

Washington residents may be interested to learn that Graco, a major manufacturer of car seats, was hit with a $10 million fine for delaying the issuance of a recall for defective child car seats, potentially placing millions of children in danger. The fine follows the conclusion of the company’s completing the largest car seat recall in U.S. history.

According to the National Highway Safety Administration, the first $3 million is due from the company immediately. The remaining $7 million must either be paid in over the next five years or the company must spend an equal amount on safety improvements. The recall involved four million child and booster seats and two million rear-facing infant carrier seats, all of which had defective safety buckles.

Reportedly, the company had delayed the recall despite numerous parent complaints about defective safety buckles on the car seats. The recall was not conducted until NHTSA pressured the company into proceeding with it. A part of what the company will be required to do is come up with a strategy to encourage the return of a greater percentage of recalled seats. Although 75 percent of recalled vehicles are subsequently repaired, the agency indicated only 40 percent of the defective car seats have been.

Changing teen driving habits in Washington

March 25, 2015 | Kraft Davies Olsson PLLC

One of the leading causes of car accidents is distracted driving. While many drivers engage in activities that take their eyes off of the road, teenagers tend to be among the worst offenders. In a recent survey, 40 percent of teenagers admitted to texting while driving. Although that percentage is high, it is actually lower than earlier studies have found, according to the Oregon State University professor who led the most recent research.

In addition to texting behind the wheel, 27 percent of teenagers who participated in the survey said that they changed their clothes while driving, which came as a surprise to researchers. Other common activities that the respondents admitted to engaging in while behind the wheel included changing contact lenses, putting on makeup and doing homework. As time goes on, those who study the issue of distracted driving want to change the mindset of younger drivers behind the wheel. Through increased education, it may be possible to convince teens that it is never a good idea to multitask while driving.

Parents may be able to act as an influence on their children when it comes to proper behavior while in a car. Researchers also say that almost anything that takes a driver’s eyes off of the road can be distracting. Therefore, it may be important to keep drivers from changing radio stations or using a GPS device while a car is moving as it could lead to reduced accident rates.

Guilty plea for maker of adulterated children’s Tylenol

March 17, 2015 | Kraft Davies Olsson PLLC

Children’s Tylenol maker McNeil Consumer Healthcare pleaded guilty recently to a federal criminal charge that the company knowingly sold infants’ and children’s medicine containing metal particles. The Johnson & Johnson subsidiary admitted that it was aware of the manufacturing problem for almost a year before taking corrective action. This latest Tylenol case calls to mind the drug recalls and scares of the 1980’s, which included lethal tampering with Tylenol and later copycat tampering with Excedrin in Washington.

In this case, McNeil acknowledged that particles of nickel, iron, and chromium were introduced into liquid infants’ and children’s Tylenol and children’s Motrin during manufacturing at their plant near Philadelphia. Although the particles did not cause injury, the FDA advised families to stop using adulterated medicines.

An attorney for McNeil acknowledged that although the company launched an initial investigation of the problem after a consumer reported it in 2009, it did not follow through on all of the steps required in its own internal guidelines. The plant, which was linked to other Tylenol recalls, was closed in 2010 and completely rebuilt, though it has not yet reopened. Department of Justice prosecutors faulted McNeil for not following good manufacturing practices and promised continued aggressive oversight and punishment of any companies that disregard these practices and safeguards, particularly when the health of children is at stake.