Washington Injury Law Blog

A glitch has happened in several Washington cities, which prevented them from correctly adopting the new cell phone law.  This means if you received a recent ticket for using your cell phone while driving it might be unenforceable in certain Washington cities.

When the Washington legislature passes a new law, the local city governments must add them to their local city laws.  Apparently some cities depend on the Washington Department of Licensing and its rule book, called the Model Traffic Ordinance (MTO).  The Department of Licensing is suppose to update the MTO whenever a new traffic law is adopted by the State of Washington.  Many cities adopt the MTO as an economical way to stay on top of law changes.  A recent question about the validity of the laws by Lynnwood Police led to the discovery of the problem.  In fact the MTO had not been update since 2004.

Why is this significant?  Because cities don’t have authority to enforce state laws unless they have also adopted them in their local ordinances.  Many traffic tickets, including cell phone ones, are now invalid for certain cities on traffic laws enacted since 2004.

I know, which cities??  Some of the cities that failed to adopt the new cell phone law properly may include Bremerton,  Montlake Terrace, Monroe, Ephrata, and Prosser.   There may be more, it’s best to check with the Department of Licensing if you have a question.

Which cities are OK?  Any tickets issued by the Washington State Patrol are valid.  As are all cell phone tickets from police in Seattle, Bellevue, Lynnwood, and Tacoma.

The City of Bremerton has chosen to dismiss 83 tickets its issued since June on the new cell phone law, plus any dating back to 2008 when the first part of the cell phone law was adopted.  In addition, they are refunding any fines paid for the tickets, which ranged from $124 to $176.

Happy day for some drivers!

Most people would consider walking to your car from the local McDonald’s a pretty safe activity.  Being hit by a car weighing thousands of pounds as a pedestrian can lead to very serious injuries even if the car is moving very slowly.  In this case the injuries proved fatal.

George Ketah, a 67 year old man, was walking across the Ballard McDonald’s parking lot shortly after eating lunch.  A 37 year-old woman began backing her car out of parking stall.  The woman failed to see George and hit him with her car.  Even though the car was moving slowly George was knocked to the ground and the woman ran him over.  George suffered catastrophic injuries to his upper torso and chest, which proved fatal.

The careless driver failed to see George walking in the parking lot.  Driver’s who are backing out of a parking lot stalls have a duty to look around their vehicle and make sure nobody is walking in the area.  The woman in this case failed to do so and was negligent for hitting George.  Tragedies like this seem unbelievable, but this time is sadly true.

The woman is now going to be facing potential criminal charges of vehicular assault or vehicular manslaughter.  She will also likely face a wrongful death lawsuit from George’s spouse and children if he has any of these surviving family members.

If you or a loved one has a wrongful death claim like George’s family it is very important that you consult with an experience Washington injury attorney as soon as possible.  An in depth investigation needs to be performed as quickly as possible to preserve all relevant evidence.  Delay can result in the loss of key pieces of evidence, which can have a negative effect on a wrongful death claim.

If you or a loved one has a wrongful death claim please call me at my office, Scott McDonald and Associates, (425) 822-5700 to set up a free consultation regarding your wrongful death claim.

Top 10 Most Dangerous Drivers by Profession

I can’t believe this to be true, there’s no way I’m the most dangerous driver.  Nonetheless, here it is as determined by insurance.com.

1.  Attorney/Judge

2.  Financial professionals

3.  Government worker

4.  Bartender or Waiter

5.  Other – Professional

6.  Dog Groomer

7.  Marketing/Advertising

8.  Barber/Stylist .

9.  Coach

10.  Nurse

link:  http://www.insurance.com/auto-insurance/safety/top-10-dangerous-professions-for-drivers.aspx

Seattle’s Aurora Avenue apparently has a new pest trolling the streets.  The economy is bad, but I had no idea things had gone this far!

I was at a birthday party for my my sister-in-law Cristi last night and heard a great Christmas story.  My other sister-in-law Sherry works in a breast cancer doctor’s office, with some amazing docs by the way.  She has a work acquaintance that comes into the office from time to time, we’ll call him Edward, although that’s not his real name.

Edward is an older gentleman who shoots the breeze with Sherry whenever he stops by.  Edward is getting up their in years and as one would expect takes some prescriptions.  Well he recently needed a new prescription.  He called his pharmacy and got the prescription filled.  After work Edward went to the pharmacy, as is common this time of year there was a line of people.

When Edward finally made it to the head of the line and got his new prescription he received some devastating news.  The new prescription was not covered by his insurance and cost $500.  Edward stood there in shock and total frustration.  He did not make much money as a delivery man and there was no way he could pay for such a high prescription bill.  Edward told the pharmacist that there was no way he could afford the needed drugs and apologized for the incovenience and left without them. 

The next morning Edward received a call from the pharmacy asking him to please come down to the pharmacy as his prescription was ready for pick up.  He thought about calling, but the pharmacy was on his way to work so he just stopped by.  Again he told the pharmacist his name and said their must be some mix up, retelling the story of the day before.  The pharmacist said there was no mix up.

The pharmacist explained that yesterday a customer in line behind Edward had overheard his dilemma regarding the high cost of the prescription.  When the man got to the front of the line he told the pharmacist that he wanted to help Edward.  So he paid for Edward’s costly prescription right then and there, and asked the pharmacist to call Edward and let him know that the prescription was now ready for him.  The man made a second request that he be kept anonymous and not tell Edward his name, but simply tell him Merry Christmas!

 A heart warming tale of truly what the spirit of Christmas is all about.  When you see a person in need or less fortunate then you this season, will you take the same selfless step and help your neighbor?  I pray that we all will.

Merry Christmas everyone!!

Max

The City of Medina, home of Bill Gates and other very wealthy individuals, has started a 24 hour video surveillance of its city streets.  Big Brother has arrived in Medina!!  As you drive into Medina your license plate is scanned, compared against a crime database, and sent directly to the Medina police should something of interest pop up.  The city claims it’s only a measure to fight crime.  However, the city then stores all license plates for 60 days, just in case you commit crime a little bit later.

For example if a stolen car, crime suspect, or person with a warrant outstanding drives into Medina the police can spring into action and capture the person before he/she commits a crime in Medina.  According to Medina Police Chief Jeffrey Chen: “These cameras provide us with intelligence, ” and “It gets us out in front of criminals.  I don’t like to be on a level playing field with criminals.”  I wonder want Chief Chen thinks about the whole presumed innocent thing.

The Medina City Council does believe this find of video surveillance and storage of information is a problem.  Why should a city keep records of when people come and go when they haven’t done anything wrong?  According to councilman Lucius Biglow crime prevention “outweighs concern over privacy.”

Here’s my concern.  Why should any government entity track my travel without any suspicion of me doing something wrong.  The 4th Amendment of the U.S. Constitution protects against unreasonable searches and seizures.  Your right to privacy is directly taken from the 4th Amendment.  If all cities start 24 hour video surveillance then I will be tracked from the minute I walk out my front door and everywhere I go until I return home.  Can you imagine the slippery slope that this can pose?

First cities store information for 60 days, then slowly over time more and more days will be stored.  Cities start using the video to prosecute crimes, which is fine.  But guess what, it will also be used in other ways.  I’m a car and motorcycle accident attorney and video of an accident would be very useful in a car, motorcycle or any other vehicle accident case.  The video could be used in all kinds of disputes potentially.  I’m sure you can think any number of ways this video might be useful for a government to access.  Food for thought Homeland Security Agency and Patriot Act.

I don’t believe cities should store the information gathered on vehicles unless a crime, warrant or other legitimate crime related reason appears for the police to go out and stop that vehicle immediately.  Otherwise, the invasion of privacy is too great and is just one more step toward total erosion of your privacy in America and one more step toward Big Brother watching, tracking, and controlling your every movement and behavior.

Max Meyers, Esq.

Here’s the related Seattle Times news story.

My friend and fellow perosnal injury attorney Ross Jurewitz of the Jurewitz Law Group has written a blog post on San Diego Injury Lawyer Blog about my recent award.  Check out what Ross had to say here.

A big thank you to Ross for his kind words.

Max

The Seattle Bicycle Advisory Panel has openings for biking enthusiatists who are willing to help advise the city of Seattle in its Bicycle Master Plan and other related bicycling matters.  Volunteers must live within the Seattle city limits and agree to a 2 year term of service.

If interested you are asked to send a letter and resume to Douglas.Cox@Seattle.gov or mail to Doug Cox, Seattle Sept. of transportation, 700 Fifth Avenue, Suite 3900, PO Box 34996, Seattle, WA 98124.  Deadline for submissions is June 18, 2009.

This is a great opportunity for you to make a difference in establishing Seattle as the friendliest palce in the country to ride a bike.

You may have noticed that it snowed recently and it’s freezing outside. I know what you’re thinking, No Kidding! According to the weather forecast the snow and ice are going to stick around the Seattle area and greater Washington for at least the next week.

Diving on icy and snowy roadways requires extra caution. Take extra care when driving this week. Here are 9 tips for driving on icy and snow covered roads:
1. Drive with your headlights on, even during the daytime.
2. Slow down.
3. Even when roads are dry, watch out for icy bridges.
4. Stay at least 15 car lengths (200 feet) back from maintenance vehicles and plows, and don’t pass them on the right.
5. Don’t use cruise control or overdrive in freezing weather.
6. Don’t pump anti-lock brakes to stop.
7. Clear snow and ice from car surfaces before driving.
8. Keep safety equipment, spare parts and food and water in the car.
9. Allow greater distance to stop your car, start slowing down earlier.

Find more winter driving tips at:
www.wsdot.wa.gov/winter/
www.roadragers.com/tips/driving-on–ice.htm

I received my mail in ballot for the November 4, 2008 general election. There are a few judge positions still up for election.  Voting for your local judges is very important.  These are the people who decide your fate if you every end up in court.

Again, my disclosures. As many of you already know I am a Kirkland Washington Personal Injury Attorney who fights against insurance companies and corporations on a daily basis. I’m consider myself a champion for the little guy and definitely lean towards being a democrat. 

KING COUNTY JUDGE ELECTIONS

These are the judges that handled nearly all of my day to day cases that are in litigation. For me and my clients these people can have great effect on my work and my client’s lives. If you hire me to handle your car accident injury case, then these are the judges who will handle your case when litigation is needed because the insurance company is only offering two pennies to rub together to settle your case because they think you weren’t injured that bad. Don’t get me started…

King County Superior Court, Pos. 1 -  Suzanne Parisien

King County Superior Court, Pos. 22 – Holly Hill

King County Superior Court, Pos. 37 – Jean Rietschel

OTHER ELECTIONS

Attorney General:   John Ladenburg

Mr. Ladenburg is more supportive of your personal rights including privacy, which is very important to me in the wake of Bush’s Patriot Act. Big brother is out there!

Insurance Commissioner:  Mike Kreidler

Mr. Kreidler has done great things to protect you as a consumer over the last 8 years from the greedy insurance companies that seem to do nothing but raise your rates and deny your claims should something bad happen and you need that insurance coverage you thought you had purchased. Insurance companies hate him, and I love him. Mike’s the man!

I hope this helps you make your final decisions on the elections. If you have any questions feel free to email me at max@scottmcdonaldlaw.com and I’ll be happy to explain in more detail why I like these candidates.

Happy voting!

Max Meyers, Esq.