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!

The results are in and 57 drunk drivers were cited over the 4th of July holiday weekend.  There was a single fatal car accident, however, it has not yet been determined if alcohol played a factor in the single vehicle car crash that took the life of a Washington woman.

Washington Drivers Beware!  Looks like the WSP Troopers are serious about cracking down on DUI in the King, Pierce and Snohomish County area.  Good news for road safety!

WSP is actually calling the task force “Target Teams.” The teams are made of the 21 WSP Troopers with the best track record of DUI arrests. The crack teams will be on the roads 7 days a week according to the WSP, with extra man-power on the weekends.

Since 2002 there has been on average a total of 220 people killed per year in Washington car accidents involving drunk drivers. Police are going to be targeting hot spots for DUI drivers. Can anyone say Kirkland!

Do yourself and other drivers a favor and take a cab if you’ve been drinking. The life you may save is more than worth the $30 dollar cab ride.

My friend Dave who is a Washington State Trooper tells me the police are chomping at the bit for this one.  Dave has seen people wave at police with one hand while the other is holding a cell phone to an ear.  Really, come on people!  There will be no grace period.  Expect loads of police out issuing tickets tomorrow.

What does a primary offense mean?  It means the police can pull you over based on that offense alone.  Previously the cellphone hands free law has been a secondary offense meaning the police had to have another reason for pulling you over, like speeding, before they could ticket on the cell phone use.  Not anymore.  Now all police will need to see is you with a phone in your hand and bingo, ticket time.  The phone doesn’t even need to be to your ear, just in your hand.

Teenager’s Beware, the new laws is harsh for you. Teenagers are completely banned from using cellphones, both talking and texting, until they have a full driver’s license.  If a teenager has a learner’s permit or intermediate driver’s license its illegal to use a cellphone in the car period, end of story.  This is a great idea.  Teenage driver’s are the least experienced and need to focus their attention on driving not texting their friends.

A recent study at the University of Washington found that on a daily basis 1 out 16 drivers is using a handheld cellphone on Washington roads.  During rush hour the number climbs to 1 out 13 drivers is using a handheld cellphone while driving. Here in Kirkland I think those numbers are very low, seems more like 1 out 5 cars.

The recent UW study observed nearly 40,000 drivers from February 12-28, 2010.  Drivers were seen making calls, texting, and otherwise using their phones in one hand and driving with the other hand.  The study also found that drivers who were using their cellphone were almost always alone in the car.

Many studies have documented the ways cellphones distract drivers. Distracted drivers cause many of Washington’s car accidents each year. Hopefully, this new law will help reduce those numbers.

Drive safe!

Max Meyers

Canton, Ohio is one such town.  Residents have seen a 221% jump in traffic tickets during the first quarter of 2010.  If you plan on visiting the home of the Pro Football Hall of Fame you better leave that lead foot at home!  Canton’s Police Chief Dean McKimm sees the new enforcement as a way to increase traffic safety and bring in dollars.  Cities in Michigan have faced similar situations.

Actions like this confirm what many people felt was true in the past, which is that traffic tickets are about revenue as much as safety.  As the sour economy continues we can expect to see these part-time “tax” collectors with guns and badges in cities here in Washington state.  We’ve already have seen increased enforced on the weekends across the state.

This may be a short term budget fix, but speed is a serious danger, especially when it comes to motorcycles.  Just this week we have seen two separate Washington motorcycle accidents reported in the news that proved fatal because the riders were traveling at very high speeds.  With motorcycle season upon us here in Washington, if you ride, please keep the speed under control.  There have already been far too many fatal Washington motorcycle accidents this year.

Keep the lead foot off the gas pedal or it just may empty your wallet!

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.

I like to drive fast just as much as the next guy, but it can be a very dangerous activity.  Speeding is almost equal to drunk driving as a cause of death in Washington car accidents.  A difference of 10 mph can double the risk of death in an accident because of the higher impact forces and longer stopping distances required at higher speeds.  From 2004 – 2008 there were 2,941 traffic deaths in Washington, of which 1,166 or 40% were determined to be caused by high speed driving, according to Fatality Analysis Reporting System data.

The special patrols will runs mainly on afternoons and early evening on Fridays, Saturdays and Sundays when statistics show drivers speed the most.  Fines for speeding range from $22 to $177.

Be careful out there and drive safe!

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

]]> http://WaInjuryLawBlog.com/uncategorized/top-10-most-dangerous-drivers-by-profession/feed 0 http://WaInjuryLawBlog.com/car-accidents/toyotas-failure-to-warn-likely-cause-of-34-deaths http://WaInjuryLawBlog.com/car-accidents/toyotas-failure-to-warn-likely-cause-of-34-deaths#comments Mon, 15 Feb 2010 22:36:43 +0000 Max Meyers http://WaInjuryLawBlog.com/?p=360 Toyota has recalled some 8.4 million vehicles.  Although new reports surface almost daily detailing how Toyota new it had a safety defect in its accelerator pedals but did nothing for years.  Toyota’s failure to warn its customers or recall the defective gas pedals has at last count cost 34 people their lives and lesser injuries to hundreds more.  Outrageous!  That’s 34 wrongful death lawsuit Toyota can expect to be defending.

An what’s worse is that the National Highway Traffic Safety Administration (NHTSA), which regulates auto makers, knew about it for the last year and did not force Toyota to recall its cars.  Doubly outrageous!!

It’s corporate gross negligence like Toyota’s that results in huge amounts of litigation.  Companies, like Toyota did, choose profits over human lives all the time.  It’s rare the public gets a glimpse of this under the media spot light. 

I’m obviously a biased Kirkland personal injury trial attorney, but am still amazed at the conduct of Toyota executives.  Trial lawyers get blamed for rampant lawsuits, but is that really the case?  No, of course not.  It’s companies like Toyota blaming others or ignoring the mess hidden behind their front doors that lead to lawsuits. 

A little personal and corporate responsibility would have went a long way in preventing needless injuries and deaths to innocent Toyota customers.  Doing the right thing needs to mean choosing safety over profits.  As a consumer you can send that message loud and clear by putting your dollars behind companies who act responsibly while shunning those who don’t.