You would think that the tough laws against drinking and driving would drastically reduce the number of injury accidents caused by alcohol.  But it really hasn’t.

One problem is that the criminal penalties for vehicular homicide is fairly low.  I believe the last time I checked, the stats showed that the average sentence handed down to someone who kills another person while driving drunk is 3 to 4 years behind bars.

If only our society could truly appreciate the devastation that a drunk driving fatality causes to the family members of the innocent victim.  Sometimes the person killed is a parent with small children.  Those are the most tragic of cases since the child’s parent will no longer be there to take care of the child, provide financial and emotional support, and all of the other important qualities that a strong parent-child relationship provides.  

What is equally tragic is that the accident could have easily been prevented.  Just don’t drink and drive.  When you drink, your judgment is the first thing that is affected.  You cannot rationally decide whether you are able to drive after consuming a few drinks.  Just don’t take the chance.  It’s not worth it.

The driver was a 22-year-old young woman.  She had no insurance, and worked as a waitress.  She was allegedly using her cell phone at the time of the accident.

I had to decline the case.

The reason?  The parents of the 15-year-old did not purchase Uninsured Motorist (UM) coverage under their own auto policy.

In Washington State, auto insurance companies have to offer UM coverage unless it is rejected in writing by the insured.

The parents had rejected UM coverage five years ago as a way to save money.  That decision proved tragic, and in the end deprived their son with the opportunity to obtain full compensation for his medical treatment and injuries.

Relatively speaking, the cost of UM coverage is very cheap.  Right now I pay about $150.00 per year for $1 Million in UM coverage on two separate vehicles.

Statistically, most accidents are caused by uninsured and underinsured motorists.  These are individuals that are more likely to be irresponsible on our roadways.  Most of us have to protect ourselves from irresponsible drivers.  Adequate UM coverage is one way to do this.

The mother of that 15-year-old boy told me that she and her husband will likely have to declare bankruptcy because they won’t be able to pay for their son’s medical bills.  Understandably, she and her husband are angry that this could happen.  Through no fault of their own, they may be ruined financially.

My message to parents is to carry adequate auto coverage, including coverage for uninsured motorists.  This coverage can prevent financial ruin if one of your family members becomes the victim of an accident.

Why do we see more of these cases starting this time of year?  I have to believe that in April/May when the weather gets warmer and nicer, more people choose to walk rather than drive.  With more pedestrians using marked and unmarked crosswalks, we see more accidents.

Under the law (RCW 46.61.235), a driver is obligated to stop when approaching a marked or unmarked crosswalk where a person has indicated an intention to cross.  However, this same statute prohibits a pedestrian from suddenly entering into the path of an oncoming vehicle when it is impossible for the driver to stop in time.

What if the pedestrian tries to cross the road at a point other than a marked or unmarked crosswalk?  The law (RCW 46.61.240) states that the pedestrian must yield the right of way to a vehicle on the roadway.  This means that a pedestrian should almost always cross the street at a marked or unmarked crosswalk.  An unmarked crosswalk is usually a location on the roadway at an intersection or cross street which may be used by persons to cross the street.

Under all circumstances however, a driver must exercise due care and watch out for pedestrians.  See RCW 46.61.245.  This means that if a driver can avoid hitting a pedestrian, or should have avoided hitting the pedestrian, then the driver may still be at fault regardless of where the pedestrian attempted to cross the street.

Given the status of the laws which govern pedestrian car accident cases, we must always focus on the facts of the accident.  Here are some questions Davis Law Group typically will ask to help us investigate a case and determine if the driver is liable or partially liable for hitting a pedestrian:

1. Where was the pedestrian in the roadway when he/she was hit?
2. Why didn’t the driver see the pedestrian?
3. What was the driver doing when the accident occurred?
4. How fast was the driver going?
5. What traffic control measures existed (stop sign, traffic light, PED signs, etc.)?
6. How did the pedestrian cross the street?
7. What do the witnesses state?
8. What conclusions did the investigating police officer arrive at?

The answers to these questions will help us build a case on behalf of the injured pedestrian.  So it is usuallyimportant that we get involved in the case as soon as possible so we can track down witnesses and gather evidence.

If you have both medical and auto insurance, you may be wondering which will pay for your medical costs. In Washington, the hospital will start by billing you personally or billing the medical insurance company whose information you provide. Later, after you make your auto insurance claim, you or your health insurer may be reimbursed by the other driver’s auto insurer. If you are among the few drivers who have medical payment coverage on your auto insurance policy, your own insurance company may reimburse you.

If you have no-fault insurance or Personal Injury Protection (called PIP coverage), your auto insurance company should pay. The hospital may bill you personally at first, especially if you could not provide them with insurance information when you arrived, but it should be simple to transfer the obligation to your insurer. You may still have a deductible under your PIP policy. If your bills are higher than the amount of PIP coverage you have, any medical insurance will take over after your auto insurance coverage is used up.

If there are problems, keep in mind that in Washington you (the patient) are ultimately responsible for your own medical bills, regardless of whether some insurance policy should cover it. That means you should take action quickly if the insurance company refuses to meet its obligations.

If your PIP policy has been exhausted, then in most cases your private health insurer should beging paying the medical bills.  Sometimes your private health insurer will need written confirmation from your PIP auto policy carrier that the limits have been exhausted.  If so, just call your PIP claims representative and ask him or her to send this letter immediately.  You should  also follow up with the PIP adjuster in writing so you have a record of your communications.

But what if you don’t have private health insurance or PIP coverage?  This is a difficult situation.  If this is the case, you may be obligated to pay your healthcare providers out of pocket.  Sometimes we here at the Davis Law Group can work out a suitable arrangement with your doctors to either wait for payment, or make small monthly payments.  It really depends on how reasonable and willing your healthcare provider is.

 “We now know that at least 1.6 million crashes are caused by drivers using cell phones and texting,” said Janet Froetscher, president & CEO of the National Safety Council. “We know that cell phone use is a very risky distraction and texting is even higher risk. We now know that cell phone use causes many more crashes than texting. The main reason is that millions more drivers use cell phones than text,” she said. “That is why we need to address both texting and cell phone use on our roads.” 

The NSC advocates a total ban on cell phone use while driving.  It says that its study was based in part on statistics from from the National Highway Traffic Safety Administration (NHTSA) and from peer-reviewed research that quantifies the risk of using a cell phone and texting while driving.

Although we at the Davis Law Group cannot state that 25% of the accident cases we handle are caused by cell phone use, we can state that we have noticed a measurable increase in the cases we handle where there is an allegation that the other driver was either talking on the cell phone or texting while driving.

If you’ve been seriously injured in an accident and believe the other driver was using a cell phone at the time, you should speak to an attorney.  Usually the time is limited to collect and/or subpoena cell phone records to verify that the at-fault driver was using a cell phone.  The fact of cell phone use is also a very important factor to use when attempting to settle the claim for maximum value.  We at DLG have had good success at using the fact of cell phone usage as an aggravating factor to achieve an excellent recover for our clients.

The SPD expects to perform at least 10 sting operations in 2009.

I previously wrote about the higher car-pedestrian accident cases seen in Seattle.

According to statistics, at least 468 car-pedestrian collisions were reported in 2008.  This statistic puts Seattle first among all ’safest U.S. cities.’ according to a City spokesperson.

Washington law imposes a dual “duty of care” upon both pedestrians and automobile drivers.  But if a pedestrian is in a cross walk, then an approaching driver has an obligation to slow or stop for that person.  However, a pedestrian that steps out in a cross walk in front of a moving vehicle where that vehicle has no time to stop or avoid a collision may result in that pedestrian committing negligence.

I’ve written before on this blog about car-pedestrian accidents.  These can be complex cases to pursue because often the persons involved will argue the other one caused the accident.  That’s why a prompt investigation is usually best so witnesses can be located and statements obtained.  In cases where there are no witnesses, my experience is that the driver’s auto insurance company will vigorously defend a subsequent claim for injuries and damages suffered by the pedestrian.  Even if there is no dispute regarding liability, there’s a lot the auto insurance company can do to try and minimize the claim payout.

And contrary to popular belief, the fact that the police may cite the driver or the pedestrian does not impact a later civil proceeding for damages.  A citation is inadmissible in a civil suit, particularly if the citing officer has no education or experience in accident reconstruction. 

I applaud the City for taking affirmative steps to reduce car-pedestrian collisions.  Let’s hope it is successful and prompts more drivers to slow down in pedestrian-heavy areas of the city.

To learn more about accident claims and how to navigate the insurance claims process, go to www.WashingtonAccidentBook.com to order a free copy of Mr. Davis’ book, “The Ten Biggest Mistakes That Can Wreck Your Washington Accident Claim.”

MSNBC reports that there have been a rash of pedestrian accidents in Snohomish County over the last few weeks.  Since mid-February, at least five (5) teenagers have been hit by trucks or cars while walking along Snohomish County roads.

“I’m not even sure why this is happening,” says Kristen Thortenson, a spokesperson for the Marysville Fire District and Snohomish County SafeKIDS. “Kids are paying less attention, and so are drivers.”

Although none of the young people were killed, most of them were taken to Harborview Medical Center in Seattle, the top trauma center in the Northwest region.  One boy suffered what has been described a “life-changing” injury, but no other details were given.

Experts believe there may be several factors at play, which may explain the rash of pedestrian accidents involving teens.  Teenagers are still growing and they may not be used to these changes, and may make risky decisions (like darting across the street at night). 

The switch to daylight savings may also play a factor.  Typical a time change will bring an increase in accidents because people are not used to the time change. 

Drivers today may also be failing to pay enough attention, especially when more and more people are using cell phones and other technological devices while driving.

All of us, pedestrians and drivers, need to take greater precautions, especially at night.  I would also advise teens to avoid walking along county or rural roads at night, without other traffic control measures present (like lights, sidewalks, etc.). 

I’ve also written in previous posts that Washington law imposes a duty of care on BOTH drivers AND pedestrians.  This means each person has to act carefully in consideration of the circumstances that are present.  Determining fault in auto-pedestrian cases can be challenging and complex.  Often times the determination of who caused or contributed to the accident is heavily dependent on the facts.  A change in one fact can lead to a different conclusion when it comes to deciding who should be charged for causing the accident.

Luckily, the bus was equipped with a camera which will provide invaluable evidence about how the accident occurred.  It was unknown whether the man was crossing at a marked or unmarked cross walk.  Although the fact that the man may or may not have been in a cross walk is not always determinative when it comes to assessing liability for the accident, it is often the first such question that police investigators ask.

I previously wrote about pedestrian accident cases.  A pedestrian who’s hit in a cross walk does not always mean that the driver is at fault.  Similarly, a pedestrian who’s hit while crossing the street outside of a marked cross walk does not always mean that the pedestrian is at fault.

Washington law imposes a duty of care upon both the driver and the pedestrian.  A pedestrian cannot cross the street, even in a cross walk, in such a manner so as to make it impossible for the driver to stop.  Also, a driver has the obligation to avoid causing a collision with a person even if that person is crossing the street outside of a cross walk.  Thus, whether each person satisfied their duty of care will depend on the individual facts involved.  Witness testimony is usually extremely important.  So is the results of a police investigation that collects physical evidence at the scene, and often includes measurements taken of skid marks, debris, etc.

I hope this man makes a speedy recovery.  He may be lucky in the sense that the video footage will show how this incident occurred.

As Mr. Dodson points out, the NHTSA stats show that the majority of the deaths happened in urban areas and outside of crosswalks away from intersections. What is noteworthy is that alcohol played a factor in 49% of these fatal traffic accidents. 

Auto accidents involving pedestrians are usually the most severe when it comes to causing catastrophic injuries and damages.  These cases are not always a slam dunk from a legal standpoint.  In Washington, a pedestrian owes a duty of care and a duty to act reasonably when crossing the street.  For example, RCW 46.61.235 states that it is illegal for a pedestrian to cross a street in a manner that makes it impossible for the driver to stop.  For this reason, a person who is hit in a crosswalk is not always fault-free, and the insurance company often takes a hardline approach to these cases.

By the same token, a person who is hit or killed while crossing the street in a no-cross zone, or outside of a crosswalk, is not always at-fault for the accident.  Many times a driver is engaging in some unsafe conduct, like speeding or failing to pay attention, and these circumstances can be used to show that the driver shares most or all of the fault for causing the accident.

Motor vehicle and pedestrian accident cases are complex, time-consuming and should be investigated thoroughly.  Often times the facts are hidden and must be flushed out by an experienced attorney and/or accident investigator.  I’ve seen many cases where it appears to be an open and shut case about who caused the accident, but in fact further investigation reveals a different determination.

The police reported that the man, Brandon J. Harris, stopped his vehicle on 183rd Avenue Southwest to speak to someone he saw in a car parked on the side of the road.  Mr. Harris was then hit when while attempting to cross the street to return to his car.

Although the other driver was not cited for the incident, it is unclear who was at fault for the collision.  Washington law states that both pedestrians and drivers exercise ordinary care.  One question that needs to be answered is whether Mr. Harris stepped out in front of the driver without an opportunity to avoid the collision, and whether the driver was acting in a negligent fashion, like speeding or failing to pay close attention to the roadway. 

I expect the police to perform a fatality investigation which means all evidence will be considered and analyzed before fault can be assessed.  The Davis Law Group offers its condolences to the family of Mr. Harris.  This is no doubt a tragic loss.