Archive for the ‘Articles’ Category

Straight Talk Law: Seattle, Washington Personal Injury Lawyer Jason Epstein In “How To Buy A Safer Car”

Thursday, January 20th, 2011

In America, we’re constantly bombarded with car commercials that all promise us a safer ride – as long as we buy the newest, most technologically up-to-date model.  But how do we know which vehicle is really the best and safest – so that, even when we are involved in a car accident, we can minimize the chances of personal injury and wrongful death?

Well, there’s an easy way to check on the safety rating on whatever manufacturer model you’re considering – just visit the Federal Department of Transportation website, www.SaferCar.gov .

Beginning with the 2011 model year, the government has established a new and much more rigorous safety rating for all new cars.  The upgraded ratings system, unveiled in October of 2010, will evaluate side pole crash testing and crash prevention-technologies.   Not only that, but being a crash test dummy is no longer just a man’s world – for the first time ever, female crash test dummies are being used in crash simulations to study a car accident’s effect on women.

Secretary of Transportation Ray LaHood said of the new ratings system, “We’re raising the bar on safety. Through new tests, better crash data, and higher standards, we are making the safety ratings tougher and more meaningful for consumers.”

The old ratings system, just like the new one, is based on a 5 star rating, with 1 star being the lowest and 5 stars the highest.   The problem with the old system was that too many vehicles were able to reach the highest ratings, giving consumers little guidance on choosing between models.  Because the standards are now higher, ratings now have much more variance.

Now, the safety of passenger cars, SUVs, vans and pickup trucks in three broad areas – frontal crash, side crash, and rollover resistance – are evaluated.  New technological safety features, such as electronic stability control, lane departure warning, and forward collision warning, are also taken into account in the final rating.

One of the most significant changes to the ratings program for consumers is the addition of an Overall Vehicle Score for each vehicle tested. The Overall Vehicle Score combines crash test results and compares them to the average risk of personal injury, wrongful death and rollover potential of other vehicles.

SaferCar.gov also contains valuable information that’s important to current car owners as well, including the latest safety recall information and service bulletins for most car models.  A car owner with a safety complaint about his or her vehicle can also report it to the The Office of Defects Investigation (ODI) on the site.

This is an incredible resource for any car owner as well as anyone shopping for a new car.  Your tax dollars paid for it – so make sure you get your money’s worth!

For more free “Straight Talk Law” information, please visit the website of Seattle, Washington Personal Injury and Wrongful Death Attorney Jason Epstein at www.straighttalklaw.com, where you can order free books on personal injury lawyers, Washington auto accidents, auto insurance, and other valuable legal information, offered as a public service by Mr. Epstein’s law practice in Seattle, Washington.

How to Handle Construction Site Accident Injuries

Friday, January 7th, 2011

Due to the number of hazards present in construction sites, construction employees are more at risk for injury almost every other profession. Each year, hundreds of thousands of construction workers are injured in some way in the workplace. Clearly, construction work is a dangerous job, but that does not mean that those who work in it should be withheld from protection if they are injured due to the negligence of their employer. L&I will be able to help in some regard for these injuries, but due to the complexity of construction liability, and the seriousness of most injuries, a personal injury lawyer is oftentimes necessary in fighting these claims. The fact of the matter is that the company you work for is responsible for providing you and the other employees with a safe working environment. If you are injured on the job because of their negligence, they are liable and should pay for your damages. Construction companies have been dealing with injury claims for a long time, and are very skilled at distancing themselves from any fault. This is why it is so important to seek the advice of an experienced Seattle construction site injury lawyer if you get hurt on the job.

There were over 26,000 injuries in 2009 resulting from construction site accidents that forced an employee to miss time from work. This translates to 382 of every 10,000 construction workers having to miss work due to an injury every year. Many of these injuries are very serious as well, and require the employee to miss a lot of days from work. The average injury in 2009 required construction workers to take 14 days off from work, and 33% of those injured missed more than a month. Injuries of this magnitude usually require very expensive medical care, which along with missed days of work, can lead employees into a financial hole. Even worse than an injury is an accident that leads to a fatality. The construction industry tops every other private profession in work related fatalities, with 819 in 2009. While this is a very tragic number, it is actually a decrease of 16% from 2008. This reduction held true as well for the amount of deaths resulting from building construction. If a friend or family member has died in a construction site accident, then you may have grounds for a wrongful death claim. Whenever you feel ready to do so, you should speak with an experienced Seattle wrongful death attorney for advice.

There are certain injuries that are more common in construction site accidents than others. Sprains, tears or strains make up nearly 32% of all construction site injuries. Accounting for 17% of all construction injuries are cuts, lacerations or punctures, while 12% were fractures. It is of the utmost importance for anyone in the construction field to understand how exactly these injuries happen. 25% of all injuries are caused by being struck by an object. Falling to a lower level stands as the second most common way people get injured – making up 10% of all injuries. Overextension is the third most common cause, at 9% of all construction injuries. Construction workers don’t only have to worry about those common physical injuries, though. In 2009, there were about 8,900 cases of illness that were caused by the working conditions that construction employees worked in. There are a lot of different ways that construction workers can get injured or sick on the job, but they should not be burdened with having to pay the medical bills when it was not their fault.

If you have been injured in a construction site accident, or are a close family member with someone who has died in one, you should seek the advice of an experienced Kent or Renton personal injury attorney. Not every construction injury case will require a lawyer, but because almost every personal injury firm in Seattle offers free initial consultations, you have nothing to lose by seeking help. Make sure you thoroughly research Washington construction injury firms, and are comfortable with the lawyer you speak to before signing any forms. If you would like a free consultation, feel free to give me a call at (206) 285-1743 anytime.

This information is provided by Straight Talk Law, where you can order free books on Washington car accidents, buying insurance, and other valuable legal information, offered as a public service by Bellevue personal injury attorney Jason Epstein and his King County car accident, Pierce County motorcycle accident, and Seattle wrongful death law firm in Seattle, Washington.

Straight Talk Law: Seattle, Washington Personal Injury Lawyer Jason Epstein On “Buckling Up Keeps Fatalities Down”

Thursday, January 6th, 2011

In this age of increasing distracted driving car accidents (currently the number one concern of most motorists), we can sometimes forget the important role that safety belts continue to play in keeping us all safe on America’s highways.

Fortunately, organizations like the National Highway Traffic Safety Administration (NHTSA) conduct important research that serves to remind us just how vital our vehicle restraint systems are.

In a recent study from the end of 2010, the NHTSA released its estimates of how many wrongful deaths were avoided in car accidents, thanks to the vehicle occupants being buckled up.   In 2009 alone, an estimated 12,713 lives were saved – and, in the five year period from 2005 through 2009, that number reached over 72,000.

With seat belt usage averaging at around 84% for all age groups, it’s clear that most Americans realize the importance of buckling up.  Unfortunately, one age group uses seat belts less than the others – 16 to 24 year-olds, only 80% of who use safety restraint systems while driving.

It may be an abstract statistic to read in this article – but the reality of it hit home during the holiday season in the Trenton, New Jersey area.  On December 16th, 18 year-old Nick Gazzara, a star soccer player, drove down a snowy highway, lost control of his vehicle and slid into an oncoming truck.  He was not wearing a seat belt and was pronounced dead at the scene.

To combat these kinds of senseless tragedies, the Garden State’s Division of Highway Traffic Safety is working together with the Brain Injury Association of New Jersey in launching a new effort this year to encourage safer teen driving, including the regular

use of seat belts.

The program, entitled the “U Got Brains Champion Schools Project,” will offer one thousand dollars to two schools to create their own safe driving initiative and compete against 17 other schools to win driving simulators.   It’s named after a state website, UGotBrains.com, which was created a few years ago to promote safe driving habits.

The site features videos and accounts of car accidents that resulted in personal injury and wrongful death, safe driving tips, and shocking statistics, such as the fact that two-thirds of teens killed in crashes weren’t wearing seat belts.

“The main focus today is on texting while driving, but we can’t forget about seat belts,” said Bill Kolbenschlag, a communications associate with the Brain Injury Association of New Jersey.

Teen drivers’ mix of inexperience and sometimes reckless behavior translates to a greater chance of them being involved in a tragic crash than other age groups.  Being buckled up at least puts the odds in favor of them surviving such crashes.

For more free “Straight Talk Law” information, please visit the website of Seattle, Washington Personal Injury and Wrongful Death Attorney Jason Epstein at www.straighttalklaw.com, where you can order free books on personal injury lawyers, Washington auto accidents, auto insurance, and other valuable legal information, offered as a public service by Mr. Epstein’s law practice in Seattle, Washington.

Straight Talk Law: Seattle, Washington Personal Injury Lawyer Jason Epstein On “No Refusal For The Holidays”

Monday, December 20th, 2010

It’s no surprise that drunk driving car accidents that result in wrongful death and personal injury spike during the Christmas and New Year holiday season.  Research by the National Highway Traffic Safety Administration (NHTSA) shows that fatalities increase on average by 20%.

Also, during the rest of the year, drunk driving accounts for roughly 31% of all car accident deaths; that jumps up to 38% during the Christmas period and 41% during New Year’s.

Communities all across America have searched for ways to combat this problem.  One of the most effective ways to deter drunk drivers is called the “No Refusal” strategy.  “No Refusal” is being implemented by more and more states during the holiday season in order to stop drunk driving car accidents and prevent personal injury and wrongful death tragedies.

The basis of the policy is the fact that many drunk driving suspects refuse to take breathalyzer tests when the police pull them over.  Roughly one out of four, as a matter of fact, won’t submit to the testing (New Hampshire has the highest refusal rate at 81%).

Under the “No Refusal” strategy, however, law enforcement officers can quickly obtain search warrants from judges who are “on call” – allowing them to immediately obtain blood samples from the motorists in question to determine their intoxication level.    States who have put the “No Refusal” program into action report that they are able to get more guilty pleas, fewer trials and more convictions.

The program was recently applauded by Secretary of Transportation Ray LaHood, who commented, “Drunk driving remains a leading cause of death and injury on our roadways.  I applaud the efforts of the law enforcement officials who have pioneered the ‘No Refusal’ approach to get drunk drivers off our roads. And I urge other states to adopt this approach to make sure that drunk drivers can’t skirt the law and are held accountable.”

The Federal Government is backing up its words with a $7 million national ad campaign, which began on December 15th and is scheduled to run through January 3rd, 2011, supporting the holiday drunk driving enforcement crackdowns.

In 2009, the NHTSA’s data shows that 10,839 wrongful deaths occurred as a result of car accidents fueled by alcohol.  753 of those deaths occurred in December.    It’s against the law in all 50 states, as well as the District of Columbia, to drive with a Blood Alcohol Concentration (BAC) level of .08 or higher.

For more free “Straight Talk Law” information, please visit the website of Seattle, Washington Personal Injury and Wrongful Death Attorney Jason Epstein at www.straighttalklaw.com, where you can order free books on personal injury lawyers, Washington auto accidents, auto insurance, and other valuable legal information, offered as a public service by Mr. Epstein’s law practice in Seattle, Washington.

Flood Driving Tips | Kent Personal Injury Lawyer

Monday, December 13th, 2010

After working on Seattle auto accident settlements for several years as a Bellevue injury attorney I have seen what disasters can happen on wet or flooded roads. Heavy rains, wind and unusual cold are all characteristics of La Nina, the weather pattern that has been thrashing Washington with stormy weather this winter. The heavy levels of rainfall and snow create a dangerous situation as the water levels in local creeks and rivers rise and flood. Washington floods can cause serious damage to houses, businesses and property, but can also be extremely dangerous to vehicles on the road as they attempt to forge the high waters. Even when the water over the roadway appears shallow it can be extremely dangerous for a vehicle for the following reasons:

  • One inch of water can easily cause you to lose control of your vehicle
  • As little as 6 inches of water can push your vehicle off the roadway
  • 2 feet of water can float your vehicle- sending it into a raging stream or river
  • The waters depth may be deceiving- water can cause the road to wash out making the water much deeper than it appears- or if the road is still intact the weight of your vehicle may be the pressure it needs to cause the wash out

With all of these dangers in mind it is important that we all take precautions before hitting the roads in heavy rain falls. Here are some tips to help keep you and your vehicle safe during a flood.

1.      Watch the Weather Reports: I know in Washington we always joke about how untrustworthy the weather reports are, but in the case of flooding they are extremely useful. All news channels will run updated information on which rivers are flooding, road closures and evacuation routes and this information is easily accessible by simply watching the news, or via the news channels websites. King 5Komo 4Kiro 7.

2.      Take Alternate Routes: If you live in an area that floods regularly avoid the flood zones and take an alternate route.

3.      Don’t Ignore Road Closures: if there are barriers, blockades or road closure signs do not drive around them! No matter what size your vehicle is or how safe a driver you are the signs are there for a reason and it is not safe to continue down that path.

4.      Abandon Ship: if your car stalls in the flood waters do not stay with your vehicle- leave the car and move to higher ground immediately. Cars can easily be swept away and rolled in flood waters and many fatalities occur when people decide to stay with their vehicle.

5.      Be Wary at Night: if you are driving at night you must be even more cautious as seeing the high water levels and judging their depth will be extremely difficult.

6.      Avoid the Streets: if at all possible, avoid driving all together.

If you have suffered personal injury in an auto accident please do not wait to speak to an attorney you have limited time to file your claim. You may contact our Kirkland personal injury law firm for more information or to schedule a FREE consultation.

Hydroplaning – How to Avoid it and What to do if it Happens

Friday, December 10th, 2010

The complete lack of control a driver has while hydroplaning makes it one of the most frightening experiences someone can have in a car. Living in Washington has made us much more adept at driving in the rain, but as the weather gets worse, we need to be even more careful. As a Bellevue personal injury lawyer, some of the worst auto accidents I have seen were the result of a driver losing control of his or her vehicle in the rain. To reduce the risk of these accidents happening and the injuries that they cause, it is important for everyone to know how to reduce their chance of hydroplaning, and what to do if it starts to happen anyways.

Reducing the risk: A car hydroplanes when its tires lose grip with the road and slide across the water that covers it. One of the most important factors in causing this to happen is the speed of the vehicle. Once a car reaches a certain speed, driving in the rain becomes basically the same thing as driving on ice. Water can buildup underneath the tire when speed increases, and at a certain point, the weight of the vehicle is no longer great enough to maintain traction on the road.  While speeding is a common cause of hydroplaning, it does as much harm to slam on the brakes in the rain. Sudden breaking in the rain will usually result in the car skidding, and the driver losing all control of his or her vehicle. To make sure you don’t have to do this, always keep a safe distance between you and the car in front of you.

The quality of your tires is also one of the most important factors in hydroplaning. Worn down tires lack tread, and thus the ability to disperse water from underneath the tires. Amongst the key components in driving safely in wet conditions are tread depth and pattern, along with the tire size and pressure.

What to do if your vehicle hydroplanes: While the risk of hydroplaning can be significantly reduced by driving slower and having good tires, it is also very important to know exactly what to do if you start to lose control of your vehicle. It is not always easy to know if you are hydroplaning, but when it is serious, you will be able to easily recognize the lack of power you have over what your vehicle is doing. When this happens, the crucial things to avoid doing are immediately slamming on the breaks, and turning the steering wheel. Both of these can force your car to skid and potentially turn sideways. What you should do, is hold the steering wheel tightly in a straight-forward direction, and ease off the accelerator. If you feel your rear tires hydroplaning, you can turn the steering wheel into the skid to regain traction, but immediately turn the wheel back forward once you do. If your car has an anti-lock braking system, you can brake normally to slow down the car. For vehicles that do not have ABS, the best way to stop is by lightly pumping the brake.

Hydroplaning is very dangerous and can lead to serious car accident injuries. If you have been hit by someone who was hydroplaned and would like to speak with an experienced Sammamish car accident lawyer, give our office a call at (206) 285-1743

This information is provided by Straight Talk Law, where you can order free information on Seattle auto accidents, buying Washington car insurance, and other valuable legal information, offered as a public service by King county personal injury attorney and author Jason Epstein and his Seattle auto accident, Everett motorcycle accident, and Bellevue wrongful death law firm in Seattle, Washington.

Forearm Injuries | Seattle Personal Injury Cases

Thursday, December 9th, 2010

Being a Seattle injury attorney and working on Bellevue auto accident settlements I have seen the serious upper body injuries that can occur in an auto accident. The upper body, particularly the arms, neck and head suffer the most frequent injuries in auto accidents simply from the force of the accident jerking the body forwards and backwards. When involved in a high speed car accident the force on our bones as you grip the steering wheel can cause wrist fractures, shoulder injuries and forearms fractures.

The forearm is composed of two bones: the radius which spans the inner forearm and the ulna which is the outer bone in the forearm. These bones not only keep the structure of the forearm, they also connect to the elbow and wrist joints, allowing for mobility and serve as attachments for the muscles that travel into the upper region of the body. When either of these bones breaks it is debilitating and more often than not, requires surgery and extensive recovery time to heal.

There are a few different forearm fractures that can affect an auto accident victim, an isolated diaphyseal fracture, a radial shaft fracture or a fracture to both the radius and ulna. An isolated diaphyseal fracture is a fracture to the ulna. This type of fracture is fairly uncommon and is typically treated with cast as the bone does not typically get out of alignment and can easily heal by immobilizing the arm.

A radial shaft fracture is complicated and uncommon; as it occurs to the radius of inner forearm bone. This injury is uncommon mainly because when the forearm is injured the fracture is typically to both the radius and ulna as they are so close together. Most often a radial shaft fracture requires surgery to realign the bone into the proper position.

The third type of forearm fracture is a fracture to both the ulna and radius bones, which is the most common type of forearm fracture. This injury nearly always requires surgery. Without surgery the bones will not heal properly and will be unstable and susceptible to breaks in the future. The surgery for this injury consists of screwing a metal plate into both of the bones to help it heal properly. This surgery requires two incisions- one on each side of the arm as it is impossible to reach both fractures through one incision.

Symptoms of a forearm fracture are similar to any other fracture including pain in the area, swelling, and even deformity of the broken area.  If you are involved in an auto accident that leads to serious injury do not wait to contact a lawyer you have a limited amount of time to file a claim. An aggressive lawyer can help figure out not only if you have a case, but help you decide on the best route towards healing. If you would like to schedule a free consultation please contact our Bellevue personal injury law firm through the previous link.

Straight Talk Law: Seattle, Washington Personal Injury Lawyer Jason Epstein On “The Faces Of Distracted Driving”

Wednesday, December 8th, 2010

Margay Schee of Citra, Florida was 13 years old, when she was the victim of wrongful death.  Her school bus was hit by a semi-truck travelling at 60 mph; the driver of the semi said he never saw the bus.

Julie Davis, 58, of Rudolph, Wisconsin, had 14 grandchildren, the last one of which she never got to meet.  She was walking alongside a road with her friend when a 19 year-old driver, going 70 mph, hit her and killed her instantly.  There was no attempt to brake.

Ashley Johnson of Asheville, North Carolina was 16 years old when she was driving to help tutor a student, veered into another lane and right into the path of an oncoming vehicle.  She was killed in the car accident and it was later discovered that she was retrieving a text at the time of the crash.

These are three of what the Department of Transportation calls “The Faces of Distracted Driving,” an online video campaign designed to prevent distracted driving, which was responsible for 5500 wrongful deaths last year as well as a personal injury toll of 500,000.

Last month, Transportation Secretary Ray LaHood announced the launch of the campaign, which will focus on the personal stories of those who perished as a result of distracted driving – either because of another driver texting or talking on a cell phone or because they themselves were engaging in the dangerous practice.

LaHood has been very vocal about the distracted driving problem since he first recognized the growing dangers.  “Believe it or not, I wasn’t always so outspoken about the dangers of distracted driving, said LaHood in his blog. “But that all changed as I met people from coast to coast who told me about the loved ones they lost in senseless crashes caused by texting and cell phone use behind the wheel. And it was their stories – of dreams shattered and lives cut short – that turned the fight to end distracted driving into my personal crusade.”

The Department of Transportation feels strongly that putting human faces on this issue will force motorists to think twice before picking up that cell phone while in the driver’s seat.

The first three “Faces of Distracted Driving” videos can be viewed at http://www.distraction.gov/faces/index.html and those with personal stories to share are invited to send them in to faces@distraction.gov.   DOT expects to add a new video every few weeks.

For more free “Straight Talk Law” information, please visit the website of Seattle, Washington Personal Injury and Wrongful Death Attorney Jason Epstein at www.straighttalklaw.com, where you can order free books on personal injury lawyers, Washington auto accidents, auto insurance, and other valuable legal information, offered as a public service by Mr. Epstein’s law practice in Seattle, Washington.   Mr. Epstein allows invites teenagers to take the pledge to not text and drive at his website, www.TeensAgainstDistractedDriving.com.

Normal TMJ Anatomy

Monday, December 6th, 2010

Being a Redmond personal injury attorney and working with the victims of severe Bellevue auto accidents I realize that the face commonly suffers injury in auto accidents simply because the force of a collision sends the face plowing into the steering wheel, dashboard or airbag. This force can not only lead to bruises, and a broken nose it can also lead to jaw problems that can affect the victim for a lifetime.

TMD or Temporomandibular Disorders is a very common injury to the temporomandibular joint or TMJ. TMJ is a joint that connects the temporal bone of the skull to the mandible or lower jaw. The joint is located in front of each ear and allows the jaw to move from side to side and up and down- enabling a person to chew, talk and yawn. The muscles surrounding the joint control how the jaw sits and it’s movement. TMD is a problem with the jaw joint, jaw and muscles that control the movement in the jaw such as chewing and opening the jaw.

Injuries or trauma to the jaw such as those suffered in an auto accident can lead to TMD, other causes include excessive grinding or clenching of the teeth, dislocation of the disc in the joint, arthritis and stress.  TMD is accompanied with a wide variety of uncomfortable symptoms including pain in the jaw, face, neck or shoulders, difficulty opening the mouth wide, a jaw that gets stuck open or closed, clicking or popping in the jaw joint, and swelling on the side of the face.

The treatment options for TMD vary depending on how bad it is. Many people choose to live with the discomfort and simply minimize the pain by avoiding gum and chewy foods such as beef jerky. For those with worse cases of TMD a mouth guard may be prescribed to immobilize the jaw and prevent grinding and clenching while the patient sleeps. For more advanced cases surgery may be an option.

Hiring the Best Motorcycle Accident Lawyer for Your Case

Friday, December 3rd, 2010

As a Bellevue personal injury attorney, I have been fighting on the behalf of seriously injured motorcyclists for more than a decade. While I also represent victims injured in automobile accidents as well as other kinds of accidents, I’ve found that motorcycle cases are unique and cannot be correctly fought using just any kind of lawyer. It is very important to choose the best attorney for your case, but it is not an easy process unless you know what to look for. Motorcycle accident cases have such unique circumstances and lingo that they require a special type of attorney. Here are two of the most important traits to look for when choosing an attorney for your case:

Experience Fighting Motorcycle Cases. Juries tend to have a bias against motorcyclists in motorcycle accident cases before entering the courtroom, and the insurance companies know it. They will try to make liability an issue if the case goes to court, and that strategy can work because of the incorrect inherent belief of many people that motorcyclists are reckless. To fight this strategy, you need a savvy attorney who has the experience necessary to make your side of the story and the facts involved very clear to the jury. Damages in motorcycle accident cases also pose a unique issue, because they tend to be very painful and expensive. An attorney with years of experience representing cases like yours will know how to explain your injuries and suffering to a jury that comes into the courtroom against you. The first step in finding the right attorney for your motorcycle accident case is narrowing it down to those who specialize in personal injury cases. Once you have done that, you can narrow down the search further by looking up attorneys close to where you live online. When you schedule a meeting with one of them, be sure to ask about their experience in motorcycle accident cases.

Experience on a Motorcycle. You need somebody who understands what you are going through. Someone who has experience riding a motorcycle can relate to the thrills and fear involved that you know all too well. I firmly believe that my many years of riding has made me better prepared to represent motorcycle accident victims. I can paint a much better picture for the jury if the case goes to court than someone who has never been on a motorcycle before. There is lingo that is specific to motorcycles, and it is crucial for a lawyer to understand what it means and how to use it. An attorney that has experience on a motorcycle can use the extra knowledge that it brings to get you the money that you need to cover your damages.

Motorcycle accidents can cause a lot of damage, and the insurance claims process can be very confusing. Most Washington personal injury lawyers offer free initial consultations, which allows you the opportunity to see whether or not the attorney is right for your case. For more information, check out my books on Washington auto accidents by clicking the preceding link.

 

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