Puget Sound Personal Injury and Employment Law Attorney: King County, Pierce County, Snohomish County

Mar
10
2010

Blog, Consumer Protection By Alexandra | 1 comment

Google Maps Adds Bicycle Routes

Today, Google launches “Bicycle directions” on its Google Maps. It will be unveiled at the National Bike Summit in Washington, D.C.

In the Emerald City, known for its sustainability practices and “green living,” Seattle was the appropriate launching ground for this innovative mapping feature. In response to over 51,000 signatures on a petition requesting a reliable source of safe bike routes, a Google team based in Fremont, Seattle, Washington developed bicycle route option for Google Maps. The feature enables bicyclists to find safe bike routes within 150 different cities. Routes are based on topography and the amount of energy a rider would need to reach the destination. The routing algorithm selects optimal directions that avoid freeways, busy roads and intersections, and considers bike paths, bike lanes and bike-friendly streets. Such objectives do not necessarily generate the most direct routes. More aggressive or fit cyclists may modify their routes by clicking and dragging the suggested routes to adjacent roads and trails on the map.

Sample Map

Source: TechFlash.com

Bicycling More Than Recreation, It’s Transportation

Bike enthusiasts, including D.L. Byron, publisher of BikeHugger.com, hope this new Google Map feature will promote cycling as a reliable, safe means of transportation.

Google Maps bicycle project lead, Shannon Guymon, said “We are hoping by launching this feature we encourage more bike riding. Giving this data on the maps makes it seem more accessible.”

Safety & Legal Implications

With the potential for stimulating an increase in bike traffic, Google Maps intentionally posts a warning to users of Google Maps bicycle directions, stating “Use caution and please report unmapped bike routes, streets that aren’t suited for cycling and other problems.” This warning immunizes Google Maps from any legal liability for personal injuries caused to bicyclists who relied upon Google Maps directions for a bike route.

Moreover, if Google Maps spurs a growth in bike traffic on roadways, drivers should be mindful to share the road with bicyclists.

Copyright © 2010 The Filutowski Law Firm, PLLC. This post is intended for general information purposes only and should not be construed as legal advice or legal opinions on any specific facts or circumstances. An attorney-client relationship is not created or continued by reading this post. If you would like further information regarding the matters discussed herein, you may post a comment. If you need a consultation on a legal matter, contact Alexandra Filutowski.

Mar
5
2010

Blog, Consumer Protection, Seattle, Washington State By Alexandra | No comments yet

No Cell Phone Talking Or Texting For Teen Drivers in Washington State

Wednesday, the Washington State House passed a bill prohibiting teenage drivers from using a cell phone while driving. This ban is a primary offense and includes talking and texting. The penalty is a $124 fine. The House did not pass the portion of the bill proposing to make it a primary offense for adult drivers to talk on hand held cell phones. It did pass the portion of the bill that makes it a primary offense for adult drivers to text and drive.

Much debate surrounds the issue of government regulating personal freedom in a car v. public safety, driver distraction being equivalent for adult drivers, and driver distraction being the same whether talking with a hand held cell phone or on a bluetooth. For more information, read our firm’s past blog posts under Consumer Protection.

Increased number of collisions (many times, single vehicle) occur due to driver distraction. Dr. Phil reveals the grave risks teens pose to themselves and the public when texting and driving. One teenager admits to being addicted to texting, sending over 5,000 texts a month.

Teens do not recognize their level of inexperience. Simply being a “good texter” does not equate being a good driver. Similarly, for adult drivers, simply being a good driver does not mean one can also effectively multi-task with texting or talking on a cell phone. In 2007, New York-based news station, 13Whams researched driver distraction caused by texting following a fatal accident. Three years later, the legislature in Washington is catching up with the pace of society. Washington State remains to be only 1 of 19 states that has a law prohibiting texting while driving.

Opponents to making driving and talking on a cell phone a primary offense, argue that drivers are equally distracted by eating a BigMac, turning the radio dial, drinking coffee or navigating with GPS. However, no studies indicate that the level of distraction is equivalent to that created by cell phones. Studies routinely indicate that talking on a cell phone (whether hand held or on a bluetooth) increases the chances of an accident by four times, which is equivalent to drunk driving.

Mar
4
2010

Blog By Alexandra | No comments yet

Mandatory Arbitration in Washington State

On March 11th, Ms. Filutowski will speak at the Washington State Association for Justice’s Continuing Legal Education seminar on Mandatory Arbitration. She will discuss the nuances of various county rules (Pierce, King and Snohomish) and how to develop a personal injury cliam’s strongest arguments for arbitration.

Mar
3
2010

Blog, Washington State By Alexandra | No comments yet

Cell Phone Use While Driving – Primary Offense in Washington State?

Washington State legislatures will be considering whether texting and using a hand held cell phone should be a primary offense. To encourage your legislature to pass the proposed bill, visit Driven to Distraction Task Force of Washington State.

Chief of Harborview Medical Center speaks in a video about the increasing incident of injuries caused by drivers distracted by cell phones:

Feb
9
2010

Blog, Consumer Protection, U.S. By Alexandra | No comments yet

Another State Bans Driver Cell Phone Use

Virginia passed a law banning drivers from using handheld cell phones while operating a motor vehicle. Holding a cell phone while operating a vehicle is a $20 primary offense. Second offense is $50. By 2011, the fine will increase to $200. Virginia is one of only approximately 20 states that bans the use of handheld cell phones by drivers.

City council members in Chapel Hill, North Carolina, are working to ban drivers from using a cell phone while operating a vehicle.

It is currently a secondary offense in Washington State for drivers to use a handheld cell phone. Lawmakers are working on making it a primary offense.

Feb
4
2010

Blog, Consumer Protection, Travel & Resorts By Alexandra | No comments yet

Protect Yourself When Traveling for Renergizing Retreats and Recreation

The shocking deaths last year at the Arizona sweat lodge just outside of Sedona occurred at motivational speaker, James Arthur Ray’s retreat, “Spiritual Warrior.”

Some of the attendees (who paid $9,000.00 each for the 5-day retreat) started collapsing and vomiting during a session. James ridiculed them and pushed them to stay in the 100+ degree lodge. Those three who collapsed, died later. 18 more were hospitalized.

James is now being charged with three counts of manslaughter. In response to those passing out and vomiting, James stated: “it’s a good day to die.”

Sweat lodges are traditionally used by American Indian tribes to cleanse the body and prepare for hunts, ceremonies and other events. The structure used by Spiritual Warrior attendees crudely imitated such a set-up with heated coals, tarps and blankets.

The American Indian ritual is to help restore balance and change people’s attitudes and self-image, according to Joseph Bruchac, author of “The Native American Sweat Lodge: History and Legends.”

Bruchac claims people have died in sweat lodges in the past – sick tribal elders who voluntarily stayed until they died or those who had heart conditions and were in poor health.

The Spiritual Warrior retreat schedule had few details about what to expect, let alone associated risks – one being illness or death. Details, rather, came in a lengthy release of liability, stating: participants may suffer “physical, emotional, financial or other injuries” while hiking or swimming, or during a multi-day personal and spiritual quest in the wilderness without food or water or the sweat lodge.

If you are someone you know has suffered at a retreat or spa in the United States due to negligence or recklessness, they may have a right to recovery. Even if a waiver or release of liability has been signed, there may still be a right to recovery based upon what the releasing individual understood, appreciated and consented to.
However, if you were injured overseas, the ability to sue for personal injury is complicated by determining what law applies. If a U.S.-based company (such as the Westin, Hilton, etc.) hosted a retreat overseas and you were injured, you may have a right to recover within the United States against the hotels and/or the U.S.-based travel booking company.

Regardless, though, when traveling, due to the risks of which laws protect you, you should always read the details of all releases (even if it’s in size 6 point font & 2 pages long!) – ask questions and become fully informed of the risks.

For example – para-sailing in Mexico – most are loosely operated by a couple individuals on the beach collecting cash. No paperwork. No questions. If you were to be injured while para-sailing – due to the negligence of the operator – you would likely have no feasible right to recovery under Mexico’s law. Trying to sue in the United States would prove quite difficult. Furthermore, the operator may not be insured and has little money, except what cash is collected from tourists. Para-sailing operations are vastly different and more safe in the United States – where operators are required to carry insurance.

Therefore, when traveling abroad, it is important that you ask questions about the risks involved, age of the equipment, experience of the instructors/guides, etc. when traveling – and then, and only then, proceed at your own risk.

Jan
29
2010

Blog By Alexandra | No comments yet

Hands-Free Cell Phone Use Doesn’t Reduce Driver Distraction

The New York Times (1/29, Jensen) reports that a study from the Highway Loss Data Institute shows that bans on cellphone use “haven’t reduced crashes” in some states, and the result “had the researchers scratching their heads.” The study, finished in December, compared all crashes in California, New York, Connecticut and Washington with crashes after bans were instituted, and researchers “can’t even see a blip in the data.” One possible explanation is “that while cellphones are a distraction, maybe they are not ‘all that much worse a distraction than many of the other things that we do,’” institute president Adrian Lund said. Alternately, the data may mean “drivers in places with these bans may be switching to hands-free phones,” and crash risks are “about the same as with handset phones.”
The Washington Post adds that in the capital, the study showed that a ban on cellphone use “hasn’t made the streets much safer.” The Post also notes the lack of effect from hands-free cellphones, and points out that “the larger issue of distracted driving has gained traction” with the finding that the practice does not reduce accidents. The Post adds, “The report is the latest in a growing body of evidence cited by those who advocate banning all cellphone use by drivers,” and it points out that the National Safety Council “called last year for a ban on cellphone use while driving.”
The Wall Street Journal also reports the story, noting that the study conclusions come as regulators are also focused on the practice of texting by both regular and commercial drivers.

Source: American Association for Justice

Jan
24
2010

Blog, Products Liability, Washington State By Alexandra | 1 comment

Former Student, Distracted By Texting, Kills Bicycling High School Teacher

In Washington State’s first vehicle homicide case involving a driver distracted by texting, 18-year-old Antonio Cellestine was sentenced to 60-months in jail for killing his former Hudson’s Bay High School teacher, Gordon Patterson.

KATU: Man was texting when he hit and killed teacher.

Cellestine was texting his girlfriend when he swerved off the road and hit 50-year old Mr. Patterson, who was lawfully pedaling home from school in the bike lane, wearing a helmet. Cellestine fled the scene and was later arrested at a party.

Cellestine’s statement to officers that he was also distracted by brushing cigar ashes from his shirt is unverified by any evidence from the vehicle.

Cellestine’s record includes two instances of driving with a suspended license, driving without insurance and a July 23 incident for possession of marijuana.

With his difficult past, Cellestine credits Mr. Patterson for focusing on academics and graduating from high school.

Mr. Patterson is survived by his stay-at-home wife Carrie Patterson and three children, Julia, Caleb and Jonathan.

The government has responded to the increasing concern with drivers distracted by cell phones, leading to the creation of distraction.gov

The Oprah Show raises awareness of the victims of distracted driving.

Currently Washington State lawmakers are working to pass a bill that will change existing law from using a cell phone as a second offense, to a first offense.

Sources: The Seattle Times

Jan
24
2010

Blog, Consumer Protection, Seattle, Washington State By Alexandra | 2 comments

Washington State Lawmakers Working to Make Cell Phone Distraction Primary Offense For Drivers

Currently Washington State drivers can be cited for talking on a cell phone or texting only if a police officer pulls them over for some other traffic violation (e.g., speeding, swerving, running a red light, no seat belt, etc.)

Citizens and public officials recognize the serious (and sometimes fatal) risks caused by drivers distracted by cell phones, and therefore want a stronger law that will more effectively deter drivers from using cell phones in their cars.

Since the first cell phone bill took effect on July 1, 2008, the Washington State Patrol has ticketed only 2,341 drivers. Sgt. Freddy Williams says the laws need to be strengthened, and that this is a step the department endorses: “we need to reduce distractions in any way we can,” he said. “Talking on a phone and texting are distractions that can prove injurious if not fatal.”

Lawmakers are working to pass a bill that will make it a first offense for drivers to text or talk on cell phones.

The proposed bills will be discussed this Monday: HB 2635 and SB 6345.

Source: KOMO News

Jan
22
2010

Blog, Consumer Protection, Products Liability By Alexandra | No comments yet

Toyota Voluntarily Recalls 2.3 Million Vehicles With Defective Gas Pedal

Safe, reliable vehicle design and manufacturing are expected by all consumers of vehicles. When this standard is violated by the manufacturer, lawsuits will arise and car manufacturers lose customer loyalty.

Such violation of customer trust has occurred twice for Toyota. Toyota’s ineffective quality control and/or research and design teams have led to two, independent recalls of millions of vehicles in the past three months.

Toyota is recalling 2.3 million cars and trucks in response to the increasing reports of its cars suddenly speeding out of control due to a sticking accelerator pedal. On December 26 four people died in Texas when the accelerator stuck and sped the Toyota Avalon into a pond.

The recall covers certain cars and truck models from 2005-2010. Toyota states:

“In recent months, Toyota has investigated isolated reports of sticking accelerator pedal mechanisms in certain vehicles without the presence of floor mats,” said TMS Group Vice President Irv Miller. “Our investigation indicates that there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position. Consistent with our commitment to the safety of our cars and our customers, we have initiated this voluntary recall action.”

Toyota’s accelerator pedal recall is confined to the following Toyota Division vehicles:

• 2009-2010 RAV4,
• 2009-2010 Corolla,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• 2007-2010 Camry,
• 2010 Highlander,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

No Lexus Division or Scion vehicles are affected by this recall action. Also not affected are Toyota Prius, Tacoma, Sienna, Venza, Solara, Yaris, 4Runner, FJ Cruiser, Land Cruiser and select Camry models, including all Camry hybrids.

The condition is rare, but can occur when the pedal mechanism becomes worn and, in certain conditions, the accelerator pedal may become harder to depress, slower to return or, in the worst case, stuck in a partially depressed position. Toyota is working quickly to prepare the correction remedy.

In the event that a driver experiences an accelerator pedal that sticks in a partial open throttle position or returns slowly to idle position, the vehicle can be controlled with firm and steady application of the brakes. The brakes should not be pumped repeatedly because it could deplete vacuum assist, requiring stronger brake pedal pressure. The vehicle should be driven to the nearest safe location, the engine shut off and a Toyota dealer contacted for assistance.

Toyota will continue to investigate incidents of unwanted acceleration and take appropriate measures to address any trends that are identified.

Toyota owners who have questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.

This is Toyota’s second recall in less than three months. Last Fall, over 3.8 million cars were recalled following reports of the gas pedal sticking behind the driver’s floor mat.

Both recalls included Toyota’s best-selling model, the Camry.

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