Articles Posted in Personal Injury

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A 35-year-old man was recently hospitalized with injuries he sustained in a Washington bicycle accident. According to a news report, the bicyclist was headed east on a road in Bainbridge Island when a driver pulled out in front of the bike and caused the collision. The bicyclist was transported to a Seattle hospital with serious injuries. However, officials said that his injuries were not life-threatening. The bicyclist was wearing proper reflective gear and had lights on his bicycle; however, the car’s driver apparently told officials that he was not able to see the bicyclist. The Kitsap County prosecutor’s office is reviewing the case to determine whether any charges should be filed.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), 698 bicyclists died in 2007 nationwide and about 43,000 were injured. Bicycle accidents often occur because motorists are not actively looking for smaller vehicles such as bicycles or motorcyclists when they attempt a turn on the roadway or come out of a parking lot. As a bicycle accident victim, if you have been injured by a negligent driver, you could seek compensation to cover medical expenses, lost earnings, cost of hospitalization, physical therapy and other related damages.
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So far, Toyota has recalled more than 7 million vehicles over faulty gas pedals and floor mats. The auto maker has also stopped production and sales of eight models, including its top-selling Camry and Corolla models. The first Toyota recall was issued last year after an auto accident in California killed a highway patrol officer and three members of his family. The officer was in a loaner Lexus and the defective floor mat in the car allegedly caused the accelerator pedal to become jammed. The car accelerated out of control at 120 mph, crashed, and caused four fatalities.

Toyota officials say they have come up with a fix for the gas pedals, which has been approved by the National Highway Traffic Safety Administration (NHTSA). The problem with the gas pedals was that the pedal mechanism could become worn and harder to depress or it could get stuck in a partially depressed position, thus causing sudden or unintended acceleration.

Toyota engineers have been working to insert a spacer in the pedal mechanism in order to increase the tension in a spring and reduce the risk of the gas pedal sticking or staying down. The auto maker has also come under quite a bit of criticism for failing to act quickly on unexpected acceleration issues related to the faulty floor mats. Federal officials say Toyota has known about the problem with the mats since 2007 and has still done nothing to fix it.
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Falls from scaffolds are one of the main causes of Washington construction accidents. When a worker is on a scaffold, a number of things could go wrong. The Occupational Safety and Health Administration (OSHA) estimates that more than 2 million construction workers work on scaffolds each year. In addition, OSHA estimates that protecting these workers from scaffold-related accidents would prevent 4,500 injuries and 50 deaths every year.

As a skilled Seattle personal injury attorney, Kirk Bernard knows that some of the most common hazards include falls from elevation due to lack of fall protection; scaffold collapse; being struck by falling tools or object; and electrocution because of the proximity of the scaffold to overhead power lines. If you work on scaffolds, here are the top 7 safety tips:

  1. Make sure that a competent person has inspected the scaffold before you work on it.
  2. Wear protective gear, including a hard hat whether you are working on or under a scaffold.
  3. Use a personal fall arrest system such as a harness.
  4. Wear sturdy shoes with non-slip soles.
  5. Always use common sense and move slowly and carefully. If you are not sure if a scaffold is safe, talk to a supervisor.
  6. Never overload a scaffold or hit a scaffold with anything heavy such as truck or forklift.
  7. Use an outdoor scaffold in stormy or windy weather or if it is covered with ice or snow.

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You could be left agonizing for days about the right car seat for your little one. After all, it is the car seat, which you count on to protect one of your most precious family members. So, how do you select a secure car seat that will not break the bank and keep your child safe and comfortable? Here are the top five questions you can ask yourself to help pick that perfect car seat:

  1. Is it easy to install? – If it looks too complicated, it’s not the car seat for you. You need a car seat that is easy to install CORRECTLY. If you do not install the seat properly, your baby may not be secure. You also need to look for a base that you can permanently install in the car. After that, all you’ll need to do is settle the seat securely into the base and buckle up your child. Life is busy enough with a little one around. Keep it simple.
  2. Are there adequate restraints? – Remember that you need to look for an infant seat with a five-point safety harness. The straps – one for each shoulder, one for each thigh and one between your baby’s legs – are more adjustable and therefore safer for an infant. Car seats with plastic shields or T-bar restraints should be avoided.
  3. Are the belts easily adjustable? – Do not buy seats that require you to adjust the buckle from the back of the seats. Buy one that will allow you to easily adjust the belt from the front.
  4. Does it have a LATCH system? – The National Highway Traffic Safety Administration (NHTSA) requires that all child safety seats be compatible with a LATCH system, which is short for Lower Anchors and Tethers for Children. This system enables you to attach the seat directly to the vehicle instead of using the seatbelt to secure it.
  5. How easily can it be kept clean? : Although this is not a safety issue, you want to make sure that car seats come with pad covers you can remove and wash easily. Let’s face it, babies are messy. And finally, you want to buy a well-padded seat with good head support so baby has a comfortable ride. That way, so will you!

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About 55,000 children’s necklaces sold at Wal-Mart stores are being recalled because they contain high levels of cadmium, according to a news report in consumeraffairs.com. Cadmium is a toxic metal listed high on the U.S. Centers for Disease Control’s (CDC) list of substances most harmful to the environment. Cadmium is toxic when ingested by young children and can cause several adverse health effects including brain, kidney, lung and bone damage.

These defective products, which were manufactured in China, were sold exclusively in Wal-Mart retail stores across the country from November 2009 through January 2010 for about $5. The recalled jewelry is in the shape of a metal crown or frog pendant on a metal link chain necklace in a crown hinged box. If you have one of these necklaces at home, please take it away from your child and return the product to Wal-Mart to obtain a full refund.
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A surgeon in Orange County, California, operated on the wrong part of a child’s body this week, according to a news report. According to a news report in The Orange County Register, this is the Children’s Hospital of Orange County’s third such surgical error in the last four years. The child was set to undergo a procedure to loosen a small fold of tissue behind the upper lip. What the surgeon did was to loosen the tissue underneath the child’s tongue.

According to The Joint Commission, which monitors hospital safety and quality across the country, nearly 120 wrong-site surgeries took place nationwide just in 2008. The error at this particular hospital occurred in spite of safety procedures that were put in place after two prior wrong-site surgeries. In January 2006, a child had to undergo additional surgery after the surgeon cut into the wrong side of the child’s skull. In June 2007, the surgeon inserted tubes into both of the child’s ears instead of only the right ear. Wrong-site surgery is in fact the most common surgical error that occurs and most often, it is because of a breakdown in communication among the surgical team or between the surgeon and the patient or his or her family members.
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The U.S. Occupational Safety and Health Administration (OSHA) has begun a one-year national emphasis program on record keeping to assess the accuracy of injury and illness data recorded by employers. OSHA’s move comes after recent studies show that employers have been underreporting injuries relating to construction accidents, industrial accidents and other workplace incidents. The Occupational Safety and Health Act of 1970 mandates the U.S. Department of Labor to collect and compile numbers about the extent of workplace injuries, illnesses and deaths in the country. OSHA regulations also require employers to maintain accurate records with regard to such information.

This is an important step taken by OSHA because record keeping helps identify what factors cause these injuries and fatalities. This data and information helps address those issues and make sure that steps are taken to prevent such incidents. There were disturbing reports recently that employers intimidate, harass or retaliate against workers who reported injuries or illnesses or complained against safety hazards. This is unacceptable. If employers are not following safety standards, they should be reported. Cover-ups of any kind should not be tolerated. Workers who are injured should not quietly accept whatever settlement their employer gives them. If you were injured in a Washington construction accident or were injured on-the-job, please understand that you have rights.
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Two people in Yakima, Washington, were hospitalized with injuries after a DUI car accident in which officials say the suspect was also speeding.

According to a news report in the Yakima Herald-Republic, a 44-year-old man driving a Ford Aerostar was speeding south on Martin Luther King Boulevard when he tried to pass a Dodge Caravan. The Ford van then crashed head-on into a Ford Mustang driven by a 23-year-old woman. The woman was seriously injured and sustained multiple leg and ankle fractures. The suspect was also injured and was taken to a Seattle hospital, but was later arrested on suspicion of drunk driving. Officials are also considering vehicular assault charges.

Driving under the influence of alcohol or drugs is a serious crime in Washington State. According to the Revised Code of Washington Section 46.61.502, driving under the influence is when “a person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within the state.” It is also illegal to drive with a blood alcohol level of 0.08 percent or higher.
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Whatcom County Sheriff’s officials are investigating the death of a worker at a local dairy farm north of Lynden, Washington, according to the Bellingham Herald. Officials say a large, overhead door fell on the 30-year-old worker and pinned him against an interior cattle gate. He died at the scene. Officials are looking into whether the door fell as a result of a mechanical failure. Authorities will report the findings of their investigation to the Washington State Department of Labor and Industries.

According to the Bureau of Labor statistics, there were a total of 47 fatalities in the dairy industry in 2007. Out of these fatalities, 13 deaths were a result of contact with objects and equipment. That category includes dairy workers who were killed as a result of falling objects. In this particular case, it is not clear what caused the door to fall on the worker. In cases where industrial accidents result in death, the worker’s family will be entitled to worker’s compensation benefits. However, if the fatal injury involved negligence on the part of someone else or a defective product, a third party claim can be brought against the negligent party or the manufacturer of the defective product.
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A Washington state construction worker was fatally injured by a large, heavy piece of concrete on a construction site recently. The worker was trying to remove a collapsed column with an excavator. Part of the column broke loose and crushed the cab of the excavator. That piece alone weighed about 18,000 pounds. Investigators from OSHA are trying to figure out how the piece of concrete broke loose and fell.

Construction site accidents, especially those that involve falling objects, can cause devastating injuries or deaths. Very often, workers get hit by falling objects at construction sites. Construction sites are inherently dangerous because of the presence of heavy columns, steel bars, scaffolds and trenches. There is danger lurking in each and every corner. That is why it is critical that builders and contractors follow safety standards mandated by the Occupational Safety and Health Administration (OSHA). The tragedies, which occur at Washington construction sites, can be prevented by following the safety standards spelled out by state and federal regulatory agencies.
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