The Law Offices of Michael L. Jacobs, Personal Injury Law Blog for Seattle, Washington

Unsafe Driving Around Trucks Targeted By WA State Patrol (07/08/09)

Wed, 08 Jul 2009 00:00:00 -0400

The Washington State Patrol reports that between 2005 and 2007, there were almost 5000 commercial truck accidents in Washington alone. These accidents involved drivers of cars who drive unsafely around large commercial trucks. In two-thirds of the accidents, statistics show that the driver of the car was at-fault. These accidents resulted in 175 fatalities and 450 injuries. According to the Patrol, drivers need to leave space for trucks and learn ways to share the road.

John R. Batiste, chief of the Washington State Patrol, says, “Motorists who drive recklessly, or are unsafe around these big rigs, are asking for trouble. When a car and a commercial vehicle are involved in a collision, the car will lose.”

Given these statistics, the Patrol has a worked with other law enforcement agencies to create the Ticketing Aggressive Cars and Truck (TACT) project. In an effort to reduce accidents, the Washington State Patrol is trying to increase the public's awareness of unsafe driving behaviors around commercial vehicles. These dangerous driving behaviors include:

cutting off trucks

tailgating

failure to yield the right of way

speeding

aggressive driving

The Patrol will be targeting routes in Western Washington along State Route 8 and State Route 12, and in Eastern Washington, along State Route 2.

The TACT project is a grant from the Federal Motor Carrier Safety Administration.

Bellevue Car Accident on West Lake Sammamish Parkway (08/14/09)

Fri, 14 Aug 2009 00:00:00 -0400

The Seattle Times reports that a driver in his 20s was killed in a single-car accident on the night of August 2, 2009 on West Lake Sammamish Parkway in Bellevue.

According to Bellevue police, the man was driving north at a high rate of speed and lost control on a curve, hitting a fence and smashing into a light pole shortly after 7 p.m.

He was trapped in his car and attempts by witnesses to rescue him were unsuccessful.

The accident closed the roadway for several hours. Police said there was no immediate signs of alcohol or drugs in the accident.

The driver's name hasn't been released.

D.O.T. Conducting Bicyclist and Pedestrian Survey (09/21/09)

Mon, 21 Sep 2009 00:00:00 -0400

According to the Seattle Times, volunteers across Washington State will be out on street corners next week counting the number of people who walk or bike to their destinations.

The information will be used to track progress toward the state's goal of increasing bicycling and walking in Washington and reducing the number of cars on the road.

The state Department of Transportation (DOT) is doing this count as part of the National Documentation Project, an annual bicycle and pedestrian count and survey effort that is sponsored by the Institute of Transportation Engineers Pedestrian and Bicycle Council, and to determine progress toward its goal of increasing nonmotorized trips.

The DOT and the Cascade Bicycle Club have enlisted volunteers and organizations such as FeetFirst and the Bicycle Alliance of Washington to count the numbers of people bicycling and walking on paths, bike lanes, sidewalks and other routes on Sept. 29 and 30 and Oct. 1.

Those who are interested in helping can learn more by visiting DOT's Web site, www.wsdot.wa.gov/bike/Count.htm, or by e-mailing Cascade Bicycle Club at organizer@cascadebicycleclub.org or calling 206-957-0689.

Seattle Residents Confused By Sea-Tac Airport Signs (09/21/09)

Mon, 21 Sep 2009 00:00:00 -0400

The following is an excerpt from a recent Seattle Times article (the full article may be found at http://seattletimes.nwsource.com/html/bumpertobumper/2009909441_bumper21m.html):

Here's a question: How many people does it take to be confused by airport signs before those signs are considered confusing?

In last Monday's Bumper, a reader, a Seattle woman, complained that signs on approach roads to Seattle-Tacoma International Airport were inadequate to direct drivers to the correct lanes for parking, rental returns, arrivals, departures and such until it's almost too late to change lanes easily.

Each time she's driven to Sea-Tac, she said, she's witnessed drivers making risky last-minute lane changes on airport approaches.

An airport spokesman replied that the signs seemed adequate to airport officials, and indeed conform to what's considered adequate by state and national standards for signage, including the Federal Highway Administration's Manual on Uniform Traffic Control Devices, which defines standards used by road managers nationwide to install and maintain traffic-control devices on all streets and highways.

Thurston County Pays $2.375 Million in Wrongful Death Lawsuit (11/01/09)

Sun, 01 Nov 2009 00:00:00 -0400

The Olympian reports that Thurston County has agreed to pay $2.375 million to the family of an Elma man who died after a 2006 crash that occurred as an off-duty Thurston County sheriff's deputy pursued another vehicle onto Interstate 5.

The county's attorney in the suit, John Justice, confirmed Tuesday that the county settled the case rather than take it to trial, because if a jury believed that the deputy's actions contributed even minimally to the crash that resulted in the man'd death, the county would be responsible for 100 percent of the damages he and his family suffered.

“The risk of going to trial was significant,” Justice said.

Justice explained that under Washington law, a “fault-free” plaintiff would be entitled to 100 percent of damages from any liable party.

A car that off-duty sheriff’s deputy Jason Casebolt was following on June 15, 2006, “steered erractically from lane to lane and back several times” on I-5, and wound up colliding with a third vehicle, a red 1990 Geo Metro being driven by Michael Wynn of Elma, court papers state.

Wynn, in his mid-20s at the time of the crash, suffered a spinal neck injury and became a quadraplegic. He received plastic surgery to his eye socket and was placed on a ventilator, but died from his injuries on Dec. 1, 2006, court papers state. Wynn’s attorney, Tom West of Tacoma, filed a lawsuit on behalf of Wynn’s then-1-year-old daughter after the crash.

West’s civil wrongful death complaint states that Casebolt and the driver of the vehicle he was following, Otto Messmer, “negligently, wantonly and/or intentionally operated their vehicles in such a manner as to cause a collision.” Casebolt was driving a personal vehicle, a Ford F-350 pickup, at the time he was following Messmer, West said. The lawsuit argues that Casebolt “was acting within the scope of his employment” as a law enforcement officer at the time of the crash.

An attorney who represented the county in the lawsuit argued Tuesday that even though Casebolt followed Messmer, his actions did not meet the legal definition of a law enforcement pursuit.

Messmer, 28, now faces a vehicular homicide charge for his role in the crash, according to court papers filed Aug. 9.

Charges were initially filed against Messmer in 2006, then were dismissed without prejudice. Messmer’s pending vehicular homicide charge was not refiled until August of this year. Andrew Toynbee of the Thurston County Prosecuting Attorney’s Office said Tuesday that the delay in refiling the criminal charge against Messmer had nothing to do with the civil lawsuit against the county that was recently settled.

The State Patrol did not return a phone call Tuesday seeking comment on why it took so long to refile the charge against Messmer.

Messmer had two central nervous system depressants, Topiramate and Citalopram, in his bloodstream at the time of the crash, according to the probable cause statement in support of the vehicular homicide charge against him.

According to a summary of deposition testimony that was given during the litigation against the county and provided by West:

• Casebolt first noticed Messmer’s Honda Civic after it cut him off in a roundabout on Marvin Road, according to Casebolt’s deposition statement. Casebolt said he then witnessed the Honda nearly hit a vehicle at a second roundabout. Casebolt said in the deposition that he wanted to identify the driver for the purpose of citing him for “at least negligent driving.”

• Casebolt said in his deposition that Messmer’s vehicle cut in front of his truck on I-5, and was behind Wynn’s Geo, “with less than a foot of space between each vehicle.

“Finally, Casebolt alleges that Messmer drifted all the way across the freeway, past the fog line into the shoulder of the freeway and then shot back across the freeway to make contact with Wynn’s vehicle.”

Messmer disputes Casebolt’s version of how the crash occurred, and alleges in his deposition that Casebolt’s truck bumped him slightly from behind before the crash. Justice, the county’s attorney in the suit, said Tuesday that State Patrol investigators found no evidence Casebolt’s pickup touched Messmer’s Honda.

• Casebolt, who called 911 and gave his call number to dispatchers as he followed Messmer, left the scene after Messmer’s vehicle struck Wynn’s car.

According to Justice, Casebolt’s two children, ages 5 and 10, were in his pickup with him at the time of the collision, and because Casebolt knew that the State Patrol was en route to the scene, he elected to leave rather than leave his children unattended alongside I-5. Justice said Casebolt was unaware that Wynn was seriously injured in the collision.

Messmer’s insurer paid Wynn’s estate $50,000 under the settlement agreement, and a private insurer paid $25,000, Justice added.

West said Tuesday that from the information his hired experts provided him in depositions, it is clear that Casebolt either did not follow the Sheriff’s Office’s standards for off-duty officer activities following drivers, or those standards were overly broad and “did not give sufficient guidance.”

Thurston County Sheriff Dan Kimball said Tuesday, “Detective Casebolt, from our investigation, did not violate Sheriff’s Office policy. You can always get experts to testify to the other side of the coin. Beyond that, I’ll let the settlement speak for itself. It’s a tragedy, we all recognize that.”

Casebolt, who is now one of the Sheriff’s Office’s detectives for the Thurston County Narcotics Task Force, was unavailable for comment Tuesday.

Jeremy Pawloski: 360-754-5465

jpawloski@theolympian.com.

Seattle Organization Raises Bicyclist Accident Awareness (10/12/09)

Mon, 12 Oct 2009 00:00:00 -0400

According to their website (http://www.ghostcycle.org/), the organization known as GhostCycle is dedicated to raising awareness for everyone regarding bicyclists on the streets of Seattle.

The group states on their website that "[o]ur city is one of the most bike-friendly cities in North America, but things can always improve. We began to use this website to collect data from cyclists in the Seattle area who have been involved in an accident while bicycling...[w]e, the GhostCycle team, are all familiar with bad roads, poor traffic conditions, and dangerous intersections. We have to contend with them every day, but this project isn't about just our group of cyclists. It's about all cyclists in Seattle, and they are speaking for us through the reports they have submitted. It's their information, experiences, and (unfortunately) their accidents that reveal the areas in need of improvement in Seattle. This project would not have been possible without their help, and we thank them all.

Marybeth Turner, a spokesperson for the Seattle Department of Transportation, told the Seattle Times that Seattle is consistently rated one op five cities for bicycle safety, and she applauds the group's efforts to make a statement.

About 300 bicycle-car accidents are reported annually in Seattle, and one to three cyclists are killed here every year, Turner said.

Nationwide, 622 bicyclists were killed in 2003, according to the National Highway Traffic Safety Administration.

Those numbers are significantly down from the 816 fatalities reported in 1993, and exemplify a shift in the nation's attitudes toward transportation and safety, said Craig Raborn, program manager at the Pedestrian and Bicycle Information Center in North Carolina.

Stricter guidelines for the construction of roads, better driver education and awareness, and continued funding for roadway improvements have helped reduce the numbers, Raborn said.

Congress has approved $612 million over five years for the Safe Routes to School initiative, which provides safer access for young bicyclists or pedestrians on their way to and from class, Raborn said.

Gonzaga University Law Professor Nominated to U.S. Court (10/24/09)

Sat, 24 Oct 2009 00:00:00 -0400

According to the Gonzaga University School of Law website, President Barack Obama has nominated GU Law professor Rosanna Peterson to Eastern Washington’s U.S. District Court.

If approved by the Senate, Prof. Peterson will be the first woman to serve the 19 counties of Eastern Washington in that position. She would replace Judge Fred Van Sickle, who moved to Senior Status last year.

“I’m very honored and extremely appreciative of the vote of confidence from President Obama,” Peterson told The Spokesman-Review following the announcement of her nomination.

At Gonzaga Law, Prof. Peterson teaches Evidence, Federal Jurisdiction, and Trial Advocacy. She also runs the school’s Externship program.

Peterson has served as president of the Federal Bar Association for Eastern Washington and the Washington Women Lawyers State Bar Association. She was selected by a bipartisan merit selection committee as one of three finalists, from among more than two dozen applicants for the judgeship, and she is the only finalist nominated by the president for the judgeship.

“I’m proud to support her and I’m proud that our bipartisan Washington State Selection Committee process continues to produce exceptional candidates,” Sen. Maria Cantwell, D-Wash. told the newspaper.

“You hate to lose her,” said Earl Martin, Dean of the Law School, “but at the same time this is wonderful for her and frankly wonderful for the institution; it’s a great honor for the place."

Seattle Hit and Run Accident Results in Pedestrian's Death (11/15/09)

Sun, 15 Nov 2009 00:00:00 -0500

According to the Seattle Times, a 31-year-old Seattle man died at Harborview Medical Center after he was struck by a car Friday morning (10/09/09) near the James Street exit of Interstate 5.

According to the Washington State Patrol, the unidentified man was struck by a car leaving the freeway at James Street.

A Bremerton man driving behind the car that hit the pedestrian followed the vehicle as it re-entered the freeway and called 911. He described the make and model of the car and followed it until the vehicle was stopped by troopers.

The driver, a 45-year-old woman, was booked into jail for investigation of hit and run and drunken driving.

Washington Motorists: Please Drive Carefully In Adverse Weather (11/19/09)

Thu, 19 Nov 2009 00:00:00 -0500

The Law Offices of Michael L. Jacobs would like to give a friendly reminder to all Washington State drivers to exercise caution and care when driving during this wet and windy November.

The following weekend weather update was posted on the KING5 News website on November 19, 2009:

Another round of heavy rain and gusty winds moved through western Washington overnight as a front moved through and then stalled just south of Puget Sound. This front is lifting back northward today giving us some steady rain on into early this afternoon. Winds have decreased. The front will continue to lift northwestward eventually taking most of the rain to the coast and north of Seattle later this afternoon. Winds will increase again during the afternoon but shouldn't be as strong as last night.

The cold front will move through western Washington early on Friday morning followed by numerous showers. Winds will decrease early in the day Friday for a calmer day. Snow levels in the Cascades may briefly rise to 4 to 5,000 feet early morning Friday but drop back to 2,000 feet by Friday afternoon with heavy snow showers. Yet another storm will push in on Saturday for increasing rain and wind once again . Sunday will give a little bit of a break with just a few showers and quite a few sunbreaks. Monday will bring more rainy and windy weather. However, it does look like Tuesday onward through Thanksgiving will see quieter weather with less rain and wind.

Marysville I-5 Accident Caused By Driver Falling Asleep at Wheel (11/27/09)

Fri, 27 Nov 2009 00:00:00 -0500

According to the Seattle Times, a 34-year-old British Columbia man fell asleep at the wheel early Thursday morning (11/26/09), causing a crash in which his cargo was strewn across northbound lanes of Interstate 5 in Marysville, according to the State Patrol.

Just after 5 a.m., a semi-truck driven by Kuljinderpal Perhar of Surrey drifted off the freeway, striking two trees along the right-hand shoulder at mile post 203, according to the patrol. Though his truck and trailer were both totaled, Perhar suffered only minor injuries and was treated and released from an Everett hospital.

According to KING 5, Perhar was driving a load of general cargo, including food and auto parts, from California to British Columbia. As of 2:40 p.m., all lanes of Interstate 5 were clear of debris, the station reported.

Strict Laws Sought for Drivers Injuring Bicyclists or Pedestrians (12/02/09)

Wed, 02 Dec 2009 00:00:00 -0500

The following news excerpt is taken from a Seattle Times article originally published on October 15, 2009:

Susanne Scaringi was biking to work in West Seattle in 2006 when a van drove into her path. She slammed against the van, suffered a head injury and died hours later.

King County prosecutors declined to charge the driver with a crime. But eight months after the fatal crash, the city of Seattle charged him with misdemeanor assault for causing Scaringi's death by failing to yield the right of way.

Then a ruling in King County Superior Court said the city ordinance was invalid because it violated a state law that decriminalized most traffic offenses.

That law needs to be changed, argued more than 100 people who crowded into Seattle City Hall Wednesday evening.

The city asked the Legislature earlier this year to toughen the state's negligent-driving laws to include infractions that cause death or serious injury to bicyclists or pedestrians. It would have made these infractions gross misdemeanors, which could mean a year in jail.

City Attorney Tom Carr, speaking to the crowd Wednesday, said it's frustrating trying to get the proposal through the Legislature. "We tried to make changes," he said. "We will go back."

Adam Kline, chairman of the state Senate Judiciary Committee, agreed.

"There's a difference between ordinary negligence and criminal negligence and it has political ramifications," Kline said, adding that it will probably take several years to get the law changed.

Some who attended the meeting said a tougher punishment for motorists who injure bicyclists or pedestrians with their cars through negligence might be a steeper fine and revocation of driver's licenses. But Kline pointed out that 85 percent of those who lose their licenses drive anyway.

Toughening bicycle-accident laws is a top priority for the Cascade Bicycle Club, which sponsored Wednesday's meeting.

Susan Gilmore: 206-464-2054 or sgilmore@seattletimes.com

Seattle Motorists: Friday Traffic Update for A Safe Drive Home (12/11/09)

Fri, 11 Dec 2009 00:00:00 -0500

The following friday (12/11/09) traffic updates for the Seattle area have been posted on the Kiro 7 website:

Blocking Incidents

I-5 northbound just north of Swift Ave collision blocking HOV lane, verified with camera 3:11 PM
Update 3:24 PM : I-5 northbound off-ramp to Mercer St collision blocking left lane, verified with camera 3:13 PM - Incident Response Team, State Patrol on scene

Construction Closures

SR 11 (Chuckanut Drive) both directions just south of the Whatcom/Skagit county line (MP 11) closed due to rockslide
SR 11 both directions at MP 18 (California Ave to Spokane St. in Bellingham) reduced to one lane until further notice.

Special Events

None reported

Motorists Must Stop for Pedestrians at Unmarked Crosswalks (01/11/10)

Mon, 11 Jan 2010 00:00:00 -0500

The following excerpt is taken from a Seattle Post-Intelligencer article written by Scott Gutierrez entitled "Do You Have to Stop for Pedestrians at Unmarked Crosswalks?":

Question:

Robin Asher asks: "Are we required by law to stop for pedestrians waiting at an unmarked crosswalk such as a street corner? Or only at marked ones?"

Answer:

Seattle police spokeswoman Renee Witt points to the Seattle Municipal Code, which has the answer. Essentially, you're supposed to stop at both marked and unmarked crosswalks as long as the pedestrian is within one lane of your side of the road.

SMC 11.40.040 specifically says: "The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian using an unmarked or marked crosswalk or a disabled person using a curb ramp as provided in Section 11.40.090 to cross the roadway when the pedestrian or disabled person is upon or within (1) lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section, "half of the roadway" means all traffic lanes carrying traffic in one (1) direction of travel and includes the entire width of a one-way roadway. This section shall not apply to pedestrians crossing a roadway at a point where an accessible pedestrian tunnel or overhead pedestrian crossing has been provided."

"If there is a pedestrian on the sidewalk and they're showing they're about to step off the curb or they're about to cross, then vehicles need to stop," Witt says. Drivers should watch to see if the pedestrian makes eye contact or a steps toward the intersection, she says.

Washington State Senate Bill 5838 Targets Negligent Drivers (02/05/10)

Fri, 05 Feb 2010 00:00:00 -0500

The following news excerpt is from a Seattle Times article originally published on January 26, 2010 (for the full article, please visit http://seattletimes.nwsource.com/html/localnews/2010898786_bicyclists27m.html):

OLYMPIA — Lawmakers are considering tougher penalties for drivers whose negligence causes serious injury or kills pedestrians and bicyclists.

Currently, if a driver is distracted and forgets to yield to a cyclist, and the cyclist is killed, the only likely consequence is a traffic infraction. More severe charges are brought only if a criminal act, such as driving under the influence, is involved.

The Vulnerable Users Bill, Senate Bill 5838, seeks to change the law without criminalizing the action. In cases when a "vulnerable user" — pedestrians, cyclists or skateboarders — is substantially harmed or killed by a driver's failure to exercise "ordinary care," drivers would still face a traffic infraction, but the punishment would be more substantial.

In addition to being subject to a $250 fine for negligent driving in the second degree, the driver would be required to appear in court, complete a traffic-safety course and perform up to 100 hours of community service that relates to driver improvement and traffic safety. In lieu of these penalties the driver would pay a fine of up to $5,000 and lose his or her license for 90 days.

"There are cases where a driver is not filled with criminal intent but truly does cause death or serious injury to a biker, to a walker," state Sen. Joe McDermott, D-West Seattle, a sponsor of the bill, said at Tuesday's Judiciary Committee hearing.

Citizens' request and headlines, McDermott said, compelled him to try to put in place an appropriate penalty, on the infraction level, that would provide justice for victims and their families.

According to the U.S. Department of Transportation, more than two- thirds of bicyclist fatalities occur in urban areas. And in the city of Seattle, which estimates that on an average weekday 4,000 to 8,000 people cycle to work or school, there is an increased focus on safety.

Obama: Plan to Regulate Increases in Health Insurance Rates (02/22/2010)

Mon, 22 Feb 2010 00:00:00 -0500

The following news story was written by Associated Press writer Ricardo Alanso-Zaldivar and was featured in the Wenatchee World. To view the original article, please visit http://www.wenatcheeworld.com/news/2010/feb/22/obamas-last-ditch-health-plan-regulates-insurance/:

President Barack Obama today put forward a nearly $1 trillion, 10-year compromise that would allow the government to deny or roll back egregious insurance premium increases.

Posted this morning on the White House Web site, the plan would provide coverage to 31 million Americans now uninsured without adding to the federal deficit. It comes just four days before Obama’s one-of-a-kind, televised health care summit with Democrats and Republicans.

Even with the latest changes, it’s highly uncertain such an ambitious proposal can get through Congress. Republicans are virtually all opposed, and some Democrats who last year supported sweeping health care changes are having second thoughts in an election year. After a year in pursuit of what was once his top domestic priority, Obama may have to settle for a modest fallback.

Weeks ago, the president and congressional Democrats were on the verge of an historic step — a long-sought remake of the nation’s health care system after a half-century of unsuccessful attempts by scores of politicians. Then Republican Scott Brown stunned Washington with an upset win in the Massachusetts Senate race, denying Democrats their 60-seat majority and reversing any political momentum.

Determined to avoid facing voters empty-handed, Obama offered a fresh proposal based on Democratic-passed bills.

The plan conspicuously omits a government insurance plan sought by liberals and viewed as a non-starter by conservatives and some congressional moderates. It includes Senate-passed restrictions on federal funding for abortion adamantly opposed by abortion foes as well as abortion rights supporters.

The new White House plan would give the federal government the power to regulate the health insurance industry much like a public utility. The Health and Human Services Department — in conjunction with state authorities — would be able to deny egregious premium increases, limit them or demand rebates for consumers.

Obama, who deferred to Congress on the specifics for more than a year, has finally put forward a detailed plan of his own. By and large, it follows the bill passed by Senate Democrats on Christmas Eve, with changes intended to make it acceptable to their House counterparts.

It would require most Americans to carry health insurance coverage, with federal subsidies to help many afford the premiums. Insurance companies would be barred from denying coverage to people with medical problems or charging them more.

Estimated to cost about $1 trillion over 10 years, Obama’s plan would be paid for by a mix of Medicare cuts, tax increases and new fees on health care industries.

Washington State House Legislation Targets Texting Drivers (03/05/10)

Fri, 05 Mar 2010 00:00:00 -0500

The following news article was written by staff reporter Lillian Tucker for the Seattle Times. To view the original article, please visit http://seattletimes.nwsource.com/html/localnews/2011249939_cellphones04m.html:

OLYMPIA — The House approved a ban on texting and cellphone use by teen drivers Wednesday, watering down the Senate's plan to tighten restrictions on motorists of all ages.

In a 86-12 vote, the House approved a measure barring 16- and 17-year-old drivers from texting or using any cellphone — handheld or hands-free. Members did take some action concerning adults, making texting while driving a primary offense for everyone.

Talking and texting teens could be pulled over and ticketed $124, as could adult motorists caught texting.

The House rejected the Senate's effort to change the current law for adult cellphone use from a secondary to a primary offense.

"I don't like the government being in all aspects of our business," said Senate Minority Leader Mike Hewitt, R-Walla Walla.

"The libertarian in me comes out with these types of issues," said Rep. Dan Roach, R-Bonney Lake, who offered the amendment that changed the Senate bill.

For legislation to go to Gov. Chris Gregoire, the House and Senate will now need to reach agreement.

Since July 2008, using a handheld device while driving has been a secondary offense, meaning police must see another violation before making the traffic stop and writing a ticket for the cellphone violation.

Sen. Tracey Eide, D-Federal Way, has been working for 10 years to get Washington motorists to put down their phones. She was not happy with the change by the House, which was made in part because House Republicans and some Democrats refused to support the original bill — which had managed to grab a few conservative votes in the Senate, where it passed 33-15.

"That is unreasonable and uncalled for," said Eide about the lack of support from House Republicans. "People need to wake up. I'm disappointed in the House of Representatives at this time."

Eide said Wednesday evening she was not sure what position she would take on the amended version.

House Democrats and Republicans said it was a happy medium.

"It's a good compromise," said Roach. "It's not a Democrat and Republican issue. It's a personal-choice issue."

Roach said his colleagues found the Senate bill vague. He noted that the measure would have made it illegal to hold the phone to your ear but that holding it 10 inches from your face would be fine.

Just as it is now, it would be legal for adults to use a hands-free device.

Nationally, the debate is heating up over whether there is much difference between holding a cellphone and using a Bluetooth — or whether the focus should be on the bigger issue of distracted driving.

In 2009 the State Patrol caught 5,141 drivers using their handheld cellphone when they were stopped for other offenses. Of those drivers, 1,607 were given a ticket for the violation, and the rest received a warning in addition to a fine for their primary infraction.

Sgt. Freddy Williams of the State Patrol said that often troopers don't like to hit a driver with two tickets during one stop.

A new study by Pemco Insurance suggests that Washington motorists have largely ignored the state's current ban. The poll shows that 41 percent of drivers admit to using their cellphone while behind the wheel.

That is more than double the 17 percent of Washingtonians who fessed up when Pemco asked the same question in 2007.

Those who say they text while driving shot from 3 percent to 20 percent. The poll also reveals that hands-free use has doubled.

Other states that ban handhelds and texting have seen declines in the numbers of drivers using the devices, according to the Insurance Institute for Highway Safety.

Immediately after New York made it a secondary offense in 2001, nearly half of its drivers put down their phones, the institute reports. Seven years later the number of New York motorists using handheld cellphones was 24 percent lower than would have been expected without the law.

Connecticut, which made it a primary offense, has seen much more compliance; handheld-cellphone usage by drivers there is 65 percent lower.

Support for these laws has been fueled by the general notion that chatting and texting on the cellphone while driving increases the risk of crashing. Oprah Winfrey has launched a crusade against the practice, dubbing it "America's New Deadly Obsession," and is asking her audience, staff and guests to sign a pledge to make their cars a "No Phone Zone."

Last year the National Safety Council called for lawmakers to ban the use of cellphones — including the hands-free kind — by drivers, citing the statistic that the risk of being in an auto accident grows fourfold when the driver is using a cellphone.

There is no shortage of studies that speak to this danger. The University of Utah has likened it to drunken driving. The Harvard Center for Risk Analysis was less dramatic about it but agreed that the increased risk is there.

However, a study by the Highway Loss Data Institute of jurisdictions with the bans and those without found that there was not a decrease in auto accidents after anti-cellphone laws went into effect.

"There is a lot of reasons why people get distracted," said state Sen. Joe Zarelli, R-Ridgefield. The senator voted against the bill, he said, because law enforcement already has the ability to stop people who are driving recklessly, whether it is because they are talking on their phone or eating lunch.

"Distracted driving is a contributory factor in many of our collisions," Williams of the State Patrol said in support of making cellphone use a primary offense. "Anything that the Washington State Patrol can do to reduce the number of collisions we are in favor of."

Lillian Tucker: 360-236-8266 or ltucker@seattletimes.com

Washington State Lawsuit Over Traffic Camera Tickets Dismissed (04/01/10)

Thu, 01 Apr 2010 00:00:00 -0400

The following news article was written by staff reporter Emily Heffter for the Seattle Times. To view the original article, please visit: http://seattletimes.nwsource.com/html/localnews/2011249700_cameras04m.html.

Cities are using red-light cameras legally in Washington, and drivers caught by them are not being overcharged, a federal judge has ruled.

U.S. District Court Judge John Coughenour this week rejected the claims of a group of plaintiffs who filed a class-action suit last June. They said drivers were paying millions of dollars more than they should as cities sought to make the cameras a moneymaking venture. Cities fine drivers caught by the cameras between $101 and $124, according to the lawsuit.

The group also claimed cities entered into illegal deals with two companies that review photos of cars and pick out drivers violating the law.

Seattle and other cities say the cameras improve public safety because they deter drivers from running lights at intersections.

Coughenour on Tuesday dismissed the claim against 18 cities, including Seattle, Tacoma and Bellevue and Redflex Traffic Systems and American Traffic Solutions.

Rob Williamson, an attorney for the plaintiffs — people who had been ticketed — said Wednesday he will appeal the ruling this week.

"I was disappointed," Williamson said. "I think that on the most critical issue, which is that the fines are excessive, (the judge) really didn't pay attention to or analyze the legislative history."

Cities have taken in millions in fines since 2005, when the Legislature OK'd the cameras.

Seattle put up six cameras at four intersections in 2006. Now there are more than 30. In the first three years of operation, Seattle's cameras led to $5 million in fines collected from 58,000 drivers, according to city data.

State law says drivers can be fined only as much as they could be for a parking ticket, but some cities were fining drivers as much as if they had been caught by a police officer. In Seattle, drivers are fined $124.

Cities argued they were within the range of fines charged for parking tickets. While run-of-the-mill parking tickets cost between $25 and $40, the fine in Seattle for parking in a disabled space without a permit was $250.

The judge agreed with the cities.

"The Code does not require a traffic-camera infraction to be treated like a parking infraction in every single respect," Coughenour wrote in his order.

In many cases, cities don't have to pay the companies until the amount they collect in fines covers the cost of the services. That way, cities never lose money on a contract.

The plaintiffs argued that provided an unfair incentive for the companies to find people running lights. But the judge ruled that the contracts with those companies were legal because the amount collected in fines affected when the companies were paid, not how much.

The cities named in the lawsuit were: Auburn, Bellevue, Bonney Lake, Bremerton, Burien, Federal Way, Fife, Issaquah, Lacey in Thurston County, Lake Forest Park, Lakewood, Lynnwood, Puyallup, Renton, SeaTac, Seattle, Spokane and Tacoma.

R.C.W. 46.61.210: Washington State's Move-Over Law Amended (06/20/10)

Sun, 20 Jun 2010 00:00:00 -0400

The Washington State Legislature has amended R.C.W. 46.61.210 (i.e., operation of vehicles on approach of emergency vehicles) to read the following, in part:

The driver of any motor vehicle, upon approaching a stationary authorized emergency vehicle that is making use of audible and/or visual signals or of a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights, shall:

(1) On a highway having at least four lanes, at least two of which are intended for traffic proceeding in the same direction as the approcahing vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle; or

(2) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.

The penalty for violating this new law is $101.00.

A Day Without Collisions: Drive Nice Day in Washington State (05/27/10)

Thu, 27 May 2010 00:00:00 -0400

The Law Offices of Michael L. Jacobs attorneys and staff believe that every day should be a "Drive Nice Day" in Washington and encourage all drivers to exercise the utmost care and regard when operating any vehicle.

The following Seattle Times news article was written by Seattle Times staff columnist Jerry Large (http://seattletimes.nwsource.com/html/jerrylarge/2011938597_jdl24.html):

Thursday (05/27/10) is Drive Nice Day in Washington.

The name is cute, but the goal is to avoid the bitter tragedies that can come when people don't drive with awareness, courtesy and consideration. In 2009, 492 people died as a result of collisions on public roads in Washington state, and thousands were injured. We can do better. "There are no accidents," the Drive Nice website says. In 80 percent of collisions and near collisions, inattention is a factor.

This year the focus of Drive Nice Day is on teenage drivers and on cellphone use by teen and adult drivers. Traffic fatalities have declined for years. It would be a shame to let cellphone use move us backward. June 10 a new state law will make it a primary offense to talk on a cellphone while driving if you are holding the phone. No one can fully concentrate on driving and deal with a phone at the same time. Attention goes back and forth and it takes only a fraction of a second for a crash to happen.

Texting while driving will also be illegal. Pitiful that we needed a law to tell us that's not a good idea.You wouldn't read a book or knit while driving, would you? That line comes from a video made by some students at Newport High School. They're competing with teens from several area high schools for best public-service announcement about driving. Each year, there's a Puget Sound-area safe-driving competition for teens. Each year, the competition's judges watch drivers in Tacoma and Seattle and decide which city has the best drivers. This year judges will also rate young people arriving at a couple of high schools.

Safe driving is about good habits, which is why there is such an emphasis on young people in the fifth year of Drive Nice Day. Arthur Van Dyke is an instructor and driver-training manager for Swerve, a regional driving school that got the day started, along with the Washington State Patrol, the Department of Licensing and the state Traffic Safety Commission.

"Sometimes adult drivers have formed more bad habits," he said. "What's nice with teenagers is that they are just forming habits, and we can build good ones." He tells his young students to get in the habit of turning the phone off when they get into their cars. He said friends should offer to take the phone from a driver who's talking or texting: Let me help you with that.

Van Dyke cautions all drivers against following too closely. It's easy for drivers to keep shrinking the distance they feel comfortable with, but it doesn't feel good if you're the one being tailgated, and it's dangerous. Also, he said, think about smoothness, slowing and speeding up gradually. "It's more predictable to other drivers, you get better gas mileage and passengers will appreciate the smoother ride." Van Dyke said, "How you control your car tells people about you." What statement do you make about yourself behind the wheel? "I hope that everyone looks at this day and is open to improving their driving," he said. "Think about driving as a life skill and try to improve it."

There are driving tips and other information at driveniceday.org, where you can also watch student videos.

Be nice. You might save a life.

Washington State Cellphone Law Promotes Roadway Safety (07/05/10)

Mon, 05 Jul 2010 00:00:00 -0400

Under Washington State's new cellphone law, motorists caught using a cellphone (i.e., holding a phone to their ear or texting) while driving will be issued a $124 ticket. Officials state the law operates to promote highway and roadway safety. The following Seattle Times news article regarding the law was written by Seattle Times staff reporter Carly Flandro (http://seattletimes.nwsource.com/html/localnews/2012079811_cellphonelaw11m.html):

As she chatted on her cellphone Thursday morning, a woman driving a Prius on a Highway 520 onramp looked over at the car next to her, then did a double take — it was a Washington State Patrol trooper. She quickly hung up, but it was too late.

She became the first offender Trooper Michael Conroy ticketed under the state's new cellphone law.

The law, which makes it a primary offense to use a handheld cellphone to talk or text while driving, took effect Thursday. Drivers caught holding a phone to their ear or with their fingers on the keys can be fined $124, though violations will not become part of a person's driving record. The law also bans all cellphone use for those with instructional permits and for drivers younger than 18.

Washington joins five other states in making such distracted driving a primary offense. Conroy hopes the change will make roads and highways safer. "Ideally, it will reduce the amount of collisions," he said. Conroy said troopers weren't given any special instructions to look for cellphone-holding drivers Thursday morning, but they were reminded in a morning e-mail that the law had taken effect.

Seattle police officers also weren't told specifically to look for violators. "There's no special effort; it's just routine," said Seattle Police Detective Renee Witt, adding that officers can cite offenders they happen to see. Neither agency tallied official numbers Thursday to say how many cellphone offenders they'd cited.

Previously, talking on a cellphone or texting while driving was a secondary offense, so officers could only ticket people if they also violated another traffic law, such as speeding or failing to use turn signals. "People used to just look at me and keep talking as they drove by because they knew I couldn't pull them over," Conroy said. In the past few weeks, he said, he's noticed more people have been throwing their phones down or hanging up when they see him. He said a drifting car is the most obvious sign of a multi-tasking driver.

The last time Conroy pulled over a driver for talking on a phone as a secondary offense, he followed her for two miles and saw her change lanes twice and drift off the road twice. When he stopped her, she told Conroy she hadn't been aware he was behind her. Conroy searched for phone-holding offenders for more than an hour Thursday morning, but more people were holding coffee cups than cellphones. Most people talking on the phone were wearing headsets, which likely will become more popular now that the law has changed.

Phone retailers such as Radio Shack and Verizon Wireless have already noted increased sales for hands-free phone options throughout the state. "There has been a lot of increase, more conversation and certainly more sales," said Scott Charlston, public-relations manager for Verizon Wireless. According to a recent survey released by Car Toys, a car-audio-and-wireless-electronics retailer, 24 percent of the 634 people polled will continue using handheld cellphones and take their chances at getting a ticket. More than 80 percent of responders admitted to driving with a phone in hand before Thursday's law took effect.

The distractions don't stop at cellphones, though. Drivers admitted to applying makeup, changing clothes and shaving while driving. Conroy said patrollers can't ticket people for putting on lipstick or trimming their beards behind the wheel unless they violate a traffic law.

Conroy sat in his vehicle Thursday morning after pulling over the Prius and wrote a ticket for the first time under the new law. Though he can choose to give warnings rather than citations, Conroy said, he won't.

"Now she'll tell her friends," he said about the driver. "Word travels faster when people are cited."

Carly Flandro: 206-579-3013 or cflandro@seattletimes.com