Vehicle Accidents /

Distracted Driving

TACOMA ATTORNEYS WARN THAT RISKY BEHAVIOR LEADS TO LIABILITY FOR DAMAGES

Because much of a person’s busy life is spent behind the wheel of a car, motorists often make poor choices about multitasking when they should be focused on safe driving. At Rush, Hannula, Harkins & Kyler PLLC, we’ve represented countless victims of distracted driving accidents. We know the permanent toll that a moment’s inattention can take on an innocent life, and we support our state’s efforts to reduce incidents of distracted driving.

 

COMMON DISTRACTED DRIVING BEHAVIORS THAT LEAD TO ACCIDENTS IN WASHINGTON

Too often, we forget that a passenger car, even traveling at a moderate speed, has enormous destructive potential. If only foresight had the clarity of hindsight, drivers might refrain from these risky activities:

  • Applying makeup
  • Eating or drinking
  • Changing CDs or radio stations
  • Changing clothes
  • Checking phone messages or email
  • Entering data into a GPS device
  • Reaching for an object
  • Shaving
  • Using social networking sites
  • Taking “selfies”
  • Talking on a cell phone
  • Talking to passengers
  • Texting
  • Watching videos

Statistics show that engaging in hand-eye tasks increases the risk of a car accident by up to three times.

 

STATISTICS ON DISTRACTED DRIVING URGE CAUTION

According to the National Highway Traffic Safety Administration, distraction pays a major role in fatal accidents. Nationwide, the number of people killed in distracted driver crashes was 3,360 in 2011 and 3,328 in 2012. The government estimates that in 2012, distracted drivers injured 421,000 people up from approximately 387,000 people injured in 2011.

Distracted driving is especially prevalent among young drivers. For drivers under the age of 20 who were involved in fatal accidents, 11 percent were reportedly distracted and 21 percent of these were distracted by cell phones.

 

HOW EVIDENCE OF DISTRACTION HELPS ESTABLISH LIABILITY

In most cases, allowing yourself to become distracted while driving is negligence and makes you responsible for the personal injury that occurs. If you’re in an accident, there are ways to document that the other driver was distracted. Rush, Hannula, Harkins & Kyler PLLC attorneys use subpoena power to obtain cell phone records to determine if the driver was talking on the phone or sending a text at the time of the accident. You can also make note of any statements on the part of the driver or passengers, such as “I only took my eyes off the road for a second” or “I told you to watch where you were going” to establish negligence. These types of “admissions against self-interest” or “excited utterances” are exceptions to the hearsay rule and can be admitted as evidence in court, even if the speaker later denies them.

 

Talk to our Tacoma accident attorneys about your distracted driver accident

If you were in an accident with a distracted driver, Rush, Hannula, Harkins & Kyler PLLC can help you establish negligence so you can recover compensation. Ask one of our seasoned trial attorneys to evaluate your case. To schedule a free consultation, call us at 253-383-5388 or contact our office online.

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Client was exposed to ammonia gas by a trucking company that wrongfully released the gas. Client suffered injuries to both eyes, reactive airway disease, significant PTSD and severe depression preventing client from returning to his previous employment.
$1.9 M
Client was the victim of medical malpractice when the emergency room failed to diagnose a bowel obstruction, resulting in severe intestine injury and a colostomy.
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Client was bitten by a dog and suffered C-Diff infection and multiple hospitalizations.
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Client was the victim of a defective product when the coupler unit between his tractor and trailer failed, causing his arm to be crushed.
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Client was involved in a traumatic motorcycle accident. Client underwent multiple surgeries for comminuted fractures of his tibia and fibula resulting in limitations to his ability to work.
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Client was involved in a high speed collision on Interstate 5 when a driver of a Box Truck fell asleep and crossed over several lanes pushing her vehicle over an embankment. Client sustained traumatic brain bleed, fractured shoulder, hip and knees requiring over three months of intensive care and hospital admission
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Client was involved in a truck accident that caused his wrongful death. He was crushed when the truck hit him from behind as he was unloading items from his vehicle.
$875,000
Client was a pedestrian and was struck by a car while crossing in a crosswalk. Client was transported to the hospital but unfortunately died as a result of the injuries.
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We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.

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Do I need a lawyer to file a personal injury lawsuit?

It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.

 

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What is the statute of limitations in Washington for personal injury?

A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.

 

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How much does a personal injury lawyer cost?

The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.

 

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How do I file a personal injury lawsuit in Washington state?

At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.

 

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  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • Dan Kyler and Mike Fisher were professional and dedicated throughout the entire process. I would recommend this law firm to anyone.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
  • Mr. Fisher has helped me in the past and is very trustworthy and sincere. I would recommend Michael and of course anyone else at Rush, Hannula, Harkins & Kyler.
  • Our experience with Dan Kyler and Vern Harkins was excellent from the beginning and we were very satisfied with the end results.
  • The office staff were courteous, pleasant and kept me informed as to what was going on throughout the whole ordeal.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • Michael was outstanding. He was always professional, prepared, available for questions, and on top of my case. I highly recommend him and will always consider him to be my first choice for legal matters I need resolved.
  • Mr. Fisher is an outstanding lawyer. He’s knowledgeable, responsive, and kept me informed at all times. I would definitely recommend him to anyone in need of a good attorney.
  • My father was sick and dying, I needed assistance and I need it fast. With a single call to Mr. Fisher’s office, I was warmly welcomed, swiftly assisted and free of the concerns... I am forever grateful to Mr. Fisher for his exquisite services in my time of need.
  • Mike Fisher is an example of a quality attorney who sets high standards in servicing his clients in the highest regard as an attorney and he is part of a great firm.
  • Vern Harkins perseverance and hard work made it possible to get the maximum settlement from the insurance company. I know he had my interest in mind as demonstrated by his actions.
  • I am extremely satisfied with the service I experienced with this firm and I would recommend them to anyone that needs legal representation. Michael Fisher and his staff are great people.
  • Having a motorcycle accident was bad enough, let alone dealing with insurance companies. John Wilson and his staff made everything easy to understand and hassle free.
  • Dan Hannula’s hard work helped to settle my auto accident case.
  • John Wilson demonstrated his professionalism by keeping us current on our case, explaining our options, giving us realistic expectations and demonstrating the highest level of ethics and integrity beyond reproach. We have the highest confidence that we were well represented.
  • I have been a client of Dan Kyler’s since 1996. Having had numerous car accidents, I rely upon the Tacoma auto accident attorneys at RHHK to help me through them. The most obscure questions have been answered and help is given on all levels.
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