Seattle Personal Injury Lawyer

Farm Injuries - Part 2 - Tractor Rollovers

Kevin Coluccio — Mon, 30 Jan 2012 13:24:34 GMT

I remember one summer while I was working on my Uncle's farm a local farmer being killed when the tractor he was driving rollovered and on top of him. It was a tragic event for the farming community. Unfortunately, tractor rollovers are all too common. We have handled a few such cases over the years.

Rollovers are generally due to driving too fast for conditions; striking surface hazards such as rocks, stumps or holes; running into ditches; driving on steep slopes; and operating front-end loaders improperly. All too often, safety is put aside to save time.

Most farm workers learn how to drive tractors by "trial & error". Tractor safety manuals and classes on how to safely operate farm tractors are not readily available.

One other problem is that young kids are allowed to operate tractors and they don't appreciate the dangers associated with driving a tractor. I started driving a tractor when I was 14 years old. The first time I operated a tractor, I nearly drove it thru a fence. I spent hours upon hours in open fields prepping grass for baling and learning how to operate a tractor. As I watched and learned, I began to understand the dangers and risks involved with driving a tractor. The death of the local farmer also reinforced my need to drive as safely as possible and to avoid any risks.

Farm tractors are one of the most important pieces of equipment on farms. The safe operation of farm tractors is essential to farm workers. More needs to be done to make sure that drivers are properly trained and kids do not start driving at too young an age. Proposed limits on what kids can do on farms is getting some push-back, but, some safety tools need to be in place to protect against injuries or deaths cause by tractor rollovers.

Originally posted at InjuryBoard by Kevin Coluccio

Farming Injuries - Part 1

Kevin Coluccio — Fri, 27 Jan 2012 13:23:54 GMT

I spent my summers growing up and many of my weekends during the school year on this farm. It is still owed and operated by my Uncle, who is one of the most wonderful persons in the world. He bought this farm with his mother after his father passed away. He was a young man at the time. He not only worked this farm, but, he also worked graveyard at the Boeing Company. He taught me how to work hard and the importance of loyalty, trust, honor and truthfulness. I don't recall ever hearing him complain, even though he worked two jobs and had little time to sleep.

I learned many lessons on the farm, including how to drive, how to fix things, how to milk a cow and the importance of following instructions. I can also share that there were many "close" calls with accidents. I think about some of the unsafe conditions that we encountered and the fact that many of the tasks I undertook were learned by "trial & error". Now, I came out of the experience without any lasting injuries and view my time of the farm as one of the most valuable experiences of my life. My farm experiences shaped many of the important characteristics that drew me to the law. Over the next several blogs, I plan to share information and thoughts about the important topic of farm injuries.

Originally posted at InjuryBoard by Kevin Coluccio

Hands-Free Devices Still Cause Driver Distractions

Kevin Coluccio — Wed, 18 Jan 2012 16:11:05 GMT

While use of Hands-Free Devices is safer for drivers, studies show that the devices still cause driver distractions. This is because when a driver is talking on their cell phone, even with a hands-free device their brain is listening, processing and thinking about what is being said - even when the driver is trying to concentrate on traffic. There is a large body of evidence that talking on a cell phone whether handheld or hands-free, impairs driving and increases the risk of having a crash. Even with a hands-free unit, the driver must look to dial, focus to a certain degree on the conversation and concentrate to a certain extent upon the hands-free device. Avoid talking on your cell phone while driving, there are many opportunities to stop as you travel to initiate or take a phone call - take these opportunities when it is necessary to talk on your cell phone. Driving can actually provide the opportunity to take a rest or break from cell phone communication.

Be safe - don't be distracted!!

Originally posted at InjuryBoard by Kevin Coluccio

Winter Driving

Kevin Coluccio — Wed, 18 Jan 2012 15:28:09 GMT

The Pacific Northwest is blanketed by snow which is to continue for the next 36 hours. Now, more than ever drivers need to put down their cell phones and pay attention to the roadway and cars and obstacles around them. A good example of this occurred yesterday when I called an electrician. His daughter answered his cell phone and said that her dad could not talk to me now because he was driving. She said he would call back when he arrived at his destination. Sure enough he called me 30 minutes later. I congratulated him for not taking my call.

As I was driving to the office this morning, I looked over at another driver and sure enough he was on the phone, going past me, in snowy conditions, with what appeared to be no worry or concern, although it was snowing heavily and the wind was blowing the snow sideways. Accident after accident are caused by a lack of driver attention.

Here are some suggestions for safe driving in the snow:

1) Slow down;

2) Put all you attention on the roadway, cars around you and any obstacles;

3) Always give yourself a much greater distance to stop - never follow another car closely;

4) Don't go up or down hills unless they are safely plowed or clear;

5) Remember that as the temperature rises, road conditions can become more dangerous;

6) Always take the safest approach;

7) Stop Early;

8) Start slowly;

9) Be prepared; and,

10) Think ahead and drive defensively.

These are just a few tips to keep in mind. Be safe on the roadway.

Originally posted at InjuryBoard by Kevin Coluccio

Distracted Drivers

Kevin Coluccio — Wed, 04 Jan 2012 17:50:30 GMT

Cellular phones have become a real danger on our public highways. All too often, crashes causing death and serious injuries are the result of a driver texting or talking on their cell phone. In 2009, nearly 5,500 were killed and 450,000 more were injured in distracted driving crashes. The U.S. Department of Transportation is leading the effort to reduce crashes caused by distracted driving.

Speed studies show that at the slow speed of 10 mph a vehicle travels 14.7 feet per second; at 25 mph a vehicle travels 36.7 feet per second; and, at highway speeds of 60 mph a vehicle travels 88 feet per second. These calculations show that taking your attention away from driving for only a few seconds can result in a vehicle traveling into trouble.

Recently, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. This was a big step in reducing distraction for Truck drivers as they travel upon our public highways.

9 States ban the use of handheld cell phones while driving, remarkably, only 35 States ban text messaging for all drivers. The Governors Highway Safety Association provides a wealth of information regarding Cell phone and Texting Laws.

Originally posted at InjuryBoard by Kevin Coluccio

Failing Hip Devices

Kevin Coluccio — Thu, 29 Dec 2011 14:36:51 GMT

The Seattle Times recently reported on the continuing failure of various hip devices, including the DePuy artificial hip device. Timehe DePuy artificial hip device was recalled by its manufacturer DePuy Orthopaedic which is a subsidiary of the medical giant, Johnson & Johnson. DePuy has recalled the ASR XL Acetabular and Hip Resurfacing Systems due to a high revision rate, however, the recall does little for those with the device already medically installed. In addition to problems with the ASR system, DePuy has been involved in numerous lawsuits with the all-metal hip device called the Pinnacle.

Another manufacturer facing problems with it artificial hip device is Zimmer Holdings which produced the Durom Cup implant. This device was recalled by Zimmer and several lawsuits have been filed regarding the device.

Originally posted at InjuryBoard by Kevin Coluccio

Avalance Safety

Mike Myers — Thu, 03 Nov 2011 20:36:54 GMT

There's a lot of discussion about what do to do if you're involved in an avalanche. But the advice about what to do if you're in an avalanche really misses the point. Avoiding an avalance is the best way of surviving an avalanche.

Avalanche avoidance can be boiled down to making good decisions based on available information. It borders on the mathematical. Here are seven tips to maximize your experience and minimize your risks in avalanche terrain this winter.

1. Check the local avalanche center report. In the Seattle area we rely heavily on Northwest Weather and Avalanche Center (www.nwac.us). It's basically a "point and shoot" option for determining whether risks are acceptable at various elevations. These risks are expressed based on slope elevation and aspect. An avalanche danger rose from January 13, 2011 appears to the right:

2. Get an altimeter and compass. It's impossible to utilize the information from your local avalanche center without them. Suunto makes a number of good watches that have both internal compasses and altimeters. Like with any technology it's important to learn how to use it.

3. Get maps showing the area you're skiing. Like the altimeter and compass, a good map is essential to planning your route and regulating risk. A number of providers offer good topographical maps. Check with guides in your area to see which maps provide the best coverage (and are the most updated).

4. Practice, practice, practice. Avalanche classes are only the very first step. Learn how to use your equipment. Apply what you learned in class on the mountain.

5. Always ski with a transceiver, shovel and probe. Turning on the transceiver is a good reminder that that avalanche hazards are very real every time we ski--particularly on slopes between 35 and 45 degrees.

6. Ski one at a time. Give yourself plenty of time. Have an escape route planned in case a slide starts. Get out of the way at the bottom of the slope.

7. Know your ski partners. Do they have different levels of risk aversion than you? Do they have different goals? Are they visceral or intellectual? There's been a lot written about the risk matrix (severity of consequences on one axis and likelihood of consequences on the other). Making decisions based on emotion rather objective data leads to bad results.

Avalanche science is complicated. Avalanche forecasting involves a lot of variables. It's helpful to learn as much as possible and have as many facts as possible when making risk versus reward decisions. But you don't have to become a snow scientist to minimize risk and maximize the skiing experience. Common sense coupled with basic information will help keep you safe this winter.

Originally posted at InjuryBoard by Mike Myers

The Open Window: Freedom and an Opportunity for Disaster

Mike Myers — Thu, 03 Nov 2011 20:27:21 GMT

According to Herbert Hoover: "Freedom is the open window through which pours the sunlight of the human spirit and human dignity." But open windows are also an opportunity for disaster.

I received an email recently that contained information about the risk of falls for children and preventative strategies:

The Associated Press reports that according to a study in the journal Pediatrics, over 5,000 children and teens in the US "are injured each year in falls from windows" each year. The study found that children younger than five accounted for two-thirds of the injuries. This "is the first nationally representative study of such injuries." It drew on data from emergency departments from 1990 through 2008.

The New York Times reports, "Falls from first or second floor windows accounted for 94 percent of the falls." Dr. Gary A. Smith, senior author of the study and director of the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio, "noted that the data collected for the study understate the real toll of window falls," as those children "seen by family doctors and those who die at the scene are not counted in the emergency room data."

The CNN (8/22) "The Chart" blog reports that Smith suggested that parents use window guards or locks, not open windows more than four inches, and move furniture away from windows. "He reinforces the message that a screen does not offer protection and should give parents no feeling of comfort."

We handled a case stemming from a fall out a fraternity window at the University of Washington and obtained a very favorable result for the student who fell. If you have any questions about falls from windows please call or email me.

Originally posted at InjuryBoard by Mike Myers

Letting People Make up their Own Minds

Mike Myers — Thu, 03 Nov 2011 20:10:46 GMT

I don't think it's effective to tell people what they should think.

It's more persuasive to provide them with the carefully selected pieces of information and allow them to make up their own minds.

If you reach the ultimate conclusion, whether it be in deposition testimony or arguing a motion, presenting the closing argument to the jury conveys a certain sense of desperation.

When facts are carefully selected and thoughtfully presented they speak for themselves. And when they speak for themselves the ultimate message is embraced by the listener. No force-feeding necessary.

Originally posted at InjuryBoard by Mike Myers

Making the Case Against a Bar or Tavern

Mike Myers — Wed, 31 Aug 2011 16:03:10 GMT

We've handled quite a few cases against bars and taverns.

They basically fall into two categories: drunk driving accidents and assaults.

The bar or tavern owner is responsible if they serve a person who is apparently intoxicated and that person gets into an accident or fight with a third party (the victim). The bar or tavern owner is also responsible if they serve a minor and the minor hurt himself or another person. (The bar or tavern isn't responsible if they overserve an adult who gets into an accident and hurts himself.)

A great source of information that can be used quite effectively during the cross exam of the bar owner is the file maintained by the Bureau of Alcohol Control. It usually contains a wealth of information about undercover stings and prior infractions.

Even if the Bureau doesn't have materials it's certainly possible to create it yourself before filing suit. In many instances it's possible to have a private investigator obtain video of bartenders serving very intoxicated patrons.

If you have any questions about cases involving a person who has been served/overserved at a bar or tavern please let me know. I'd be happy to answer them.

Originally posted at InjuryBoard by Mike Myers