UPDATED PRIOR BLOG POST.
KOMO 4 TV has reported previously reported on an alcohol-related auto collision that occurred early Monday morning. A vehicle slammed into the back of a DOT truck. A passenger in the vehicle was killed.
KOMO 4 now reports that the person killed was Damien Mendenhall, age 25. The police have reported that Mr. Mendenhall was not wearing his seatbelt. The driver of the vehicle, who has been alleged to have been intoxicated, was Shane Gram. Police report that Mr. Gram smelled of intoxicants, and that he appeared inebriated at the scene.
Our thoughts and prayers go out to Mr. Mendenhall’s family. We know that this must be a very difficult time for them while they grieve the death of their loved one.
But what are the legal implications of Mr. Mendenhall not wearing his seatbelt? Nothing, actually. In Washington, a victim’s failure to wear a seatbelt cannot be used in a subsequent personal injury suit brought against the responsible driver.
The defense cannot argue that the failure to wear a seatbelt was a cause of death or of the person’s damages. The reasoning behind this law is that a negligent actor should not be excused from his/her negligence just because a victim has not worn his seatbelt.
Davis Law Group has handled several wrongful death cases over the last 16+ years, some of them high profile cases. These types of wrongful death cases are complicated. They potentially involve several different statutes and laws in Washington that apply to wrongful death claims, and claims against a governmental entity.
Davis Law Group founder, Seattle attorney Chris Davis, recently authored and published his book, Wrongful Death in Washington State. The book was written for consumers and surviving family members of those wrongfully killed in motor vehicle accidents. Davis Law Group offers the book for free to citizens in Washington State.
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Esente Music Group is proud to present the Washington Rockers 2010 Digital CD, the first free digitally downloaded CD that raises awareness about drunk driving. Check out awesome bands from all over Washington! Help support our cause and download the CD for free at http://www.myspace.com/536195953. Check out all of these bands:
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J Minus
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Fortune 500
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From the Sea
Blown
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This Band Is A Time Machine
Read about the bands, the campaign, and more at http://www.esentemusicgroup.com
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Anyone involved in any incident, particularly one that has resulted in injuries, would be wise not to talk to the insurance company representing the party who was found to be at fault. Under the influence of alcohol is a big crime for a driver. And leaving in the incident makes you criminal, and you are obliged to surrender and give up yourself to the law enforcers.