Research & Statistics

Why all parents should care about Data Privacy for their families. #PrivacyAware

Jan. 28, 2016 is Data Privacy Day. Let's do what we can to defend our children's privacy.

Jan. 28, 2016 is Data Privacy Day. Let’s do what we can to defend our children’s privacy. #PrivacyAware

Today, January 28, 2016, is Data Privacy Day.  Big deal? It actually is: The first Data Privacy Day that occurred in the United States and Canada was in 2008, which was observed as an extension of the Data Protection Day celebration in Europe. Data Protection Day commemorates the Jan. 28, 1981 signing of Convention 108, which was the first legally binding international treaty dealing with privacy and data protection.

Now led by the National Cyber Security Alliance (NCSA), Data Privacy Day has become the signature event promoting privacy awareness. Without committed defenders of privacy, like the Electronics Frontier Foundation, we would not have seen a complaint filed with the FTC against Google for unauthorized collection of school aged children’s information, when they are using Google Apps and Chromebooks in their schools. Google’s unauthorized collection of personal information from school children via Chromebooks and Google Apps for Education (GAFE)—caught the attention of Senator Al Franken, a ranking member of the Senate Judiciary Subcommittee on Privacy, Technology and the Law. Franken responded by writing a letter to Google CEO Sundar Pichai asking for information about GAFE’s privacy practices.

The first step to ensure that our student privacy campaign succeeds, is to educate ourselves as parents. This way, we can direct our energy and knowledge effectively. On this Data Privacy Day, take the time to check out the resources that the Electronic Frontier Foundation compiled to regain control of your children’s privacy. Please spread the word about student privacy by sharing these and similar resources with other parents!

I can’t emphasize enough how important it is that parents understand their and their children’s rights. We live in a world where parents may be asked by schools to waive those rights before their youngsters are permitted to use technology in the classroom. Third parties will too often encourage parents to give schools consent to release their children’s information to those very third parties.

Interested in becoming part of the “privacy defender team?” There are many ways in which you can get involved.

NOTE: This blog post is republished from my PrivacyLawDiva blog post.

 

WA Supreme Court decision is unanimous: Government has a duty to provide safe roads

Overgrown blackberry bushes (see left side of photo) obstructed drivers' view of oncoming traffic.

Overgrown blackberry bushes (see left side of photo) obstructed drivers’ view of oncoming traffic.

Often my heart swells with pride for the work that my firm does because the results from our cases truly make our state safer for everyone. Today is one of those days: In a unanimous decision in Wuthrich v. King County, the Washington State Supreme Court held that a municipality has a duty to take reasonable steps to address overgrown roadside vegetation that makes the roadway unsafe for drivers approaching an intersection.

Today’s decision advances roadway safety for anyone who travels the roads in Washington State. As our state’s highest court maintains: A municipality has the overarching duty to provide reasonably safe roads and must be held to the same standards as that applied to private parties.

Our state’s supreme court now explicitly rejects old law that held that a municipality’s duty is limited to mere compliance with applicable law. Moreover, an “inherently dangerous condition” does not exclusively depend on a condition that “exists in the roadway itself.” A hazard may exist as a situation along a highway, such as overgrown bushes that obstruct drivers’ view of oncoming traffic.

The decision today stems from a June 2011 lawsuit that Guy Wuthrich filed against Christa Gilland and King County. Guy was riding a motorcycle on Avondale Road NE in King County, approaching an intersection with NE 159th Street on June 20, 2008 at about 5:15 PM. Drivers on 159th St. have a stop sign at the intersection, but drivers on Avondale Road do not. Christa Gilland was driver a car on 159th Street. When she reached the intersection with Avondale Rd., she stopped to wait for passing traffic. She did not see Guy approaching from her left. She turned left onto Avondale Road and collided into Guy’s motorcycle, resulting in serious injuries to Guy. The lawsuit alleged that the County was liable for Guy’s injuries because the wall of overgrown blackberry bushes on County property obstructed Ms. Gilland’s view of traffic at the intersection. The trial court dismissed the action against the County on summary judgment. The Court of Appeals affirmed in a split decision.

Some of you may have already seen our Ray Kahler argue before the Supreme Court. But, in case you missed it and want to hear some stellar arguments, click here.  Kudos to the entire team, including Ray, Keith Kessler, Garth Jones and Brad J. Moore.

Two new Ducks victims file lawsuits today


The deadly Ride The Ducks crash that claimed six lives on Sept. 24th on the Aurora Bridge. Today the Ducks attempts to turn the corner. It is is the first day since that crash that some of the Ducks amphibious vehicles will be out back on the roads in limited numbers in Seattle.

Frustration and surprise were among some of the reactions from SKW clients Yuta Masumoto and Mazda Hutapea, international students at North Seattle Community College, who were on the bus and who sustained serious injuries as a result of the crash. These two young students, excited to study abroad, are now faced with long recovery times to deal with broken bones, torn ligaments, and bodies that resemble those who have lived four times longer than each of them.

Their lawsuits were filed today and to hold the Ducks company accountable for vehicles that were apparently fraught with mechanical issues.

*Doug Phillips is co-counsel.

Ride the Ducks victim hopes to get needed health care

 

SKW client, Phuong Dinh, continues to recover from the Ride the Ducks crash. (Ellen M. Banner/The Seattle Times)

SKW client, Phuong Dinh, continues to recover from the Ride the Ducks crash. (Ellen M. Banner/The Seattle Times)

A few days ago, news reported the plight of SKW client, Phuong Dinh, 18 year old international student, who was seriously injured in the Oct. 2015 Ride the Ducks crash. With a long way to go in her recovery, she also had to worry about losing her health coverage. Please read about the wonderful turn of events in today’s Seattle Times article,”Ride the Ducks crush victim to get help from state, college.

Woman accused of tampering cell phone records in fatal pedestrian-car accident

I just read an article in today’s Seattle Times that I had to share here as it’s a stark reminder that distracted driving can kill.

Washington was one of the first states to enact a ban on texting or talking on a handheld cellphone while operating a moving vehicle. Under WA State law, drivers can be charged under one of three prongs: 1) Operating a motor vehicle while under the influence of drugs or alcohol; 2) in a reckless manner; or 3) with disregard for the safety of others. The Seattle Times article is about a WA resident charged under the third prong.

A Seattle resident allegedly tampered with her cell phone records, to hide her pattern of distracted driving. The woman was charged with vehicular homicide just last week. A King County prosecutor accused the woman of talking on her cellphone when she struck and killed an elderly pedestrian in February 2014. The police indicated that she altered phone records in an attempt to cover up her distracted-driving behavior.

Last year, on a clear and dry February afternoon, 78 year old Tze Kiu Ng stepped off a Metro bus at a bus stop in South Seattle. Mr. Ng was walking eastward at a marked crosswalk. A woman driving a minivan was stopped at a stop sign behind the bus. Ng had almost crossed the street when the woman accelerated across the intersection and rammed the van into him. The woman stayed in her vehicle for about five minutes, talking on her phone, the bus driver later told police.

The police easily ruled out speed and impairment. But the driver charged with vehicular homicide told officers she “never saw the pedestrian until the impact occurred.”
The day was cold, clear and sunny and there was nothing to obstruct her view of Ng, the charges say.

Although the defendant turned over some phone records, the formatting raised suspicions because of lack of information regarding the cellphone carrier.

I just hope plenty of people read this and share it with others. Too often I see drivers texting or yakking on their phones while driving. This type of distracted driving is just as lethal as drunk driving.

Dan the Bike Man Responds and Agrees that letting Cyclists simply yield #ItSoundsLikeABadIdea

Well folks, Dan Laurence responded to my previous blog post. Admittedly, I’m surprised that he agrees: The possible new law allowing cyclists to simply yield at stop signs is a bad idea. Here’s what he says:

People for the “Idaho stop” law tend to focus on the personal convenience  (personal rights!) and not the epidemiological consequences (social Responsibilities!).  Allowing cyclists to not stop is one more variable thrown into the set of expectations for predicting behavior of other vehicles on the road.

I actually believe that laws that treat cyclists differently from motor vehicles are, on balance, dangerous for cyclists, because they vacate commonly appreciated expectations for road behavior.  To be safe, a driver needs to not only obey the law, but be able to predict what other road users are likely to do.  confusion in that regard decreases safety.  at least some driver’s won’t know the new law, or will be angry about it and ignore it out of spite. Moreover, the “Idaho stop” law would lead to complacency among cyclists. the increase in convenience promised by an “IDAHO STOP” comes with increased risk of collisions with motor vehicles and pedestrians.

True, compared to motor vehicles, cyclists go relatively slowly and have unobstructed vision. They are usually capable of appreciating cross-traffic risk so long as they come to a “rolling stop”. Moreover, they feel the pressure of holding back traffic behind them. Asking cyclists to signed intersections with no traffic seems ridiculous to cyclists much of the time. But the real problem is cyclists who will use the law as a reason not to bother to slow down, or develop a bad habit of thinking “this intersection never has cross traffic, so why bother to slow down?”, or who ignore the fact that cars may not see them on approach to the intersection. [Emphasis added.] This is especially true among cyclists in dark clothing without lights who ride in twilight, on gloomy days, or at night; something i see (unfortunately) all the time.  There is also the problem of the car on the opposing side ready to turn left that fails to signal, or signals but thinks the cyclist will yield, and will turn left in front of the cyclist.

I’m sure I could go on, but Catherine, as much as I don’t like stopping unnecessarily, I agree with you.  As a cyclist, I think that if I run a stop sign, the risk should fall squarely on me.

Let’s not pass this law. #ItSoundsLikeABadIdea given that few cyclists are getting tickets for running stop signs, i question the need for the change in law. Better simply to treat the issue similarly to the way Seattle treats marijuana usage: a very low priority enforced only when someone is behaving recklessly.

WSDOT & SDOT form Aurora Bridge “safety team”


A couple weeks have passed since the last significant crash Aurora Bridge that claimed six lives. Based on a KING5 news story tonight, a safety team of sorts is assembling. Team members are comprised of six individuals from SDOT and two from WSDOT.

The SDOT members include the city’s traffic engineer, two collision analysts, a corridor safety expert and the division manager for transportation. A project manager along with a state traffic engineer and regional administrator will head the team. Additionally, police and other city and state agencies are expected to participate.

Some of the members wear different hats within their agencies and others will focus entirely on their role on this team per KING5 investigative reporter, Glenn Farley.

This time, let’s shine a light on this entire process and ensure that the City and State follow through in making the bridge safer. Rather than focusing on misleading statistics (e.g., the relatively “low” number of crashes), let’s open our eyes to widespread and well-founded concerns of those who must drive on this bridge regularly with the fear of another fatal collision.

Head injury results in young football player’s death

18 yr old Kenney Bui died after an injury last week at a football game. He played for Highline School District.   Photo Credit: Highline Public School

17 year old Kenney Bui died after an injury last week at a football game. He played for Highline School District. Photo Credit: Highline Public School

I’ve written about the dangers of brain injury for football players before, and knew that it was a matter of time when another tragedy on the football field would claim the life of another player. This time, it was young Kenney Bui of Highline School District.

Seventeen year old Kenney was a student at the Technology, Engineering, and Communications High School on the Evergreen campus. Last week, he went down for an injury in the fourth quarter of a game. After hospitalization, doctors learned that he had a previous concussion weeks before the football game that claimed his life. Not much to say about this, given that the details are scant regarding Kenney’s fatal injuries. Nevertheless, our heart goes out to the family, friends, and teammates of Kenney. We hope that somehow more people grow aware of the risks around football, as much as it’s a beloved sport in our country. There has to be a way to make it safer and less of a risk for brain injuries.

 

Deadly Aurora Bridge accident is a wake up call.

This past Thursday’s deadly Aurora Bridge crash is a wake up call. Some reporters are sounding the alarm. Thanks to these reporters and responsive lawmakers, I have hope that we will see big changes on the Aurora Bridge. My reason for this hope is in large part thanks to Glenn Farley’s investigative piece on KING5 and the article by Seattle Times reporters Mike Lindblom and Joseph O’Sullivan*. These reporters are pressing the important issue, rather than focusing entirely on the clumsy Ducks.

As I previously blogged, the City and the State have known for years that there are fixes to avoid more tragic accidents on the Aurora Bridge. Our firm learned this via depositions when representing victims from the 1998 incident on the bridge (that claimed six lives). Now, we are getting calls from victims and families from this past Thursday’s  deadly crash, given our record settlements/verdicts with wrongful death/catastrophic injuries cases in Seattle against the government.

Skeptics claim that a jersey barrier wouldn’t have done anything to prevent this fatal crash between an amphibious Duck and a charter bus. I respectfully disagree, given experts’ reports (from the earlier Aurora Bridge case). These experts explain how certain jersey barriers would deflect and minimize the impact of oncoming traffic.

Times like this, in the aftermath of a horrific tragedy, help to provide us with important insights on how we may prevent more needless loss of lives.

NOTE: Nathan Wilson, KOMO TV, executive producer/director at KOMO News also did a story, interviewing our own Keith Kessler, who represented several victims from the previous, high profile Aurora Bridge crash. Check back soon to see a link to that story.

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