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Lavonne L. Nakano was taken to St. Johns Hospital with neck and back injuries after Washington State Patrol investigated an accident in which she was hit from behind by another vehicle on Interstate 5.
Apparently Nakano had stopped for a lane closure when a 2009 Lexus driven by Carly Burns failed to stop and collided with her vehicle. Burns was not injured, but her vehicle sustained about significant damage while Nakano’s 1997 Saturn was totaled.
The Washington State Patrol listed inattention as the cause of the crash which may indicate that texting or talking on a cellphone while driving may have been the cause of this accident. A complete investigation including a review of cell phone records may be required.
(1) A person operating a moving motor vehicle who, by means of an electronic wireless communications device, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call. See RCW 46.61.668.
Except as provided in subsection (2) a person operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction. (2) Subsection (1) of this section does not apply to a person operating: (b) A moving motor vehicle using a wireless communications device in hands-free mode; (4) For purposes of this section, “hands-free mode” means the use of a wireless communications device with a speaker phone, headset, or earpiece. See RCW 46.61.667.
Ms. Nakano was clearly not at fault for this accident. Property damage, medical expenses, lost wages, and other expenses related to the crash should be covered by the at-fault party's automobile insurance. If the at-fault driver did not have car insurance then Nakano's own car insurance under her uninsured motorist coverage should apply. In situations such as these it is often helpful for the injured party to seek the assistance of a personal injury attorney who can help manage the insurance claim and settlement negotiations, or in some cases jury trial. A personal injury attorney can handle the complicated claims process while the injured party focuses on recovering and getting their life back on track.
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Phone: (206) 727-4000
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