Personal Injury Updates

Information about Personal Injury in Washington State

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Monthly Archives: August 2013

BUI Laws Toughened Up as of 2013 Boating Season

Categories: Personal Injury Resources, Practical Tips You Can Use

By Steven J. Angles. Posted on .

Summer on the waters of Washington State means getting boats out of dry dock, picturesque  white sails dotting the horizon, and flotillas of vessels grouped together to celebrate our  spectacular weather.  However, as of July 28, 2013, the Washington State Legislature has empowered law enforcement to crack down even more on boaters that operate their vessels under the influence.

According to Washington State Park data, alcohol is a factor in 30 percent of boating fatalities.[1] Senate Bill 5437, signed by Governor Inslee on May 16, 2013, creates stiffer penalties for boating under the influence (“BUI”) and expands prior BUI laws to include offenses for operating while under the influence of marijuana.  Boaters should be aware of the following new changes[2]:boating

  1. Per the revisions to RCW 79A.60.040, the penalty for BUI is no longer a misdemeanor (which carries a maximum of 90 days in jail and a fine of no more than $1,000.00.)  Boaters will now face gross misdemeanor charges for BUI, which means a maximum sentence of 364 days in jail and a fine of up to $5,000.00.
  2. Boat operators are deemed to have given implied consent to have their breath or blood tested for the concentration of alcohol, marijuana, or other drugs in their system, subject to RCW 46.61.506.  If the operator refuses to take the test, they will be issued a class 1 civil infraction under RCW 7.80.120 that carries a penalty of $1,000.00.
  3. Law enforcement officers are authorized to issue citations when investigating boating accidents, or, perform an arrest for violations of any criminal statutes.
  4. Operating a vessel without the proper safety equipment may result in citations for both the owner and operator of the vessel

In essence, the new laws allow law enforcement on the water more of the authority already permitted when investigating DUI cases on land.  The laws are also clearly anticipating the potential rise in BUI incidences due to the legalization of marijuana in Washington State.

Injuries caused by collisions on the water present special challenges for the injured parties, law enforcement, and emergency medical personnel.  An injured person may have to wait much longer to be evaluated at the scene for injuries due to the distances involved and the generally slower nature of boat travel.   Often times, there are few independent witnesses to what actually happened to cause the collision, making it difficult for law enforcement to perform a complete investigation.  In addition, there is the ever-present danger that an injured party may fall overboard and injure themselves more severely.

The attorneys at the law firm of Adler Giersch PS are experienced in cases of injuries from vessel collisions, and are available for a free consultation.



Sports Safety Clinic for Presents, Athletes, Coaches & Community Parented by SafeKids Eastside

Categories: Brain Injury

By PI-Advisor. Posted on .

Richard H. Adler is an invited speakers at the Safe Kids Eastside Sports Safety Clinic for Parents, Athletes, Coaches & Community for Parents & Athletes on Tuesday, August 27, 2013 at Woodniville High School.  The clinic is sponsored by Evergreen Health and the Brain Injury Association of Washington and presented by Safe Kids Eastside.  Safe Kids is a worldwide non-profit dedicated to preventing injuries in children from motor vehicle collision, falls, sports, burns, drownings and more.  Safe Kids Sports Safety Clinic for ParentsAmall

Mr. Adler will present on the Zackery Lystedt Law, the nation’s first return-to-play law, which requires medical clearance of youth athletes suspected of sustaining a concussion before sending them back in the game, practice or training (2009).  Additional presenters include, The Lystedt Family (Brain Injury Awareness, Prevention & Safety Advocates; Zack is the inspiration and namesake for the ground-breaking health and safety legislation known as the “Lystedt Law,” that was signed by Governor Gregoire in May 2009); Stanley A. Herring, MD (Physical Medicine & Rehabilitation specialist; Co-Medical Director of the Seattle Sports Concussion Program; Clinical Professor University of Washington and a team physician for the Seattle Seahawks and Seattle Mariners; Member of the NFL Head, Neck and Spine Committee; “Lystedt Law” contributor and advocate); Darin Harris (Former UW Husky Football player who suffered a Traumatic Brain Injury his senior Current Board Member – Brain Injury Association of Washington); and Anthony Green (Director, Public Policy for Safe Kids Worldwide; worked in senior roles in the Congress, at the U.S. Embassy in Rome, as a “founding father” of the National Constitution Center and an award-winning reporter for Philadelphia magazine).

This event is open to the public but space is limited.  Pre-registration is not required but is appreciated.  To registration send an email to