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AREAS OF PRACTICE

PERSONAL INJURY

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Personal injury cases arise when someone is injured. The underlying injury may be physical or emotional. It can be caused from a variety of types of conduct. Some of the most common types of personal injuries include vehicle collision cases, assaults and batteries, medical malpractice and products liability lawsuits. The purpose of personal injury actions is to assign blame (liability) for the injury to the parties whose action or inaction caused it and to require them to compensate the victim for the loss. If you or someone you know has been injured by the actions of someone else it is important that you get legal advice from an experienced personal injury attorney as soon as possible so that you an preserve your rights and protect your future.

MOTOR VEHICLE COLLISIONS

Cases arising out of automobile collisions are the most common type of personal injury case. This is not surprising because every 10 seconds, someone in the United States is involved in a car collision, according to the Highway Traffic Safety Administration. In Washington, these cases are governed by the law of negligence. According to Washington law, people who operate automobiles must exercise “reasonable care”. A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle is required to pay for any damages, caused by his or her negligence. The injured party, the plaintiff, is required to prove that the defendant was negligent, and that the accident caused the plaintiff’s injuries. If you have been in a motor vehicle collision, you should talk to a personal injury attorney experienced in automobile collision cases in order to protect your interests.

Figuring out who is at fault in a traffic collision is a matter of determining who was negligent. In most cases, your instincts will tell you that a driver, cyclist or pedestrian acted recklessly. Determining fault can be complicated, and an experienced attorney will look to a number of sources, such as police reports, traffic laws, witnesses, and engineers to help determine who was at fault for your accident.
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MOTORCYCLE COLLISIONS

Motorcyclists are in dangerous position on the road. They enjoy the freedom that comes with their driving a motorcycle, but they are left exposed to dangers not met by other motorists. The lack of any real protective barriers between motorcycles and the road and the difficulty that motorists experience in seeing a motorcycle, leave riders subject to serious injuries in the event of an accident. Motorcycle riders must be aware of their legal rights if they are involved in a traffic accident. The insurance laws in Washington are very different with respect to motorcycles and automobiles. Because of that it is very important to consult with an attorney regarding the laws in Washington.
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SEMI-TRUCK COLLISIONS

The number of semi trucks traveling on highways is increasing every year. Trucking companies and truck drivers are motivated by profit, safety concerns often come in second place. In truck collisions the other driver usually is seriously hurt. This is true for any truck crash involving a 18-wheeler, big rig, or even the neighborhood garbage truck. Even though the Department of Transportation enacted rules, truck drivers often drive too many hours without the proper amount of sleep. To get around the regulations, some drivers falsify records and fail to properly maintain their truck and trailers.

The lawyers at Crary, Clark & Domanico, handle semi-truck accidents. Semi-truck and 18-wheeler accident cases present unique issues that we are especially capable of handling.
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VEHICLE ROLLOVERS

All car collisions have a risk of injury, but if you or a loved one were involved in a vehicle rollover, chances are it was serious. Statistics show that whenever a rollover happens, the occupants are likely to suffer serious injuries or death.

The greatest risk of rollover occurs in SUVs. SUVs are more likely to flip over because they have a higher center of gravity. Studies conducted by the National Highway Traffic Safety Association (NHTSA) show that 79 percent of fatalities in a single SUV crash involve a rollover compared to only 45 percent for passenger vehicles. The risk of rollover in an SUV is 30 percent compared to only 16 percent risk of rollover in a passenger vehicle. Despite these statistics, the manufacturers have not made significant chagnes one in every four new vehicles sold in the United States today is a Sport Utility Vehicle (SUV).
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WRONGFUL DEATH

A “wrongful death” occurs when a person is killed due to the negligence or misconduct of someone else. Every state has a “wrongful death statute”, which establish the procedures for bringing wrongful death actions. An action for wrongful death belongs to certain people identified by the statute. In most states the people will include the decedent’s immediate family members, i.e., surviving spouses, children, and personal representatives. At Crary, Clark & Domanico we can explain all of the intricacies of wrongful death lawsuits and help achieve the best possible outcome for survivors.
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DOG BITES

Dog bites and animal attacks are unpredictable, and can result in serious bodily injuries, emotional trauma, and even death. While pit bull attacks receive the most attention, any dog can become a dangerous animal. Many states, including Washington have specific dog bite laws that provide protection for dog bite victims. Though a dog bite, pit bull attack or other animal attack case may seem simple, the issues in an injury or death are complex and often involve questions of legal liability and insurance coverage.
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SLIPS, FALLS & PREMISES LIABILITY

Premises liability law involves the legal responsibility of owners and occupiers of property for injuries experienced by people on the property and the injuries they suffer. A common cause of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The liability of the potentially responsible person varies depending on the law and the relationship of the injured party to the owner. Our attorneys can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.
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DEFECTIVE PRODUCTS

Corporate America stresses profits over consumer safety. Many serious injuries and fatal accidents could be avoided if product manufacturers took steps to ensure consumer safety. At Crary, Clark & Domanico we handle defective product, manufacturing defect, manufacturing design, tire defect and tire blowout cases throughout Washington and across the United States.

Our product liability areas of practice include:

• Dangerous and defective consumer products
• Dangerous and defective household appliances
• Product design flaws and defects
• Product manufacturing flaws and defects
• Inadequate instructions or warnings
• Motor vehicles, car, truck and sport utility (SUV) product cases
• Tire defects and tire blowout litigation
• Vehicle rollovers involving cars, trucks, and sport utility vehicles (SUV)

TIRE DEFECTS

Most people are familiar with the Ford/Firestone tire problems. By 2000, Ford Motor Company had installed more than 14.4 million Bridgestone/Firestone tires on the Ford Explorer and other vehicles. Reports of crashes and fatalities prompted an investigation by the National Highway Traffic Safety Administation (NHTS), which found a defect in the Firestone tires. At the time, more than 300 crashes and collisions were attributed to Firestone tires. The defect in the tires caused tread separation which caused many rollover accidents involving Ford Explorers. Ford recalled of all 14.4 million tires.

The lawsuits following the recall received a lot of publicity. The media found all newsworthy including the money involved, the class action suits, and the end of the relationship between Ford and Firestone due to each party blaming the other for the tire problems and accidents.
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CATASTROPHIC INJURIES

A catastrophic injury usually occurs suddenly and without warning. Injuries are considered catastrophic, due to the tremendous impact they have on the lives of the people who experience them, include the following:

1. Brain injury,
2. Spinal cord injury,
3. Accidental amputation,
4. Severe burns,
5. Multiple fractures, or other,
6. Neurological disorders.

A catastrophic injury very often causes severe disruption to the brain and spinal column which in turn affect many other systems of the body. In addition to possible loss of movement, sensation, and communicative and cognitive abilities, the injury or illness may impact respiration, circulation, skin, the urinary system, the gastrolintestinal system, and other body systems. Managing these injuries is complex and requires the expertise of a team of health professionals including physicians, nurses, therapists, and counselors. The long term needs of someone who has experienced a catastrophic injury far surpass those of individuals with less severe injuries. Individuals may recover from some catastrophic injuries if they receive, early medical treatment; however, others may experience permanent disability, suffering, and reduced life spans.
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HEAD INJURIES

Head injury is the third most common cause of death in US and is only exceed by heart attack and cancer ( U.S. Department of Health Education and Welfare, 1974)

Although the incidents of head injury is highest amongst persons aged 15 to 25, it still exceeds stroke as a major cause of death.

A closed head injury is an injury to brain that is not caused by a penetrating wound. It may be caused by a blow or impact to head and may even be caused by a whiplash injury.

Head injuries are classified in a number of ways, most commonly referred to as acceleration and deceleration injury. Acceleration is when the head is struck by rapidly moving object. A deceleration injury occurs when the head is moving rapidly and strike a fixed or solid object.

Evidence has shown that these sudden injuries to the brain can cause a tearing effect on brain tissue and can cause cognitive problems.
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MEDICAL MALPRACTICE

We trust doctors and hospitals to provide proper treatment and care. In medical malpractice cases, doctors and hospitals do not provide adequate treatment, resulting in serious injury or possibly death. Medical malpractice happens when a doctor fails to treat a medical condition, makes an incorrect diagnosis, delays treatment or prescribes the wrong medication. In cases of medical malpractice, you and your family are burdened with medical expenses and other costs. You may be permanently disabled and may experience emotional pain and suffering.

In medical malpractice cases the victim must prove that the doctor or hospital had a duty to provide proper care and didn’t do so. Medical malpractice victims must also establish they suffered injuries. In Washington, the statute of limitation, that is the time in which you have to file a lawsuit, is three (3) years from the date of incident, or from the date when medical malpractice was discovered.

Up to 98,000 people are killed each year by medical errors in hospitals, far more than die from car accidents. Most patients injured by medical malpractice never file a claim. If you have a medical malpractice case, don’t wait to talk to our office. You deserve to be compensated if you have been injured by a medical professional’s negligence. Contact us in Spokane, Washington, today.
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CRIMINAL DEFENSE

Definition of a Crime - A crime is a violation of a specific criminal statute. Crimes in Washington generally fall into two categories: (1) felonies and (2) misdemeanors. The exact punishment that can be imposed upon conviction of a crime depends on the type of crime and the individual's prior criminal record.

Generally speaking, a felony is a crime for which the sentence may be more than one year in prison. In the state of Washington , there are three classes of felonies: class A, class B and class C. Class A felonies are the most serious. There are two categories of misdemeanors in this state: gross misdemeanors (punishable by up to one year in jail and/or a $5,000 fine) and misdemeanors (punishable by up to 90 days in jail and/or a $1,000 fine).

Convictions for certain crimes may require mandatory minimum sentences, and penalties may be increased if the crime occurred while armed with a firearm or deadly weapon. Washington 's Sentencing Reform Act governs punishments for felonies in this state. Except for special circumstances, the court must sentence the offender within a particular range set by the state Legislature.

First offenders may be eligible for special sentencing consideration for nonviolent crimes. If the court grants probation as a part of the court's sentence, a person must be placed on community supervision for between 12 and 24 months.

Definition of an Arrest - You are under arrest if a law enforcement officer (or sometimes a private citizen) takes you into "custody." This means that you believe you are not free to walk away from the scene of the contact with the officer.

Not every stop by a police officer means you are under arrest. If stopped only for a short time, then you may have been "detained," rather than legally arrested.

A warrant generally is not required to make an arrest if there is probable cause to believe the person arrested has committed a felony. Also, a warrant may not be required when a misdemeanor was committed in the presence of the arresting officer, or in certain misdemeanors, outside his or her presence.

Your Rights if You Are Stopped by Police - You may ask why you were stopped. Also, you can ask if you are under arrest and, if not, whether you are free to leave.

If an officer stops you, you have a right to ask whether you are under investigation for a crime. If the officer suggests you are under investigation, then you have the right to decline to answer any questions. Also, you do not have to be under arrest to decline to answer questions from an officer. Ordinarily, you may be required to identify yourself. If you wish, you may answer the officer's questions. You should remember that whatever you say to the officer may be used if charges are filed against you at a later time (whether or not you give a formal "statement"), so long as:

You were properly advised of your constitutional rights before making a statement; or You voluntarily tell the officer anything and you were not under arrest.

These rights, or "Miranda warnings" as they are sometimes called, are the result of a 1966 Supreme Court ruling. As a result of this case, police must inform people accused of a crime of certain rights, which are:

By law, if formally arrested, you may be required to be photographed and fingerprinted after your arrest. If issued a citation (for misdemeanors and infractions), it is lawful to ask you to sign the citation. By signing, you acknowledge its receipt and promise to appear at a future court date. Signing a citation is not in any way an admission of guilt. However, refusal to sign a citation may result in the officer lawfully arresting you and charging you with an additional misdemeanor for refusal to sign the citation. Even though you are presumed innocent until proven guilty, and you may have done nothing wrong, it is your duty as a citizen to act in a responsible manner. Trying to run away or resist arrest is not only unlawful, but also foolish. It may well result in additional charges, such as causing a minor matter to become a felony.

Police Searches - Many police searches require search warrants - but not all do. If you consent or allow the police to search you or your property, they do not need a warrant and any evidence they find may be used against you. You have a lawful right to refuse to consent to a search. You should make your refusal clear, but do not interfere physically if police continue to search without your permission.

There are several other instances when police officers do not need a warrant or your consent to search. One example is if you are detained or arrested.

Police may frisk you to determine whether you are carrying a weapon. Also, they may search the area immediately around you. Police officers also may search without a warrant if they have probable cause to believe evidence may be found and when certain "emergency" circumstances exist, such as when valuable evidence would otherwise be destroyed before a warrant could be obtained.

A police officer may search you or your property upon obtaining a warrant from the court. If conducting a search with a warrant, the police must leave a copy of the warrant and a list (or inventory) of the items seized.

Your Rights if You Are Charged with a Crime - All rights discussed previously still apply if you are formally charged with a crime. In addition, you have the right to be brought "promptly" before a judge for a determination of probable cause and the setting of bail. If you are taken into custody, this must be done "as soon as practicable," but in any event before the close of business on the next court day.

A person charged with a crime has a responsibility to appear before the court on the dates and at times as directed. That person must comply with any other specific conditions of release set by the court pending trial. Some of these conditions may include not contacting certain witnesses in the case or the requirement for you to live at a particular address.

Your Rights in Court - When you appear in court, you have the right to be told the nature of the charges against you and to have those charges formally read in open court. (This right may be waived if you wish and if you were advised previously of the charges.) You have a right to an attorney and, if you cannot afford an attorney, you have a right to have one appointed to represent you.

At a formal trial you have the right to a jury trial, the right to confront the witnesses against you, and the right to call witnesses on your own behalf at no expense to you. If convicted following a trial, you have a right to appeal that conviction to a higher court.

If you plead guilty to a charge, your attorney and the court must tell you the rights that you are giving up by entering a plea of guilty. These include your right to a trial and the right to appeal.

You have the right to know the maximum sentence that may be imposed by the court and the recommendation that the prosecutor will make to the court about your case. In Washington , the court ordinarily will not tell you in advance what your sentence will be. However, you must be advised of the maximum sentence that may be imposed, and of any mandatory minimum sentences that apply.

Service of an Attorney - If you cannot afford an attorney, the clerk of the court may help you locate an appointed attorney. Before you can receive the help of appointed counsel, you may have to submit a financial statement to the court or agency that will determine your eligibility. It is important to be honest in any financial affidavit submitted to the court.

If you wish to have a lawyer help you, it is a good idea to consult with one before making any decisions in your case. You have the right to a lawyer at all stages of the proceeding, and you may ask the court to delay matters until you have a reasonable opportunity to obtain an attorney.

© Washington State Bar Association.

 

TRAFFIC INFRACTIONS

Our office handles infraction tickets that were issued in the county and the city of Spokane. Because an infraction ticket is a non-criminal matter we can handle these tickets in an expedited manner for you and possibly save you a lot of money in insurance costs.

If you have a ticket from another county, please feel free to call our office as we can refer you to someone else who will be able to help you.

If you have received an infraction ticket the officer will have given you a green ticket. If you received a gold ticket, that is a criminal charge. Please refer to the criminal section on this web site.

Common examples of infraction (green tickets) are Speeding, failing to stop, no insurance, negligent driving, and other minor violations of the rules of the road. In the state of Washington defective equipment tickets are all moving violations and count against your record just as a speeding ticket. At Crary, Clark, & Domanico we will fight any moving violation for you. When you call our office ask us about our money back guarantee for moving violations.

All you need to do is flip the ticket over and check the last box requesting a contested hearing. Then send the ticket to the address listed on the front within 15 days. The ticket is guaranteed to be reduced to a non- moving violation, which means it will not go on your record and will not affect your insurance. This will cost $250 dollars. If the ticket is not reduced to a non-moving violation, your money will be returned to you. At the same time we will also try and reduce the court fine. You most likely will not have to appear in court, as we will take care of everything for you. To do this we will need a copy of your ticket, a copy of your driver’s license and the money must be paid up front in order for our office to begin working on getting the ticket taken care of.

Currently we are accepting County as well as city tickets, provided that the ticket was not issued in a construction, school or playground zone. At this time we are also not accepting city overweight tickets or city tickets in which an accident was involved. Infraction tickets do not require an appointment. Either call or mail us everything necessary to begin work on your ticket or stop by the office at any time.
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DUI/DWI DEFENSE

DUI FAQ - Part 1

• What should I say if I am stopped by a police officer and he asks me if I've been drinking?
• Do I have to Attempt the "field sobriety tests?"
• Should I have to take a portable breath test (PBT)?
• Does the officer have to read me my rights? What if he/she doesn't? Do I have the right to talk to a lawyer?
• Do I have to take a breath test at the police station?

DUI FAQ - Part 2

• The anatomy of a DUI stop
• What is a Roadside Refusal?

DUI FAQ - Part 3

• What happens to my license?
• Breath Test Cases
• Occupational Licenses

CLIENT INFORMATION FORM

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We also practice in these areas of law:

Administrative Bankruptcy Commercial Construction Criminal Estate Planning Insurance

Labor Law Litigation Probate Products Liability Social Security Wills Workman's Compensation