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Friday, April 14, 2006 - Page updated at 12:00 AM

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Getting tough on loads on roads

Seattle Times staff reporter

In the two years since a traffic accident left Maria Federici blind and permanently disfigured, the 26-year-old Renton woman and her mother have attracted powerful allies who've helped them change a state law to increase penalties for drivers who fail to secure their loads.

On Thursday, King County Prosecutor Norm Maleng embraced Federici, and Metropolitan King County Executive Ron Sims planted a kiss on her forehead at a news conference announcing a public-education campaign encouraging the use of tarps, ropes, bungee cords and cargo nets to prevent items from falling from vehicles and trailers and becoming deadly projectiles.

Starting Saturday and running through the end of April, a team of State Patrol troopers and King County sheriff's deputies will be conducting emphasis patrols at county transfer stations, targeting drivers who arrive with trash that hasn't been properly tied down, said Patrol Capt. Steve Burns. The goal is to educate the public, but officers also will be writing tickets for the worst violators, especially those who arrive at transfer stations with overloaded vehicles or improperly secured loads, he said. Fines start at $103 for littering and $194 for unsecured loads, Burns said.

Last May, Gov. Christine Gregoire signed into law House Bill 1478 — also known as "Maria's Law" — which made it a gross misdemeanor if an unsecured load causes an injury, carrying with it a maximum penalty of a year in jail and a $5,000 fine. A driver whose unsecured items cause property damage can now be charged with a misdemeanor crime.

Before the law's passage, drivers who lost their loads could only be cited for a traffic infraction with a maximum fine of $250.

A second bill, which builds on Maria's Law, was signed by Gregoire on March 28. House Bill 2612 makes failing to secure a load a criminal act if it results in a death or injury. The new law also makes victims eligible for money from the state's Crime Victims Compensation program.

On April 4, Federici filed a lawsuit in King County Superior Court against James Hefley, the driver whose entertainment center toppled from a U-Haul trailer and struck her, along with U-Haul and the Bellevue business that rented the trailer to Hefley. The suit accuses Hefley of negligence and alleges that the trailer Hefley rented had design and construction flaws. It also accuses U-Haul of negligence for failing to provide adequate safety warnings and user instructions.

The lawsuit seeks unspecified damages for Federici's injuries, medical expenses, lost earnings, distress and loss of enjoyment of life.

Joanne Fried, a spokeswoman for U-Haul International in Phoenix, said Federici's "accident is a terrible tragedy and the company is very sympathetic to her situation." She said she couldn't comment on pending litigation.

Federici lost her eyesight to a piece of particle board that flew from the back of Hefley's rented trailer, impaling her windshield and shattering her face as she drove south on Interstate 405 in February 2004.

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"You need to think about it like it's your relative driving behind you," Federici said at Thursday's news conference in a parking lot at Qwest Field. "It doesn't take much more time or much more money [to secure a load], just a little more compassion."

Nationwide, unsecured loads cause approximately 25,000 accidents and 100 fatalities each year, Sims said.

He pointed to a January crash in Tacoma that killed Sandy Harmon, 23, and critically injured his 5-year-old son. The chain-reaction accident on Interstate 5 was caused by a tarp on the road that had broken free from the back of a semi-truck.

"Even in less time than it takes to secure your load, a life can be devastated," Sims said.

Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com

Copyright © 2006 The Seattle Times Company

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