Woman injured in 2004 accident tested drunk

A blood test done after the crash that blinded and disfigured Maria Federici indicates the woman who helped change state law to increase penalties for drivers who fail to secure their loads was likely drunk during the 2004 accident.

A lab report including the blood-alcohol test was made available to attorneys as part of an ongoing lawsuit filed by Federici against U-Haul, the man who was pulling the trailer and a Bellevue business that rented the trailer.

In a recent motion, U-Haul said the test results prove Federici was negligent and that her drinking was the reason she was following the trailer too closely and failed to apply her brakes or maneuver her car to avoid the crash.

A blood test done at Harborview Medical Center in Seattle after the accident showed Federici had a blood-alcohol level of 0.124 percent, or about 1 ½ times the legal limit, according to the motion.

An attorney for Federici said his client wasn't impaired during the collision and the lab's test results are irrelevant.

"We don't believe it's scientifically valid or admissible. There is no evidence she could have done anything to prevent what happened," Kirkland attorney Simon Forgette said. "According to the eyewitnesses, there was apparently no time to react."

Attorneys for U-Haul couldn't be reached Tuesday evening for comment.

Federici, of Renton, was critically injured in February 2004 on her way home from her bartending job when an entertainment center fell off an open U-Haul trailer on Interstate 405. Part of it smashed through her windshield.

Federici had multiple surgeries to reconstruct her face, but was left blind and disfigured.

The driver of the rental trailer was never charged with a crime but was issued a traffic citation.

In the years since the incident, Washington lawmakers passed a bill criminalizing the failure to secure a load when somebody is injured or killed.

In April 2006, Federici sued U-Haul, the driver and the rental company in King County Superior Court seeking unspecified damages for medical expenses, lost earnings, distress and loss of enjoyment of life. In the lawsuit, Federici accuses U-Haul of design flaws.

In the motion filed May 16, U-Haul's attorneys say Federici's attorneys "repeatedly dragged their feet" when asked to produce the medical records. When U-Haul's attorneys eventually received the records March 21, they were missing the lab reports with the result of the blood-alcohol test.

U-Haul's attorneys received the lab reports that contained the blood-alcohol test May 11, according to the motion.

Forgette said Tuesday night that "neither side got the lab report until recently." The alcohol issue is likely headed to a hearing, Forgette said.

Forgette said he is taking depositions in the case this week. The suit is set for trial in September.

Brian Alexander: 206-464-2026 or balexander@seattletimes.com