The Harper Law Blog
The Harper Law Blog offers news, announcements, thoughts and articles on life, law and our practice areas of emphasis.
Family Car - Liability issues
Posted Tuesday, October 06, 2009 by Ed Harper.
Many parents ask me this question: “Am I responsible for any injuries which result from my son or daughter crashing the family car?
This is a common question and often causes many gray hairs for parents. The answer is “yes” for most of the collisions which occur when the son or daughter is driving here in Washington. According to Washington Pattern Jury Instruction 72.05: A person who maintains or provides a motor vehicle for the use of a member of his or her family is responsible for the acts of that individual in the operation of that motor vehicle.
More specifically, parents are responsible for the actions of their family member when the following elements are satisfied:
1. The car is owned, provided or maintained by the parent;
2. For the customary conveyance of family members and other family business;
3. And at the time of the accident the car is being driven by a member of the family for whom the car is maintained, and,
4. With the express or implied consent of the parent.
Cameron v. Downs, 32 Wn.App. 875, 650 P.2d 260 (1962)
As you may imagine, each of these elements has been analyzed by attorneys and judges through the years. Washington is one of a handful of jurisdictions which allow parents to be held responsible through this legal principle. This legal principle is analogous to the agency – principal relationship, such as an employee – employee relationship. Thus, one who is in the superior position (principal or parent) is found to be liable when the (agent or child) causes injuries.
The latin term is “respondeat superior” or “let the master answer”.
If you have any questions or concerns regarding the family car doctrine or other issues involving personal injury, please contact Harper Law, PLLC and we’ll be happy to provide you with answers.
Reality Check - Swerve
Posted Tuesday, September 22, 2009 by Ed Harper.
I recently attended a Reality Check driver’s training course. The course is worth every penny. The driving experiences are highly valuable and require the young driver to make quick, decisive decisions. The young driver learns how to have vehicle control, and have sharp mental focus.
Having a “What if?” strategy. Thinking ahead and planning to prevent an accident, anticipating all of the possibilities will help assist the young driver.
Time to react – to prevent driver error. High Aim Vision. Look far ahead – with eyes up. Need to look several hundred feet up to 1000 feet ahead to avoid rear end collisions.
Seat position – need to be sitting up and prepared to drive – no lounging.
Hand position – need to have them at 9 and 3. Drivers were told, because of the use of air bags, having your hands at 10 and 2 is now no longer recommended.
Distractions for a young driver cause 80% of their accidents. 6,000 teen drivers die every year, mainly because of distractions. For example, 98% of all intersecton accidents are caused by driver error.
One friend of mine, who works for the Seattle Police Dept. told me the money he spent on his son’s Reality Check was the best money he ever spent on teaching his son how to drive. I wholeheartedly concur. Enjoy the course, you’ll enjoy the ride.
Uninsured Motorists are on the rise
Posted Thursday, February 05, 2009 by Ed Harper.
Uninsured Motorists are on the rise in Washington. A recent study by an Insurance company representative has shown that the number of uninsured drivers in Washington is on the rise. More than 16% of the drivers on Washington State highways are uninsured. Apparently, the slow economy has caused individuals and families to make hard choices – and the result is that the purchase of insurance is an option. This is a horrible choice – and an illegal one. The penalties for driving without insurance often exceed $500-$600. This is in addition to the costs and expenses you could become obligated when there are injuries that you cause while driving your uninsured vehicle.
What does that mean for everyone else? Buy Underinsured Motorist Coverage (UIM) also known as Uninsured Motorist coverage! This protects you in the same amount as your liability limits protect you when you have injured the other guy involved in the accident. The UIM benefit works likes this: 1. If you are injured by someone who does not have insurance, you make the bodily injury claim against your own company. Your company steps into the shoes of the at-fault driver, and hopefully you will be compensated in the same amount you would have received from the at-fault driver. 2. If you are injured by one who does not have enough insurance (the minimum limit here in Washington is $25,000/$50,000) you can make a claim to you own company for full compensation as if the at-fault driver had sufficient coverage.
This may seem like an extra, un-needed expense, during tight economic times, but the downside is too great to not go without really stout UIM coverage. The coverage is not that expensive, and oftentimes, this may be the only compensation you will ever receive for a collision you did not cause. If you have any questions regarding this, feel free to call me at 425 284 3333. Ed Harper, Harper Law PLLC.
Auto Accident - Frequently Asked Questions
Posted Monday, August 18, 2008 by Ed Harper.
Auto Accident
Injuries which stem from accidents occurring on streets or highways require one to make decisions often when one is suffering from shock or experiencing a rush of adrenaline. Be prepared for long-lasting effects from a collision. The highway is a very dangerous place. According to the Center for Disease Control, in a 1999 study, motor-vehicle crashes remain the leading cause of injury-related deaths in the United States, accounting for 31% of all such deaths in 1996
Here are answers to several frequently asked questions after an accident:
If I have been in an accident, what should I do?
The first thing after an accident is to see if anyone needs medical attention.
After ascertaining if anyone is hurt, including your passengers and other drivers, call 911. If you are able to exit your vehicle, and it is safety to do so, get out of your vehicle to assess the accident and vehicle damage. If you have a camera, take pictures of the location of the collision, the vehicles involved in the collision, and anything that would be of value to the investigation of the crash.
Should I move my vehicle?
If possible, wait until after the police have arrived and told you it is okay to move your vehicle. With the vehicles in the same location the officers investigating the collision will have an easier time to determine who is at fault for the collision. Sometimes, if you are on a bridge or spot you may need to move your vehicle to a safe location, if it endangers your or others.
What information should I obtain from other people?
Make sure you get their name, address, phone numbers, e-mail address, and insurance information of all the drivers involved in the collision. Also, try and get the name, address, phone numbers, e-mail addresses from all passengers and witnesses. Also write down the make, model, year, and license plate number of each vehicle.
What if the collision does not appear to be a serious accident?
Typically, the 911 operator will first ask if someone is injured. If not, or if the damage is less than $500, they likely will not come. However, encourage the police to come as it is of great benefit to have an officer write up a report. This creates a record of the collision, and the investigation usually goes much easier with this information already recorded. As one who has just been an accident, you probably will not be thinking about the ramifications of your decisions at the scene. However, insurance adjusters, attorneys, and claims representatives diligent review the facts of the collision. Thus, what you do at the scene if of utmost importance.
After leaving the scene of a collision, what should I do next?
First, notify your automobile insurance company of the collision. If you were injured, seek medical attention. If you have personal injury protection (“PIP”) through your auto insurance, you can make a claim for your benefits. This will includes such items as medical costs, wage loss continuation (after 14 days), loss of services, and other items of coverage. Be sure the PIP adjuster advises you of all benefits that you are entitled to receive. Additionally, if the other driver who is at fault, is not insured, you may have to seek recovery from your own insurance company for their uninsured motorist benefits, or underinsured motorist benefits. If you have not seen a physician, and you suspect you may be injured, go to your primary care physician as soon as possible. Creating a record of your injury is mandatory. Any gaps in care, will be commented upon later by the opposing side, and these gaps is care need to be kept to a minimum. Also, your primary care physician will record your symptoms, and will refer you to the correct specialist if necessary. If you feel you need a second opinion, the PIP coverage allows you to obtain treatment from a variety of health care providers, provided it is reasonable, necessary and causally related to the collision.
What should I tell my health care provider after a collision?
You will need to inform your health care provider what happened, and how you are feeling. Telling the provider of each and every symptom which is new and different, and in your mind caused by the collision. This is very important to ensure your provider can accurately diagnose what injuries occurred in the collision and will provide them with the necessary information needed to exam you to provide the objective basis for their diagnosis. Tell your provider what activities are more difficult, and ask them if you need a disability note to miss work.
Should I keep a diary or pain journal?
Absolutely. A journal, will be of utmost value when memories fade and you can’t recall in what order things happened. The journal, can be protected by the attorney-client privilege if you draft it to your attorney, as an attorney client communication. Write down what symptoms you are having, and what activities you are having trouble with. The one thing you need to keep in mind however, is to write down the information on a regular basis. Consistency is important as one who starts off strong, and then fades to almost nothing, can indicate an improvement in ones symptoms, or a loss of interest in the case. Whatever you do, keep it consistent.
Should I give a statement to an insurance company?
You should immediately contact an attorney who practices in personal injury claims before you give a statement, whether in writing or over the phone. This will be a written record of your version of what happened, and you will be asked about your injuries. Often, insurance company representatives will tell you this is mandatory, but it is not. It is only mandatory for you to cooperate with your own insurance company. You certainly can cooperate by answer written questions on your own timing. The other insurance company is an adversary and should be treated as such. Based on the Miranda warnings given to those who are arrested, “What you say, can and will be used against you.” So be careful, and be ready for a nice adjuster who will tell you nice things in order to get your cooperation.
Should I talk to others about the collision?
Merely talk to the people who are your friends and not your foes. Your health care providers, your legal counsel, and your family will need to know as much as possible about the collision and the effects. No one else really needs to know about the collision, unless it is absolutely necessary to discuss these matters. You may hear from friends and how much money they received in their claim, but every case is different, and injuries are different.
What should my focus be on after a collision?
Your focus should be on getting better. Hiring good legal counsel will ease your mind and if you have any questions, do not hesitate to contact your attorney. The legal process is complicated, and your attorney should be able to explain to you, in laymen’s terms, what is going to happen in the future with your claim. A legal claim for personal injury takes time, and you want to allow your body to heal. While you are going through the process, trust your attorney, and place your focus on your health.
Sonics or Seattle? Who is the real loser?
Posted Wednesday, June 11, 2008 by Ed Harper.
So, who is it going to be, the Sonics or Seattle? In my mind both of them have been losers. Fortunately, the team can rebound, but I don’t think this ownership group or the NBA can.
Previously I have written about the city and community not putting up any money to support the building of the next sports arena – complex. In my mind, enough money has been spent on these projects with the Mariners and the Seahawks. However, in Denver and other city’s there has been a nice blend of private sponsorship in building a state of the art arena. My hope remains that the City can find an interested buyer – Steve Ballmer for one – to help save the day. Just as Paul Allen did for the Seahawks.
However, in my mind, the days of basketball in Seattle may be over. Should we be sad as it has come to light that the NBA has crooked referees watching over their games – in the NBA playoffs no less. Former NBA ref. Tim Donahey has alluded to the games being fixed – and he even pointed to specific games. In working out a plea deal with the FBI he has submitted information that referees altered their foul calling in NBA playoff games in 2002 and 2005.
Also, it seems to me the NBA has a lot to lose if Seattle loses the Sonics. They have already lost face in supporting Clay Bennett the wealthy Oklahoman who wants to pick up the team – break the lease that his team has entered into – and run to Oklahoma City. We will see what Marsha J. Pechman, Federal Judge in the Western District of WA has to say in two weeks in the trial between the city and the team.
So in my mind, by supporting the team ownership – hey that’s who pays David Stern’s salary – the NBA has two strikes against it in this town. First showing that it is a corrupt organization and secondly for supporting the OK ownership group.
Howard Schultz lawsuit may be the best thing for the city of Seattle to save NBA basketball – but he doesn’t have much time.
‹‹ Newer Entries | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | Older Entries ››
We Are Here to Help
Although our office does not handle all types of cases, we hope you will contact us regarding any legal issues you may encounter. We will answer your questions, or refer you to another quality and trustworthy attorney if we are unable to assist you.
