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Call the police after a collision and know your location when you call
After collisions, people often assume there is no need to contact the police if there is an exchange of information. However, for accident reconstruction purposes, the law enforcement officer can document certain items that may be in dispute later. For…
Published Saturday, July 14, 2007

Driver's Intoxication and Passenger's Knowledge
Driver’s Intoxication and Plaintiff’s Passenger’s Knowledge Washington Pattern Instruction (WPI) 12.01.01 states the following: “If you find that: 1) A driver was intoxicated from the use of alcohol or drugs; and 2) The plaintiff voluntary rode in the…
Published Tuesday, November 22, 2016

Should a Plaintiff's Spouse Bring a Loss of Consortium Claim?
Should a Plaintiff’s Spouse Bring a Loss of Consortium Claim? Washington Pattern Instruction 32.04, the loss of consortium instruction, is based on an injury to the other spouse. But this instruction has been expanded of late to include other…
Published Tuesday, May 02, 2017

Wisdom when it comes time to settle
Following a car crash, many individuals become strapped for cash because they are out of work. They may decide to pay for items such as food, health care deductibles, etc. with a credit card, with the idea the at-fault driver’s insurance will…
Published Tuesday, November 30, 2010

Contributory Negligence and Why It Matters
What is contributory negligence? Contributory negligence is defined in the State of Washington as “negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.” WPI 11.01. The essence of…
Published Thursday, October 27, 2016

Can a child be found negligent and thus contributorily negligent?
Can a child be found negligent and thus contributorily negligent? Yes, if they are less than 6 years old. Washington Pattern Instruction 11.03 states the following: “A child under the age of six years is incapable of contributory negligent. Therefore…
Published Tuesday, November 01, 2016

Measure of Damages – Elements of Noneconomic Damages
WPI 30.06 states, “The pain and suffering, both mental and physical [see RCW 4.56.250(1)(b)] experienced and with reasonable probability to be experienced in the future.” RCW 4.56.250(1)(b) – this statute holds noneconomic damages are “subjective…
Published Tuesday, June 13, 2017

Nondelegable Duties
Nondelegable Duties Washington Pattern Instruction (WPI) 12.09 states the following: “(Fill in person or entity) is not relieved of its duty to (particular duty) by delegating or seeking to delegate that duty to another person or entity.” In the case of…
Published Friday, December 16, 2016

Two Cars Meet in an Unexpected Manner
Whenever there is an automobile accident at an uncontrolled intersection, one may ask “who is at fault?” this is a common occurrence for cars especially on small side streets in modern suburbia. An uncontrolled intersection is one where there are no…
Published Monday, September 19, 2016

Attributing Fault – Standard of Care for a Child
“When referring to a child, ordinary care means the same care that a reasonable careful child of the same age, intelligence, maturity, training, and experience would exercise under the same or similar circumstances.” WPI 10.05. Generally, a child under…
Published Monday, October 10, 2016

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