I have three dogs who I consider members of my family.  My dogs each have distinct personalities and quirks that separate them as individuals.  As a society, it seems that we have been moving away from the old notion of the animal as a ancillary to the family and most people who have pets consider them a part of the family.  For example, one of my dogs goes to daycare and I recently read a study that indicates that over half of pet owners share their bed with their pet.

Unfortunately, the law has not yet caught up with society’s changing views of the importance of animals in our lives.  In the eyes of the law, if your beloved pet is killed by negligence (with few exceptions) it is treated as a property loss.  The law views the loss of the pet in an automobile accident the same as if you had a laptop or other valuable which was damaged or destroyed.  You are only entitled to the fair market value for the replacement cost of the animal, no more no less.  The law does not recognize the emotional ties between owner and animal and the emotional distress and disruption caused by such a loss.  Rather, the law treats animals as property that can be replaced not as an individual whose loss likely has a much larger impact than that of an inanimate object.

There are a few attorneys out there who have been working hard in Washington state to change the law. Courts have slowly began to recognize that companion animals and pets today have a very different value than when the laws regarding compensation were originally enacted.  Some Superior Courts have even awarded owner’s damages for emotional distress in which one owner’s negligence directly contributed to the death of a beloved pet.  I hope that this progress continues and the courts begin to recognize that pets are more than just a piece of property.

Wow!  What a storm we have had.  The worst of it seems to be over, but there is still a lot of snow on the sides of the road and back streets are still not plowed.  Because of the ice, there are down branches and trees and thousands are without power.  If you are reading this you may be one of the lucky ones!

Whenever there is snow & ice, there are lots of car accidents.  Some are single car accidents where a driver either lost control on a slick patch or just got stuck.  However, there are many collisions that occur because someone was going too fast for conditions.  This often results in a multi-car collision with totalled vehicles and significant injuries or even death.

Sometimes it is necessary to drive in the snow and a fair option if you have the right vehicle.  I have been into the office each day of this storm to make sure that we have been available to help our clients.  But I have a 4-wheel drive vehicle with high clearance.  Others have this same setup, but often abuse the privilege.  Here are some tips to remember no matter the size of your car, but especially for those who drive those big powerful vehicles.

First, remember that you may be able to get going but it will likely be hard to stop.  The big 4-wheel drive vehicles are heavier and take a lot longer to slow down & stop.

Second, keep looking ahead.  It is easy to focus on the road just in front of you, but more important to pay attention to upcoming intersections and traffic in front of you.  The only way to stop on time is to know when something is coming.

Third, watch out for pedestrians.  When there is snow and ice on the roads, it is usually worse on the sidewalks.  Pedestrians can slip and fall into the road, or some even walk in the cleared road to avoid the treacherous sidewalks.

Finally, keep your speed down.  While you may be able to get-up-and-go, your higher speed usually sprays a wall of slush and ice onto the windshields of those around you.  This bilnds the other driver and causes accidents.

Hopefully these tips help.  I follow these when I drive in the snow because I have seen the pain and suffering that results from auto accidents.  Hopefully you were able to stay safe during this winter storm, but if you or someone you know was injured by someone driving too fast for conditions, please call our firm.  We would be happy to give a free consultation and help in any way we can.

I was at my church helping with the teens when one of the high school guys, Nate, handed me a small elastic band.  I asked Nate what it was and he told me that it was a thumb band meant to keep people from texting while driving.  He said that there were lots of kids who die every year because of people who text while driving and cause accidents.

I decided to look into it and found www.textingkillsthumbbands.com.  This site was created by a father whose daughter was injured in a serious car accident because the driver wasn’t paying attention.  One of her friends was killed in another accident.

The father saw that these accidents and so many others were caused by drivers who were texting and otherwise distracted.  So he decided to start a campaign to end the thousands of deaths resulting from the distractions by educating teens and providing these thumb bands as reminders.

This father’s mission is working.  Nate is a teen who recognizes the danger of texting and driving and is sharing that message with others.  Thanks, Nate.

The Washington State Association for Justice Amicus Program recently recognized Attorney Karen M. Kay with the Law Offices of Harold D. Carr for a case that she argued and won in front of the Washington State Supreme Court.

The case of Rahman v. State of Washington holds the State accountable for the acts acts of an employee that cause injury to a passenger in a state vehicle even though the passenger was not authorized to be in the vehicle.

Ms. Rahman was a passenger in a state vehicle driven by her husband.  Her husband was a state employee, but Ms. Rahman was not.  The employee manual prohibited non-employees from riding in State vehicles.  Ms. Rahman was an unauthorized passenger in the State’s view.  As they were driving, Ms. Rahman was injured when her husband caused an accident.

Ms. Rahman hired the Law Offices of Harold Carr to represent her.  A claim was made against the State for her injuries, but the state denied the claim stating that because unauthorized passengers were not allowed according to the employee manual, Mr. Rahman was in violation of the terms of his employment and therefore not acting in furtherance of the State’s interest at the time of the accident.

After a partial summary judgment was entered against Ms. Rahman, she appealed.  The Court of Appeals Divison II ruled in favor of Ms. Rahman.  The State requested that the issue be heard by the Supreme Court of the State of Washington. The state argued that Ms. Rahman’s presence in the vehicle was in violation of the rules and therefore Mr. Rahman was not acting in the course and scope of his employment at the time of the accident so the State was not responsible for his actions.

Attorney Karen Kay argued on behalf of Ms. Rahman that the state is liable under the doctrine of vicarious liability (an entity is liable for the negligent act of its employees) and that liability cannot be disclaimed by a provision buried in a large employee manual.  If they could it would open the door to employers disclaiming liability for any action by the employee that was prohibited in the employee rule book.  This would have the result of businesses avoiding liability in virtually all circumstances.

The Washington State Supreme Court issued a 6-3 decision in favor of Ms. Rahman and Attorney Karen Kay along with the WSAJ Amicus Program and held that the state was vicariously liable for the acts of its employee that caused injury to Ms. Rahman, even though she was an unauthorized passenger.

Not only was Ms. Kay recognized by the WSAJ Amicus Program for her achievement, but her result was also listed as one of the most significant cases in the last 37 years.

Congratulations to Ms. Kay on her great achievement in the face of an up-hill battle!  Her dedication has helped to preserve individual rights of injury victims in Washington State.

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