The Right of Way

The rules of the road rights of way help determine fault. Often fault for an accident is pretty clear. Often it is not. There may be differing accounts of what happened. ‘I had the light.’ ‘No, it was green for me.’ Also, the right of way is not always an either/or proposition. The disfavored driver […]

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National Safety Month

June is the National Safety Council's National Safety Month. Driving safety is one area the NSC will spotlight this year.  

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Cow Owner Liable for Auto Accident

Graber owned cows. His neighbors testified they had repeatedly seen cows outside Graber’s fence, either on neighboring property or on the highway.  Some neighbors testified that they had repeatedly called Graber to notify him that cattle had left his property. Evidence showed that Graber himself believed that strangers had opened his gates on several occasions, […]

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What Emergency?

A car was in the front of a line of cars travelling in the same lane. The lead car stopped suddenly. The car behind it was able to stop. The third car back abruptly switched lanes and went around the other two without incident. The fourth car, however, slammed on the brakes, but not soon […]

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Harder Than It Looks

A man was rear-ended in a motor vehicle accident. He treated with his doctor and with physical therapy. Months later he suddenly felt severe pain in his neck, shoulders, and down his left and right arms. He was in such severe pain that he believed he would die. He went to the emergency room for […]

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Not the Nanny

A woman was injured in an auto accident. She hired an attorney. Shortly before the statute of limitations was to run, the attorney filed the lawsuit and had a process server attempt to serve papers on the other driver. The process server handed to the documents to the nanny, who answered the door. Unfortunately, the […]

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No Bond, No Trial

A resident of Turkey was injured in Washington while on a bicycle. He sued the Washington driver. The injured bicyclist got only a small award in arbitration, so he appealed and was given a trial date for a jury trial. The bicyclist then relocated back to Turkey indefinitely. When he failed to post a bond, […]

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Woman Talking on Phone While Driving Sues UPS Driver

A UPS driver turned left while also running a red light. A woman collided with the UPS van and suffered a broken finger and other injures. There was evidence that the woman was holding her phone to her ear, waiting on hold to comment on a radio talk show.  UPS presented evidence that the woman […]

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Following Driver Not Always at Fault

Most assume that in a rear-end auto accident the following driver is always at fault. The following driver is disfavored and usually at fault – but, not always. 

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Snow Blind

In the winter of 2009 a near-record six-and-half feet of snow fell in Spokane, Washington.  Snow-plowing created snow berms throughout the city. Mr. Todd came to an intersection. A large snow berm blocked the view to his left. Mr. Todd stopped, looked both ways, then inched into the intersection to try to see if it […]

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