Most automobile accident cases are based on negligence. To succeed in a negligence claim, the plaintiff must show that he or she would not have been injured “but for” the defendant’s negligence. In some cases, there are multiple causes of an accident, and fault and liability may be apportioned among several…
Under Washington law, police must advise individuals of the right to independent testing when a breath test is administered pursuant to the implied consent statute. Under a previous version of the statute, this information was also required for blood tests. A Washington appeals court has recently addressed whether police must…
Washington courts are to consider several factors when determining property distribution in a divorce. Those factors include the nature and extent of community property and of separate property, the duration of the marriage, and the financial circumstances of the parties. Thus, although the court characterizes property as community or separate,…
Under Washington law, a family member who is present at the scene of an accident in which a loved one was physically injured or arrives shortly thereafter may have a claim for negligent infliction of emotional distress (NIED). A Washington appeals court recently reviewed a case to determine whether a plaintiff…
Threats of domestic violence should be taken seriously. However, not all statements that suggest potential violence are true threats that can form the basis of a criminal conviction. A Washington appeals court recently considered whether a statement that was made to a third party and that did not include a…
Health care can be very expensive, especially if the treatment is not covered by insurance. A child support order will generally set out how uninsured medical expenses are allocated, but what happens when one parent seeks treatment for a child who is not covered by insurance? The Washington Supreme Court considered this…
A vehicle owner may be liable for the negligence of a driver if the driver was acting as the owner’s agent, and the owner controlled or had the right to control details of the physical movement of the agent. Both parties must consent to the principal-agent relationship. A Washington appeals…
Pursuant to Washington ER 404(b), evidence of other crimes, wrongs, or acts may not be admitted to prove the defendant’s character to show that he acted in conformity with his character. Evidence of prior acts can be admissible for certain other reasons, including motive, opportunity, and intent. Washington courts have…
Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support. It is important that parents…
Criminal cases often hinge on whether evidence is admissible. Evidence obtained through an unlawful search is generally inadmissible. Vehicles can be especially vulnerable to questionable searches. A recent case considered whether drug evidence seized in an inventory search of an impounded motorcycle should have been suppressed. A trooper stopped the defendant…