As we grow older, we become more aware of our own mortality and that of our parents.  As we watch them age, we start to notice the little changes, such as forgetting where they left their glasses or keys and then the bigger changes such as failing to take their medication, or falling.  At this point, we start to wonder how safe it is for them to drive.  We worry about their safety and the safety of others.  Although some people remain mentally sharp with strong vision, reflexes and physical abilities well into their 80s and 90s, others start to show deficiencies in their 50s.

Data shows that senior citizens account for 5% of people injured in traffic crashes, 13% of all traffic fatalities and 18% of all pedestrian fatalities.  The number of elderly drivers is expected to triple in the United States over the next 20 years, according to smartmotorist.com.  Some states require mandatory driving tests after a certain age or require physicians to disclose conditions that could affect driving ability.

According to the Insurance Institute for Highway (IIHS), older people stand a greater chance of becoming a fatality in a traffic collision due to fragility and health issues.  Between 1997 and 2006, the death rate for older drivers declined steadily with no definitive reason.  So other than expecting your parents to self-limit their driving, how can we assure our parents are as safe as they can be on the road, as well as not endangering others?

First, watch for warning signs such as fearful and nervous driving, difficulty staying in the lane of travel, trouble paying attention or slower response to unexpected situations.  Keep informed regarding your parent’s medical conditions and medications, and talk to your parents about how they feel about their driving abilities and focus, as well as their vision.  If you have concerns regarding your parent’s driving, try to discuss the safe ability to drive with your parents’ physicians or take the keys and/or the car away and arrange for alternate transportation.  Remember that the ability to drive is closely connected to a person’s feeling of independence and dignity, so be cognizant of this when addressing the issue of elderly driving.

They are man’s best friend.  They don’t know evil or jealousy or discontent.  Although the majority of time dogs are docile and friendly, they sometimes can be dangerous.  Dogs can be aggressive, sometimes lacking malicious intent, but causing serious injury or death nonetheless.  In Nebraska, dog owners are liable for any and all damages to anyone except a trespasser under a statutory strict liability.

Neb. Rev. Stat. § 54-601 sets forth dog bite liability.  As dogs are personal property for all intents and purposes, the owner of a dog is liable for any and all damages that could accrue (1) to any person other than a trespasser by reason of having been bitten by such dog or dogs and (2) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying or chasing any person or persons or any sheep or other domestic animals belonging to such person.  Owners become strictly liable for the actions of their dogs.

The Nebraska dog bite statute also applies to scratches, knock-downs and other attacks.  In 2009, the Supreme Court clarified the legislative intent in Underhill v. Hobelman, 279 Neb. 30, 34 (2009).  Underwood demonstrated that not only does Nebraska’s dog bite statute apply to bites, but any means of injury.  A potential exception is the dog that causes damages during playful and mischievous acts.  Donner v. Plymate, 193 Neb. 647, 649-650 (1975).  Nebraska recognizes a strict liability standard for nearly all dog bites.  Donner determined that, when read together, the terms “killing”, “wounding”, “worrying” and “chasing” implied the dog was acting aggressively.  The Nebraska statute does not require the injury to be inflicted maliciously, however.

Nebraska’s strict liability statute on dog attacks and dog bites allows for recovery for damages without a showing of negligence on the part of the owner.  If you have been bitten by a dog, make sure you file a dog bite report with the Nebraska Humane Society.  You will want to gather the following information:

1)   Information about the dog that bit you, including name, age, address, color, breed and vaccination history (if available).  You may be able to find some of this information on the bite report completed by the Nebraska Humane Society.  Do NOT attempt to approach the dog again to obtain this information on your own.  You could risk further injury.

2)   Information about the owner of the dog, including name, address and phone number.

3)   Name of the dog’s veterinarian.

4)   Photos of the dog bite and the area of the attack.  If your clothing was torn, take photographs of the damage to your clothing, as well as keeping the clothing.  You may need it at a later time.

5)   Copies of any medical bills you receive as a result of treatment for the bite or attac

It is important to hire an attorney early in order to protect your rights.  Dog bite claims have time limits in which to bring your claim, so be sure to contact an attorney with experience handling dog bite claims.