When a Washington car accident occurs due to a hazardous road condition, like a dangerous pothole or an obstructed sign, the local municipality may be held liable for an injury victim’s damages, such as medical expenses, lost earnings, and compensation for pain and suffering. If you were involved in an accident, please don’t hesitate to contact an experienced Arlington car accident lawyer. Under Washington’s pure comparative negligence law, defined in RCW 4.22.070, the law states the following:
“In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages …”
In other words, when a municipality’s negligence causes or contributes to an accident, they are responsible for their percentage of the injury victim’s damages, including up to 100% fault.
What Agencies Within a Municipality May Be Liable for Car Accident Damages in Washington?
A municipality is any incorporated entity, such as a village, town, or city, with a local government. Agencies within a municipality are responsible for ensuring that roads are properly designed, constructed, repaired, and maintained. Depending on the circumstances of an accident, several different entities could be held liable for a car accident victim’s damages. Common local government entities in car accident claims for damages include the following:
- Road maintenance agencies, if they ignore or postpone necessary maintenance to repair hazards, such as potholes, cracked pavement, uneven lanes, steep inclines or declines on the road shoulders, missing guardrails, and obstructed signs.
- Road planning agencies that design dangerous or confusing intersections, intersections with obstructed views, dangerous entrances or exit ramps, or other hazardous roadways
- A local government agency that failed to set an appropriate speed limit for a roadway
- The agency responsible for an accident caused by the driver of a government vehicle
A municipality has a duty of care to keep the roadways as safe as possible for motorists by taking all reasonable measures to design and maintain them properly; however, it may only be held liable if the agency had prior knowledge or notice of the hazard and has had ample time to address, repair, or correct the dangerous condition.
What Other Non-Drivers are Cited In Washington Car Accident Claims?
A car accident can take a substantial economic toll on an injury victim, including mounting medical bills, out-of-pocket expenses, lost wages, and future income loss. In addition, injury victims suffer pain, suffering, and temporary or permanent disability. These losses can cause loss of enjoyment of life or diminished quality of life.
Most car accident claims seeking compensation for the above damages are brought against careless or reckless drivers, but a significant number are brought against government entities within a Washington municipality for failing to address a road hazard. Other responsible entities could include a road construction contractor, the manufacturer of a defective auto part or tire, or the manufacturer of a defective seatbelt or airbag. In some cases, a drinking establishment that overserved an obviously intoxicated or underage patron may be liable under Washington’s Dram Shop Law (RCW 66.44.200).
An experienced Arlington personal injury lawyer thoroughly investigates the accident, documents evidence of liability, and pursues claims against all parties that caused or contributed to a car accident to maximize their client’s financial recovery. Contact us today for legal guidance.