Car accidents are frightening and traumatic for all involved, especially when they end with injuries. Unfortunately, many Washington car accident victims find that the distress continues even after they’ve begun to heal from their injuries, when they face the complex process of recovering compensation for their damages under the state’s car accident laws. Make sure to speak with an experienced car accident lawyer in Lake Stevens for legal guidance and support.
Understanding Washington’s Pure Comparative Negligence Car Accident Law
Washington uses a pure comparative negligence system, requiring each driver’s insurance company to investigate the accident and assign a percentage of fault to each driver. Under this system, a driver can still recover a portion of their damages, even if they are partly at fault for the accident. In these cases, the insurance company subtracts the driver’s percentage of fault from the amount they pay out on the claim. Because this is a fault-based system, a car accident victim’s driving record and a vehicle’s accident and repair history may significantly impact the outcome of a claim.
How Do Insurance Companies Use Driving Records Against Car Accident Victims In Washington?
Under the full comparative negligence system, an insurance company saves money on its payouts by assigning a percentage of fault to the injury victim after a car accident. The higher the percentage of fault they assign to the victim, the less they have to pay. With this incentive, they investigate all aspects of car accidents. If there is any question about fault, they may use an injured driver’s record against them to establish fault. For example, if uncertainty exists about how fast an injury victim was driving when an accident occurred, a driver’s history of speeding tickets could be used as evidence to show a high likelihood that the injured driver was exceeding the speed limit at the time the accident occurred, and this either contributed to the cause of the accident or the severity of the injury.
A history of previous car accidents is also compelling in these cases, demonstrating a history of recklessness behind the wheel. In Washington, car accidents remain on a driver’s record for five years.
Why Do Vehicle Records Impact Washington Car Accident Claims?
A vehicle’s accident history and maintenance records also affect car accident claims in Washington. If a car owner fails to properly maintain their vehicle, and the evidence shows that a brake failure, worn tire, or other maintenance problem caused the accident, the driver could bear fault or a percentage of fault for the accident, reducing the total amount recoverable in their claim. In addition, a car that’s been damaged and repaired from a previous accident may cause more catastrophic effects in a secondary crash.
When Do a Driver’s Vehicle and Driving Records Help Your Claim?
If the driver responsible for your crash has a history of previous accidents, traffic citations for speeding or reckless driving, or their vehicle has a poor maintenance history, their records could give your claim a significant advantage in helping to prove the other driver’s full liability for your car accident damages.
An experienced Lake Stevens personal injury lawyer protects their client against common insurance company tactics, including using irrelevant driving and vehicle records against them in the car accident claim process. Contact us today for a free consultation.