Like most states, Washington has fault-based accident and injury laws. Washington operates under a pure comparative negligence system. This type of system holds each party who contributes to the cause of someone else’s injury financially accountable, or liable, for their portion of the damages. Common damages include property damage, medical expenses, lost earnings, and compensation for pain and suffering. Under the comparative negligence system, an injury victim can still recover a portion of their damages even if they contributed to the cause of their injury. Make sure to speak with an experienced personal injury lawyer in Arlington for legal guidance.
Understanding Pure Comparative Negligence In Washington
Under RCW 4.22.070, the law describes Washington’s pure comparative negligence system in the following way:
“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…”
After an accident or injury, the involved insurance companies investigate to determine the cause, the negligence or wrongdoing that led to it, and the responsible party. In some cases, more than one party is responsible. For instance, suppose a collision occurs because one driver swerves to avoid a large pothole and collides with an oncoming car. In this case, the insurance company could assign 60% fault to the swerving driver and 40% fault to the negligent road maintenance agency under the pure comparative negligence system. An injury victim in the car that was hit didn’t contribute to the accident and can recover compensation from both liable parties.
What If the Injury Victim Contributes to an Accident Under Washington’s Comparative Negligence Laws?
Depending on the circumstances of the accident, the insurance company may assign a percentage of fault to the injured party. For example, if one driver runs a red light and collides with a vehicle at an intersection, it may seem they are entirely at fault for the accident and resulting damages, but what if the other driver was speeding? The insurance company could assign the speeding driver a percentage of fault for the accident. In this case, the insurer could find the driver who drove through the light 80% at fault and the speeding driver 20% responsible. If the speeding driver suffered an injury with medical expenses and other damages, they could still recover a portion of their damages, but the insurer subtracts the injury victim’s percentage of fault from the amount they pay out on the claim. For example, if a claim amounts to $100,000, the insurance company pays $80,000.
How Does Washington’s Comparative Negligence Law Impact a Car Accident Claim?
The pure comparative negligence system is advantageous for an injury victim with significant damages when they contributed to the accident, as it allows them to recover a portion of compensation for their losses; however, insurers sometimes exploit this law and assign an undue percentage of fault to the injury victim. This is a common tactic used by insurance companies to protect their profits.
How Can a Washington Car Accident Attorney Help?
Hiring a Washington car accident lawyer is the best way to protect your best interests during a car accident claim under the state’s comparative negligence system. An Arlington personal injury attorney conducts an independent investigation into all aspects of the accident and then uses the evidence to advocate for the maximum compensation for their client. Often, this includes demonstrating that the injured party bears little or no fault for the accident.
If you or a close family member suffered injury in an accident, contact the car accident lawyers at Wells Trumbull for experienced representation in your case.