Washington has a fault-based car accident claim system. Under this law, a passenger has the right to full compensation for their losses, such as medical expenses and income loss, because, unlike a driver, a passenger is never held liable in an accident. To ensure you fully understand these laws, make sure to consult a car accident attorney in Lake Stevens if you are seeking legal guidance.
Under Washington RCW 4.22.070, each involved driver or other entity, such as a negligent road maintenance agency, bears a percentage of fault assigned to them by the insurance company. 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…”
As a passenger, you cannot be held liable for damages in a car accident claim. Contact us today for legal guidance.
Understanding Pure Comparative Negligence for Car Accident Passengers In Washington
Under Washington’s fault-based car accident laws, injury victims must file a claim against the responsible party, but depending on the circumstances of the accident, both drivers may share fault. For example, one driver may be 75% responsible for the accident because they rolled through a stop sign and hit a car in an intersection, but the other driver may be assigned 25% fault because they did not have their headlights on and it was raining, foggy, or getting dark. In these cases, the insurance company deducts each driver’s percentage of fault from the amount it pays out on the claim. If both drivers in the above example had damages of $100,000, the driver who ran the stop sign could recover $25,000, and the other driver $75,000. If a person suffers an injury as a passenger in either vehicle, they can recover the full amount available to them because they were not responsible for the accident.
Who Is Liable for a Passenger’s Car Accident Damages In Washington?
Under Washington’s pure comparative negligence laws, a passenger can recover economic damages and compensation for pain and suffering by filing a claim against the person or entity responsible for the accident. If the person driving the car they were riding in caused the accident, the passenger is covered by the driver’s liability insurance. If another driver caused the accident, the injured passenger may recover compensation by filing a claim against the other driver.
Less commonly, car accident victims file claims against other entities, such as the manufacturer of a defective auto part, a negligent road contractor, or a road planning agency that designed an intersection with an obstructed view.
Washington RCW 4.22.070 states:
“If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimant’s total damages.”
An experienced Lake Stevens injury attorney investigates all aspects of an accident to determine liability and file claims against all parties who contributed to the accident. Contact Wells Trumbull today.