When a car accident occurs in Seattle, there is often considerable confusion and chaos in the aftermath. Ensuring your safety and getting treatment for any injuries is a primary concern. In the days or weeks following, you will likely be contacted by insurers. Their focus is on determining liability.
How the crash happened and who is responsible may be obvious in some cases. In others, the answer is less clear, and multiple people involved may share a portion of the blame. Fortunately, even if your actions played a role in causing the crash or increasing the severity of harm suffered, you may still be entitled to compensation under Washington comparative negligence laws.
Understanding how this law applies could impact whether you walk away with a fair settlement or get nothing at all. At Washington Injury Law, our experienced Seattle car accident lawyer explains how comparative negligence works and what you need to know before agreeing to a settlement.
Washington State Negligence Law: Comparative Negligence In Seattle Car Accident Claims
Comparative negligence is a legal theory that allocates fault and financial liability between all parties in the event of a car crash or other types of accidents. In most states, if a plaintiff (at-fault party in a claim) is determined to be 50 percent or more to blame for causing a collision, they are not entitled to compensation for injuries, property damages, lost income, or pain and suffering.
However, Washington State courts rely on the pure comparative negligence rule. Under the Washington Revised Code, those injured in a Seattle car accident can still get compensation, even if they were mostly at fault for causing the crash.
Here’s how Washington negligence law works in a King County injury claim:
- Say you were injured in a car accident and suffered $100,000 in medical bills, lost wages, property damages, and other costs. (This is just an example; even a minor crash can leave you suffering losses totaling well over this amount.)
- The evidence shows you were 60 percent to blame for causing the accident.
- Under Washington State negligence law, you can still seek compensation in a claim.
- However, the amount you are entitled to is reduced based on your portion of liability. This means that you may be entitled to compensation totaling $40,000, or 40 percent of $100,000.
Washington Comparative Negligence Law In Seattle Car Accident Claims
When a car accident happens in Seattle or anywhere in Washington State and causes personal injuries and property damage, insurance companies determine each party’s liability based on the circumstances surrounding what happened and any evidence collected. This percentage impacts what you are entitled to in the aftermath of an insurance settlement or a Seattle car accident lawsuit filed through the King County District Court.
While this approach may seem fairer than an all-or-nothing system, it also opens the door for other motorists involved and their insurers to shift blame to you, minimizing potential payouts. For them, the key is proving that you were at least partly responsible. Under Washington negligence law, compensation may be reduced in a Seattle car accident claim if:
- You weren’t wearing a seatbelt at the time of the crash.
- You were speeding, tailgating other motorists, or engaging in other aggressive driving behavior.
- You were talking on your phone, texting, or otherwise distracted.
- You failed to stop at a red light or disregarded other traffic signs and signals.
- You were under the influence of alcohol or drugs at the time.
- You failed to maintain your vehicle, resulting in brake problems, tire blowouts, or other mechanical issues that contributed to the accident.
The more blame the insurer and other drivers can assign to you, the less they have to pay. Even though Washington State’s negligence law allows for partial recovery, insurance adjusters often try to use comparative fault rules to deny these claims. Don’t let them mislead you.
Even if you were partially at fault, you still have rights and may be entitled to compensation.
How Getting Legal Help Protects Your Rights and Maximizes Compensation Under Washington Negligence Law
More than 8,000 car accidents in King County happen each year, according to reports from the Seattle Department of Transportation.
Crashes and collisions are complex events that can cause serious personal injuries that impact you long after. You only get one chance to secure the compensation you need to recover via insurers or a car accident lawsuit. To protect your rights and prevent out-of-pocket costs, get professional legal help.
Proving fault and challenging unfair blame is not something you should do alone, as there could be potentially hundreds of thousands of dollars at stake. An experienced Seattle car accident lawyer can take the legal actions needed to get you the maximum amount you are entitled to under Washington State negligence law. Ways we can help include:
- Thoroughly investigating your case;
- Identifying all liable parties and insurance policies;
- Gather evidence to support your injury claim, such as police reports, witness statements, and any surveillance videos from the scene.
- Getting statements from your medical providers and accident reconstruction experts;
- Negotiating with insurers to get the maximum settlement;
- Taking your case to court if insurance fails to cover your costs.
To Find Out How Washington Comparative Negligence Impacts Your Claim, Contact Our Experienced Seattle Car Accident Lawyer Today
If you were injured due to a car accident in Seattle and have concerns about being partially to blame, be aware that you still have rights under Washington negligence laws. Even if you were more than 50 percent responsible for a crash, you still have the right to seek compensation for your losses.
At Washington Injury Law, we protect clients in these cases and don’t back down in getting the maximum amount they need to recover.
Keep in mind you only have one chance to get what you are entitled to in a claim. If you are involved in a collision, seek professional legal help right away. Call or contact us online today to schedule a consultation with our experienced Seattle car accident lawyer.