A common question in car accident cases in Seattle is what happens if the victim is partially at fault for causing the crash. Can someone recover compensation for damages if they share some blame for the car crash?
The short answer to that question is "yes." However, the amount of compensation the victim may receive could be impacted by their level of fault for causing the car accident.
Washington Is an At-Fault State for Car Accident Claims
Washington State applies a fault-based system to car accident claims. The party responsible for causing the car accident can be held financially liable for the victim's damages. Damages for a car accident claim include economic damages such as:
- Medical bills
- Property damage
- Rehabilitative therapies
- Out-of-pocket expenses
- Lost wages and earnings
Victims may also receive compensation for their non-economic damages. These damages cover the victim's pain and suffering from physical injuries, emotional distress, disfigurement, and impairments. It also includes their loss of enjoyment of life and any reduction in their quality of life.
Proving Fault and Liability for a Seattle Car Accident
Before an accident victim can recover compensation for damages, they must generally prove the elements of negligence. A person is negligent when they owe a duty of care to someone and breach that duty of care.
For example, drivers have a duty of care to obey Washington traffic laws and to operate their vehicles safely. A reasonable person would obey the speed limit and avoid distractions. Therefore, a jury might find you negligent if you are speeding and texting while driving.
However, proving the person is negligent is just one step in winning the case. The accident victim must also prove that negligence caused the accident and that the crash resulted in damages.
For example, if you ran a red light while texting, your actions were directly and proximately responsible for causing the accident. Furthermore, had the accident not occurred, the victim would not have been injured or sustained damages.
What Happens if I’m Partially at Fault for Causing a Car Accident in Washington State?
Contributory fault applies when both drivers are partially to blame for causing a car crash. States have different types of laws in place to deal with this issue. One example is called contributory negligence, which bars victims from receiving compensation if they are even just 1% negligent in causing their injuries.
Only a few states use contributory negligence. Washington State is one of about 12 states that use a pure comparative negligence framework instead.
Section 4.22.005 of the Revised Code of Washington states that contributory fault does not bar recovery. Instead, an accident victim's contributory fault diminishes their compensatory damages proportionately to their level of fault. In other words, your compensation for a car accident claim is reduced by your percentage of fault for causing the car accident.
For example, suppose the jury awards you $750,000 for your car accident case. However, the jury also found that you were 20% to blame for causing the car accident. The court would reduce your compensation for damages by 20% or $150,000.
What Should I Do if I'm Being Blamed for Causing a Car Accident in Washington?
Unfortunately, insurance companies use contributory fault to avoid paying the full value of damages in car accident claims. Insurance adjusters try to shift some of the blame to the accident victim to lower the value of damages.
If you are being blamed for contributing to the cause of a car accident, contact a Seattle car accident attorney immediately. Experienced accident attorneys understand the tactics used by insurance companies and how to fight back.
You can help yourself by never admitting fault at the accident scene. Saying "I'm sorry" could be interpreted as admitting fault. You should also avoid talking with an insurance company without legal counsel. Insurance adjusters are skilled in asking questions that lead to responses that can be intentionally twisted to imply fault.
Accident victims benefit from an attorney's ability to handle communications with the insurance company. They avoid making errors and mistakes that could hurt their chance of receiving a fair settlement for their car accident claim.
Christopher M. Davis, founding attorney at Davis Law Group, P.S. is an experienced personal injury lawyer in Seattle, WA. Since 1994, he has represented clients across Washington in all types of personal injury matters, including car accidents, truck accidents, motorcycle accidents, and other incidents caused by negligent or wrongful conduct.
Contact attorney Davis to schedule a free consultation with a Seattle personal injury lawyer.
