Washington state and comparative fault in motor vehicle accidents

In Washington state, the law analyzes the percentage of fault attributed to each person involved in a auto accident that resulted in an injury. This is called “comparative fault.” With comparative fault, a plaintiffs recovery is in proportion to the percentage of negligence attributed to each party in an accident. Even if you were more at fault than another party, you could potentially still recover damages for your injuries.

If you have had a serious injury and your attorney was not able to settle with the insurance company before a trial, the jury decides what percentage of fault is assigned to each party involved in the accident.

Comparative fault cases can be intricate and that’s when the advice of a experienced personal injury attorney may be necessary.

If you caused the accident, you are 100% at fault and you cannot recover against other people involved in the accident. However, you could be partially at fault and the other person primarily at fault and depending on the percentage of negligence assigned, the other party will have to bear the responsibility of damages based on the percentage fault assigned to them.
https://www.washingtoninjuryattorneyblog.com/mt-static/images/formatting-icons/bold.gif Your personal injury attorney will spend a great deal of time on your case in establishing who is responsible for what percentage of fault. Documents like the police report and interviewing witnesses are used to help establish fault.

There are some actions on your part which can make you at fault for your injuries. These include:

  • speeding
  • not wearing a seat belt
  • failing to signal when stopping or turning
  • running a red light
  • driver distraction — cell phone usage
  • running into the street if you are a pedestrian
  • jaywalking or crossing a street other than at a crosswalk
  • entering a crosswalk when you do not have the Walk signal

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in car accidents, pedestrian accidents and bicycle accidents and the family of those killed. With our help, you may recover compensation for your damages including pain and suffering.

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Contact The Farber Law Group at 1-800-244-9087 or attorney@hgfarber.com to schedule a free and confidential case evaluation. We have offices in Seattle and Bellevue to assist you.