Determining Fault in a Car Accident Case
Fault is the most critical element in any car accident claim. Who was at fault for the accident? That is the question insurance companies always ask before evaluating the value of your car accident claim. The person at fault is the one whose negligence or wrongdoing caused the accident. Typically, in Washington State, the person at fault is the one who will be held liable or financially responsible for the injuries and damages caused by the accident.
In cases where it is clear that one person was at fault for the crash, there is no real issue. However, if liability is not entirely clear or if there is shared fault, then the insurer will determine the relative percentages of fault on the part of the parties involved in the car accident. Generally, figuring out who is at fault in a car accident is a matter of determining who was careless or negligent. In many cases, you can use your common sense to determine that a driver was at fault. But you may not exactly know which law in the book was violated. So, in almost every car accident case, you are going to need legal or official support for your conclusion. This kind of support can be found in many places:
- Police reports: If police responded to your accident, you can rest assured that there is an accident or incident report. You may obtain this report by approaching the police department that serves the city where your accident occurred. In some cases, it is the city police department and in some cases it may be a county law enforcement agency such as the sheriff's department. However, this written report is public information and you have a right to request and obtain it. Sometimes, a police report may have little information. But sometimes, it will state a specific traffic law violation committed by one party that caused the accident. It will also state whether a citation was issued. This is valuable information for your claim.
- Vehicle code: Another name for this is the state's vehicle code. These rules of the road are part of each state's statutes or laws. They are available in public libraries or online.
- Comparative negligence: Some states have a contributory negligence system, which means that the injured person can recover for his or her injuries only if there was absolutely no fault on his or her part. However, that system does not exist in Washington State. What we have here is a system of comparative negligence. This means that you will be compensated depending on what your contribution was to the accident. This essentially means that if you were 50 percent responsible for an accident, the damages awarded to you will simply be reduced to 50 percent.
- Rear-end collisions: If someone hits you from behind, almost always, it is considered the other person's fault. A basic rule of the road requires that a motorist be able to stop safely if traffic is stopped ahead. If the driver is unable to stop in time to avoid a collision, it is understood or believed that the driver is not driving as safely as the person ahead. That said, if you rear-end someone, you may have a claim against someone who caused you to stop suddenly or against another car that rear-ended you and triggered a chain reaction crash.
- Left-turn accidents: A car making a left turn is almost always liable for a collision when it strikes an oncoming vehicle. That is because, under Washington law, the car turning left is required to yield right-of-way to the oncoming vehicle. The only exceptions are when the oncoming vehicle was speeding or ran a red light.
Determining fault or negligence is not easy. It takes an experienced personal injury lawyer with experience and a thorough knowledge of the law to help determine such negligence or wrongdoing. This determination could make or break your auto accident case. If you have been injured in a Washington car accident, please contact the experienced Seattle car accident lawyers at The Bernard Law Group to find out more information about your legal rights and options.
IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN A CAR ACCIDENT IN WASHINGTON - CALL TODAY FOR A FREE CONSULTATION!
