| Can I File a Car Accident Claim in Spokane if I’m Partially At Fault?Under Washington’s pure comparative negligence rule (RCW 4.22.005), a Spokane personal injury lawyer can help you recover medical bills, lost income, and pain and suffering even if you are partially to blame— your final recovery is simply reduced by your percentage of fault. Crashes on high-risk corridors like Division Street, Sprague Avenue, or Interstate 90, though, often involve disputed liability. Those cases require deeper investigation, which can affect both your settlement’s timing and its total value. |
When you’re injured, the insurance company moves fast. Adjusters call within days — sometimes hours — trying to lock you into a recorded statement or a low settlement before you’ve even seen a doctor. You need someone who moves just as quickly and knows the playbook.
Why Choose Bernard Law Group After a Spokane Car Accident
For nearly four decades, Bernard Law Group has represented injured people across Washington — more than 10,000 of them, with over $500 million recovered. That experience is what we bring to a Spokane claim, whether your crash happened on the Division Street corridor, out on I-90, or at a light in Spokane Valley.
What that means for your case in practice:
- The same team from first call to trial. You are not handed off to a case manager and forgotten. Our firm is led by founder Kirk Bernard, admitted in California in 1981 and Washington in 1997, working alongside the attorneys who will handle your claim.
- A record insurers recognize. Our verdicts and settlements include multiple seven- and eight-figure recoveries. Adjusters price offers partly on who is across the table. (Past results do not guarantee future outcomes.)
- No cost unless we win. We work on contingency, so there are no upfront fees and no bills while your case is pending. If we don’t recover for you, you owe us no attorney fee.
We handle the full range of personal injury cases in Washington, and someone is available to take your call any hour of the day.
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What Do Spokane Car Accident Statistics Show?
Spokane County is one of the deadliest places to drive in Washington. According to the Washington Traffic Safety Commission’s State of the State: Washington Traffic Fatalities brief (October 2025), more than half of all fatal crashes in the state in 2024 occurred in just five counties — and Spokane was one of them, alongside King, Pierce, Snohomish, and Yakima.
Fatal crashes in Spokane County
| Year | Fatal Crashes | Change |
| 2022 | 40 | — |
| 2023 | 57 | +42.5% |
| 2024 | 52 | −8.8% |
Spokane Police Chief Kevin Hall presented the city’s ten highest-collision intersections to a Spokane City Council committee, ranked by injuries since 2017. As reported by RANGE Media, the list is dominated by wide, multi-lane arterials — seven of the ten sit north of the Spokane River, and none are on the South Hill.
| # | Intersection | Injuries since 2017 |
| 1 | Greene Street & Mission Avenue | 68 |
| 2 | Nevada Street & Francis Avenue | 53 |
| 3 | Maple Street Bridge | 46 |
| 4 | Hamilton Street & Mission Avenue | 46 |
| 5 | Division Street & Magnesium Road | 44 |
| 6 | Division Street & Francis Avenue | 42 |
| 7 | Division Street & Lincoln Road | 38 (plus 1 death) |
| 8 | Nevada Street & Wellesley Avenue | 38 |
| 9 | Ash Street & Wellesley Avenue | 36 |
| 10 | Browne Street & Second Avenue | 36 (plus 1 death) |
What Should You Do Immediately After a Car Accident in Spokane?
Call 911, get medical care, and document the scene before you leave. In Spokane, a responding Spokane Police Department officer will complete a Police Traffic Collision Report (PTCR) — Washington’s standardized crash report form. You can later request a copy through Spokane PD’s public records process (for city-street crashes) or through the Washington State Patrol’s WRECR portal (for crashes on I-90 and other state routes investigated by WSP). Reports are typically available a few weeks after the crash.
The steps you take in the first hour shape your claim. To protect it:
- Call 911 and report the crash. Under RCW 46.52.030, any collision involving injury or property damage above the state threshold must be reported. If an officer responds and files a PTCR, your obligation is satisfied. If no officer responds and the crash resulted in injury or property damage over $1,000, you must file a civilian report through the WSP OMVCR system.
- Stay at the scene and exchange information. RCW 46.52.020 requires every driver to remain at the scene, provide their name, address, insurance information, and vehicle license number, and render reasonable assistance to anyone injured. Leaving the scene of an accident involving injury or death is a felony in Washington.
- Get checked by a doctor — even if you feel fine. Adrenaline masks whiplash, concussions, and internal injuries. Prompt medical records tie your injuries to the crash.
- Photograph everything at the scene. Vehicle positions, skid marks, traffic signals, road conditions, and any visible injuries. Conditions change quickly, so document before anything is moved or cleared.
- Collect names, insurance details, and the exact location. Get contact information from all drivers and any witnesses, and note the specific intersection, block, or highway marker where the crash occurred.
- Don’t give a recorded statement to any insurer until you’ve spoken with an attorney — including your own insurance company. What you say in those first calls can be used to minimize your claim.
What Actually Happens After a Crash in Spokane?
After you report the accident, the at-fault insurer assigns an adjuster whose goal is to settle your claim for as little as possible, often pushing for a recorded statement or a quick settlement before the full extent of your injuries is known.
When Bernard Law Group represents you, we handle all talks with the insurance company. As an auto accident attorney Spokane WA residents trust, we gather proof, record your medical bills, and calculate your future care costs so we can ask for the full money you deserve. Most Washington car accident cases settle without going to court. But if the insurance company refuses to pay, our lawyers will take your case to trial in Spokane County Superior Court.
What are The Common Causes of Car Accidents in Spokane?
The most frequent causes of Spokane car accidents are distracted driving, impaired driving, speeding, and failure to yield — and identifying which factor caused your crash is the first step toward establishing liability.
- Distracted Driving: Texting, phone use, navigation adjustments, and eating behind the wheel are responsible for a significant share of crashes in Spokane County.
- Impaired Driving: Alcohol and drug impairment plays a role in fatal crashes. Even when an impaired driver faces criminal charges, the victim has an independent right to pursue civil compensation.
- Speeding: Higher speeds reduce reaction time and sharply increase injury severity. Wide arterials like Division Street and Sprague Avenue are especially dangerous because their design accommodates speeds too fast for the surrounding environment.
- Failure to Yield: Many of Spokane’s serious intersection crashes happen when a driver making a left turn fails to yield to oncoming traffic, or runs a red light or stop sign.
What Types of Injuries Are Common in Spokane Car Accidents?
The most common injuries in Spokane car accidents are whiplash, traumatic brain injuries, spinal cord damage, and psychological trauma — any of which can have lasting consequences far beyond the initial crash.
- Whiplash and Soft-Tissue Injuries: The most common car accident injury, caused by the sudden jolt that snaps the head forward and back. Symptoms may not appear for days, and insurers frequently challenge these claims, which is exactly why having an attorney matters.
- Traumatic Brain Injuries (TBI): Concussions and more severe TBIs can result from the head striking a window, steering wheel, or airbag or from the force of the collision alone. Long-term cognitive and emotional effects are common and must be fully documented.
- Spinal Cord Injuries: Herniated discs, nerve compression, and, in the most severe cases, partial or complete paralysis. Spinal injuries often require surgery, long-term physical therapy, and significant lifestyle changes.
- Psychological Injuries: Post-traumatic stress disorder (PTSD), anxiety, depression, and driving phobia are legitimate, compensable injuries that deserve the same attention as physical ones.
Who Is Liable for a Car Accident in Spokane?
Washington is a fault-based insurance state, meaning the driver who caused the accident — and their insurer — is responsible for your damages. Establishing liability requires proving four elements of negligence:
- Duty:The at-fault driver had a legal duty to operate their vehicle safely and follow traffic laws.
- Breach: They violated that duty through reckless, distracted, impaired, or negligent driving.
- Causation: Their breach directly caused the collision and your injuries.
- Damages: You suffered quantifiable harm as a result — medical bills, lost income, pain and suffering.
Liability doesn’t always rest with a single driver. Depending on your case, other potentially liable parties include:
- Employers, if the at-fault driver was on the job at the time of the crash.
- Vehicle manufacturers, if a defective part (faulty brakes, tire failure, airbag malfunction) contributed to the crash or worsened your injuries.
- Government agencies, if poor road design, missing signage, or inadequate maintenance created dangerous conditions.
- Bar or restaurant owners, if a drunk driver was served alcohol to the point of obvious intoxication before the crash (Washington’s dram-shop rules may apply).
Moreover, when more than one party shares responsibility, fault is apportioned among them under RCW 4.22.070. Our attorneys investigate every angle, because finding all responsible parties is often the difference between a partial recovery and a full one.
Legal Tip from Our Attorneys: What If You Were Partially at Fault?
Under Washington law (RCW 4.22.005), you can still receive money even if you were partly to blame for a crash. Washington uses a rule called pure comparative negligence. This means your share of blame simply reduces your payout. For example, if your total losses equal $100,000 and you were 20% at fault, you can still collect $80,000.
Your exact percentage of fault is never set in stone right after an accident. What a police officer writes on a crash report is just an opinion, not a final ruling. We test those reports against hard evidence like camera video, black-box data, photos, and witness statements to prove what really happened. Finding every responsible party, like a delivery driver’s employer or a bad road repair company, shifts blame away from you and increases the money you bring home.
What Damages Can You Recover After a Spokane Car Accident?
Washington law allows car accident victims to recover both economic and non-economic damages.
Economic Damages:
- Emergency care, hospitalization, surgery, and follow-up treatment
- Physical therapy, chiropractic care, and rehabilitation
- Prescription medications and medical equipment
- Future medical costs if your injuries require ongoing care
- Lost wages from time missed at work during recovery
- Reduced earning capacity if your injuries permanently affect your ability to work
- Vehicle repair or replacement and rental car expenses
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of activities you could do before the accident
- Loss of consortium — the impact on your relationship with your spouse or partner
If you carry Personal Injury Protection (PIP), which Washington insurers must offer under RCW 48.22.085, that coverage can help pay early medical costs regardless of fault. Insurance companies often undervalue non-economic damages, so a key part of our job as a car accident lawyer Spokane WA rely on is building the documentation to support them.
How Long Do You Have to File a Car Accident Claim in Spokane?
In Washington State, you generally have three years from the date of your car crash to file a personal injury lawsuit (RCW 4.16.080). If you miss this strict deadline, you lose your right to sue—no matter how severe your injuries are or how clearly the other driver was at fault.
If your case involves a government agency (like a city bus or county road crew), you must also submit a formal tort claim and wait 60 days before you can file a lawsuit (RCW 4.96.020). This 60-day waiting period takes up valuable time, but the main three-year clock keeps ticking down the entire time.
Pitfall Alert
The three-year clock is not the only deadline that can sink your claim, and waiting is the most common mistake. Evidence works on a much shorter timeline — traffic-camera and surveillance footage is often overwritten within days, and skid marks, vehicle damage, and witness memories fade fast. If a government entity is involved (a city bus, a county road crew, a state highway defect), the tort-claim notice requirement under RCW 4.96.020 shortens your effective window further. And if you accept an early insurer settlement or sign a release before your injuries are fully diagnosed, you generally cannot reopen the claim later, even if you need more treatment than expected. The safest move is to have the claim evaluated well before any deadline is close.
Why Do You Need a Car Accident Lawyer in Spokane?
Insurance companies focus on their bottom line and work to pay as little as possible on every claim. Adjusters may call within hours of your crash — before you’ve seen a doctor, before you know how serious your injuries are — to press for a quick, low settlement. A personal injury lawyer levels the playing field by using their knowledge, skills, and experience to advocate for your rights.
- Protecting your interests. They counter efforts to downplay your injuries, dispute your treatment, or shift blame onto you, including the common tactic of arguing your pain predated the accident.
- Handling complexity. They navigate multi-vehicle crashes, commercial insurance policies, rideshare coverage gaps, and government liability.
- Building a strong case. They secure the Police Traffic Collision Report, scene photographs, witness statements, traffic-camera footage, and vehicle event-data-recorder (“black box”) information before that evidence disappears or is overwritten.
The Opponent’s Playbook
In multi-vehicle pileups on I-90, or at high-crash intersections along the Division Street corridor, insurers frequently argue that you were partly to blame. They may claim you were following too closely, changed lanes without signaling, or failed to react in time. Under Washington’s pure comparative negligence rule, your recovery is reduced by your share of fault — so pushing your percentage up, even slightly, directly cuts the insurer’s payout. This is where much of the real work happens.
Bernard Law Group responds by securing the PTCR, pulling black-box data, obtaining surveillance and traffic-camera footage from Spokane PD and WSDOT, and locking in witness accounts before memories fade and footage is overwritten in a matter of days or weeks.
Our contingency-fee arrangement means you pay nothing unless we recover money for you. The free case consultation costs you nothing, so there is no risk in calling.
Legal Complexity: What Makes a Spokane Car Accident Claim Complicated?
A claim gets complicated the moment it involves more than one vehicle, a public road, a commercial driver, or a coverage dispute — because each of those adds a party with its own lawyer and its own reason to shift blame. Not every Spokane crash is a clean, two-car, clear-fault claim. The complications we see most often include:
- Multi-vehicle pileups, where fault must be apportioned among several drivers under RCW 4.22.070 and each insurer points at the others.
- Road-design and maintenance claims, which add a government defendant and the earlier tort-claim notice deadline under RCW 4.96.020.
- Work-vehicle and commercial crashes, which bring an employer’s policy — and its own defense counsel — into the case.
- Rideshare collisions, where coverage turns on whether the driver was logged in, en route, or carrying a passenger.
- Uninsured and hit-and-run drivers, which shift recovery onto your own UM/UIM policy, where the written-rejection rules under RCW 48.22.030 decide what is available.
- Disputed-fault cases, which turn on evidence rather than argument — the collision report, camera footage, and witness accounts.
What Does the Car Accident Claim Process Look Like?
A car accident claim at Bernard Law Group typically moves through six stages: free consultation, investigation, medical treatment, demand package, negotiation, and — if the insurer won’t pay fairly — settlement or trial. Most cases settle before trial, but we prepare every claim as if it will go to court, which is why insurers take our demands seriously.
- Free Consultation. You call or fill out our online contact form. We review the details of your accident and tell you honestly whether you have a viable claim and what it might be worth. No cost, no obligation.
- Investigation. We gather the police report, request traffic and surveillance camera footage, interview witnesses, consult accident-reconstruction experts if necessary, and obtain your medical records.
- Medical Treatment. We encourage you to complete treatment before we settle. Settling too early, before you know the full scope of your injuries, leaves money on the table that you may need later.
- Demand Package. Once your medical situation has stabilized, we prepare a comprehensive demand package documenting every element of your damages — economic and non-economic — and submit it to the at-fault insurer.
- Negotiation. We handle all back-and-forth with the insurance company. We don’t accept low offers. If they won’t come to a fair number, we escalate.
- Settlement or Trial. The majority of cases settle. When they don’t, we take the case to Spokane County Superior Court (civil claims over $100,000 are heard there; smaller matters go to Spokane County District Court). Our trial readiness is the reason insurers take our demands seriously.
Litigation Readiness: What If the Insurer Won’t Settle Your Spokane Claim Fairly?
The case has to be ready for a Spokane County jury — and the work that makes that possible starts long before anyone files suit. Insurers track which firms prepare cases for trial and which only send demand letters, and they price their offers accordingly. That readiness rests on three things:
- Evidence preservation — securing the PTCR, scene photographs, surveillance and traffic-camera footage, and vehicle black-box data before it is overwritten, and sending preservation letters when a commercial vehicle or employer is involved.
- Expert coordination — bringing in accident-reconstruction, medical, vocational, and economic experts to establish how the crash happened and what your future care and lost earnings are worth.
- Trial readiness — building every claim as though it will be presented to a jury, so the file is complete if the insurer’s offer falls short.
How Do You Choose the Right Spokane Car Accident Lawyer?
Finding the right car accident attorney Spokane residents can trust means looking past billboards means looking past billboards to verified results, Washington court experience, and genuine trial readiness. Look for demonstrated experience with cases like yours, real familiarity with Spokane County courts and Washington insurers, and clear communication.
Do they have experience with cases like yours?
Don’t just ask whether a firm handles car accidents. Ask whether it routinely manages your specific type of collision, whether that’s a highway pileup, a rideshare crash, or a head-on impact. Bernard Law Group has represented Washington accident victims for nearly four decades, including a $7.9 million settlement for a fatigued-driving crash. (Past results do not guarantee future outcomes; every case depends on its own facts.)
Do they know Spokane courts and Washington insurers?
Local knowledge matters. An attorney who understands Spokane County Superior Court procedures, the difference between Spokane PD and WSP crash reporting, and how major insurers negotiate brings a real advantage to your case.
Are they actually trial-ready?
The strongest settlements almost always come when the insurer knows your attorney is prepared and willing to go to court. Firms that settle every case tend to be offered less, and insurers know exactly which firms those are. Bernard Law Group prepares every claim as if it may go before a Spokane County jury, and our record of verdicts — including a $27 million jury award — is why our demands are taken seriously at the negotiating table.
What Our Clients Say
“As a result of the settlement that Bernard Law Group won for me, I’m able to put myself through school and plan a wedding. I’m doing really well financially!” — Kirk Henderson
“When I got out of the vehicle, I was rear-ended. I had a broken leg, broken in three places, and my knee was broken in two places. It was professional all the way through, and that was very helpful. If I had it to do over again, I would definitely hire Bernard Law Group.” — Alice Johnson
“I was stopped and a lady rear-ended me. When I called Bernard Law Group, they took care of everything. I never had to deal with the insurance company again. I didn’t have to deal with any of my medical bills again. I would highly recommend Bernard Law Group.” — Lonnie Humpal
You can read verified reviews on our testimonials page.
You Were Hurt. We Can Help.
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Car Accident Case Results That Reflect Real Experience
Bernard Law Group has represented Washington clients in serious and catastrophic car accident cases, focusing on securing the resources they need for medical care, lost income, and long-term recovery. A selection of past results:
- $27 Million Jury Award — for a municipal transit truck crash.
- $18.5 Million Record Settlement — for a motorcycle collision caused by a dump truck’s illegal U-turn.
- $12.5 Million Settlement — for a pedestrian struck on a sidewalk by a transit bus.
More outcomes are listed on our case results page.
Disclaimer: Testimonials and past results do not guarantee, warrant, or predict a future outcome. Every case is unique and depends on its specific facts and legal circumstances.
Local Resources After a Spokane Car Accident
The following resources may be useful after a crash in Spokane or Spokane County. Bernard Law Group does not endorse, control, or have a financial relationship with any of these organizations.
Medical Care
- Providence Sacred Heart Medical Center — 101 W. Eighth Avenue, Spokane
- MultiCare Deaconess Hospital — 800 W. Fifth Avenue, Spokane
Crash Reporting & Records
- Spokane Police Department
- Washington State Patrol — WRECR Portal
- WSP Online Motor Vehicle Collision Report (OMVCR)
- Washington State Department of Transportation — Crash Data
Insurance Help
Driver & Collision Records
Courts
- Spokane County Superior Court — 1116 W. Broadway Avenue, Spokane, WA 99260 (civil claims over $100,000)
- Spokane County District Court — 1100 W. Mallon Avenue, Spokane (smaller civil claims and small claims)
Frequently Asked Questions
What is the average settlement for a car accident in Washington State?
There is no reliable “average,” because settlements depend entirely on the facts of each case, including the severity of your injuries, the clarity of fault, the available insurance coverage, your lost wages, and your future medical needs. Minor-injury cases may settle for thousands of dollars, while serious-injury or wrongful-death cases involving surgery, disability, or significant lost income can reach millions.
What evidence helps a car accident case?
The strongest claims rely on quick proof: an official police report, photos of the scene, witness contacts, video footage, prompt medical records, lost wage documents, and black-box data. Because key evidence, like security video, is often in a matter of days or weeks, getting a lawyer involved right away ensures crucial proof is saved before it vanishes.
What if the other driver has no insurance?
Washington requires liability insurance, but many drive without it. If you’re hit by an uninsured or underinsured driver, your own UM/UIM coverage should cover the gap. Under RCW 48.22.030, Washington insurers must offer UM/UIM unless you reject it in writing. We help navigate these claims so you don’t pay for someone else’s mistake.
Do I need a police report from the Spokane Police for my accident claim?
Not always, but you need a report. If a Spokane Police Department officer or WSP trooper filed a Police Traffic Collision Report at the scene, that is your official record. If no officer responded and the crash caused injury or property damage over $1,000, RCW 46.52.030 requires you to file your own report within four days.
How long do I have to file a car accident lawsuit in Washington?
Generally three years from the crash date under RCW 4.16.080, with your suit filed in Spokane County Superior Court. If a government entity is involved, you must also give tort-claim notice and wait 60 days under RCW 4.96.020. Because evidence fades fast, don’t wait until the deadline is close.
How much does it cost to hire a Spokane car accident lawyer?
Nothing upfront. Bernard Law Group handles Spokane car accident cases on a contingency fee, so there’s no attorney fee unless we recover for you, and the consultation is free. That lets you have your claim evaluated — and pursued in Spokane County Superior Court if needed — without out-of-pocket legal costs.
Ready to Talk? Get Your Free Case Review Now.
If you or someone you love was hurt in a car accident in Spokane, don’t wait. The insurance company is already working on its case. Let us work on yours.
We are available 24 hours a day, 7 days a week. Call us or fill out our online contact form, and we will call you right back. There is no fee unless we win.
Bernard Law Group — 900 Aurora Ave N STE 100, Seattle, WA 98109 | Phone: (206) 339-7824
This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee future outcomes; every case depends on its own facts.
Attorney Review & Office Information
This page has been prepared for review by Washington-licensed attorneys at Bernard Law Group to reflect current Washington State law, including RCW 4.16.080 (statute of limitations) and RCW 4.22 (pure comparative negligence). Legal services are provided by attorneys licensed in the State of Washington and California.
