How Washington State’s Traffic Laws Impact Car Accident Claims
If you’ve been injured in a car accident, odds are the last things you want to have to worry about are legal statutes, local ordinances or red tape. However, maintaining a keen understanding of these considerations can be instrumental in ensuring you receive the compensation you deserve following a crash.
In Washington State, individuals who are involved in an accident with a car, truck, motorcycle or other motor vehicle may be entitled to compensatory damages to help ease the financial strain caused by their injuries. Let’s take a closer look at some of the must-know traffic laws for Washington residents with respect to car accidents and discuss how these legal statutes can impact motorists’ personal injury claims.
What to do if you’ve been in an accident
Washington State outlines a number of requirements for individuals involved in motor vehicle accidents. The specific regulations vary depending on the nature of the accident, so it is important for all drivers to understand what is expected of them in the event of a collision with another vehicle or an individual. According to Washington State law, here are the fundamental steps drivers must follow immediately after a motor vehicle accident:
- Stop the vehicle: Whether you were involved in an accident with another vehicle, an individual or some other type of property, you should immediately stop your vehicle and remain at the scene of the accident to complete subsequent steps.
- Move the vehicle if necessary: Drivers are permitted to relocate their vehicles to a safer location if the immediate site of the accident leaves them prone to additional harm. For example, drivers involved in a freeway collision may relocate their cars to the median or shoulder to stay out of harm’s way.
- Exchange information: All drivers involved in an accident are required to exchange information with the other involved parties. Drivers should provide their names, addresses, insurance information and license plate numbers and should show their driver’s licenses to the other involved parties.
- Render aid: If any individual at the scene of the accident is in need of medical assistance, other involved parties are expected to render aid to the best of their abilities to the injured party or parties. It is worth noting that, under Washington law, rendering such aid can not be viewed as an admission or implication of fault.
- File a report: If law enforcement investigates the scene of an accident, the responding officer will file a collision report with the state. If law enforcement is not present at the scene, the drivers are responsible for filing their own reports. These reports must be submitted within four days of a collision and can be accessed online or via the “local police department, county sheriff’s office or Washington State Patrol district office.”
Failure to comply with any of these requirements could result in unpaid damages and medical expenses and could even lead to criminal charges. For example, failure to stop or comply with subsequent requirements at the scene of an accident involving personal injury is considered a class C felony that carries a potential sentence of up to 5 years in state prison and/or a fine of up to $10,000.
Determining fault
After following all of the above steps in the immediate aftermath of a collision, injured drivers, passengers and their insurance companies typically turn their attention to determining who was at fault for the accident and assessing damages. In some states, insurance companies are required to pay for their policyholders’ accident-related medical expenses, regardless of who was at fault for the accident. In Washington, however, things work a little bit differently.
In assessing fault in motor vehicle accidents, Washington uses a contributory fault model rather than a no-fault model. This means that both drivers’ actions will be assessed, and each driver may be assigned a share of the responsibility for the accident, and each party’s insurance company will pay it out accordingly. The assessed percentage of contributory fault ascribed to each party will ultimately impact the amount of damages each party can claim and receive.
For example, if one driver is found to have been 20% at fault for the accident, that driver will have his or her recoverable damages reduced by 20%. In this example, the other party involved in the accident would be considered responsible for the remaining 80% of the damages, either through their insurance company or, for uninsured motorists, out of their own pockets. It is important to note that all drivers in the state of Washington must be insured, and motorists without insurance may be subject to penalties ranging from fines to license suspension or revocation.
Fault defined
Keep in mind: In the state of Washington, “fault” is defined as “acts or omissions, including misuse of a product, that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability or liability on a product liability claim.” While other states consider violations of traffic laws and statutes to be evidence of negligence per se, Washington state does not automatically assign fault based on a driver’s violation of a law, rule or ordinance except in cases of driving under the influence.
Other coverage options available for Washington drivers
Under Washington’s contributory fault system, insurance providers must offer Personal Injury Protection (PIP) coverage as an optional add-on. PIP helps cover medical expenses and other accident-related costs, regardless of who caused the crash. This coverage can also assist drivers in paying for damages they are responsible for under the contributory fault rules, providing financial support even if they share some level of fault in the accident. However, drivers should bear in mind that filing a PIP claim could result in higher auto insurance premiums moving forward, so it is important to carefully weigh the potential risks and benefits associated with these claims.
How long do I have to file a personal injury claim?
As a general rule, motorists have three years to file a personal injury claim in Washington State. Three years may sound like a long time, but sometimes, the effects of a motor vehicle are not immediately noticeable, and injuries can develop or worsen over time. For this reason, it is highly recommended that individuals involved in car accidents carefully monitor themselves in the days, weeks and months following a collision to spot signs of potential injuries as early as possible.
Motorists should keep an eye out for any pain or other symptoms that may signal a potential accident-related injury and keep a detailed account of any and all medical care they may choose to seek out as a result. Detailed and accurate records can play a critical role in a personal injury insurance claim or lawsuit, and proactively gathering this information can help maximize the chances of a claimant receiving an adequate payout or award.
Need further assistance?
If you’ve been injured in a car accident, you deserve access to comprehensive care and support that will enable you to navigate your recovery process with ease and dignity. Whether you were a victim of an accident involving an uninsured motorist, need help understanding Washington’s contributory fault system or are considering filing a personal injury lawsuit to cover medical expenses and other damages, the car accident lawyers at Smith McBroom are here to help.
Our trial attorneys and law counselors have over two decades of experience and are well-equipped to help you navigate Washington’s car accident laws, statutes, and processes. If you’ve been involved in a personal injury crash, give us a call today or fill out the contact form on our website to schedule a case evaluation and explore all of the options available to help you during this time.