What Is The Importance Of Establishing Fault In An Auto Accident?

Your ability to receive compensation for injury in Seattle auto accidents largely depends on who was at fault in the accident, and to what degree that person was at fault.

In many states, injured parties cannot file a lawsuit if they are more than 50 to 51 percent at fault for causing their own injuries.  However, this is not the case in Washington. Revised Code of Washington (RCW) 4.22.005 is the State of Washington’s negligence statute, and it allows injury victims to sue as long as the defendant had some percentage of fault in contributing to the injury. In other words, even if the plaintiff is 99 percent at fault and the defendant is only one percent at fault, courts do not bar a recovery. However, courts reduce plaintiffs’ recoveries by their own degree of fault. If total damages were $100,000, and the plaintiff was 99 percent at fault, the court would limit the plaintiff’s recoverable damages to $1,000.

You can see why proving fault in a Seattle auto accident claim is a crucial for a case. When courts assign plaintiffs a great percentage of negligence, it is usually not viable for an attorney to pursue a lawsuit. Also, the idea of an auto accident claim is to hold negligent parties accountable. The idea is for the negligent party to restore the injured party’s condition to the condition prior to the accident (as much as possible).

If you are injured in an auto accident, contact the Law Offices of Dean Standish Perkins & Associates and speak with one of our lawyers. We offer free initial consultations to discuss your injury and advise you about pursuing a claim.

Posted in Car Accidents 


Topics:  Car Accident, Comparative Negligence, Contributory Negligence

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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