Fault is an essential part of personal injury claims in Washington since it directly affects your final settlement. Therefore, understanding how things work if you contribute to a crash and what you can do to protect your right to fair compensation is crucial.
First, it helps to understand how the extent of your contribution to a crash or level of fault is assessed. This is usually determined through a combination of evidence, such as police reports, surveillance footage, witness statements and, sometimes, expert analysis. This information is used to assign each party a percentage of responsibility, which will determine the compensation you can recover with your claim.
Your percentage of fault will reduce your compensation
Under Washington’s pure comparative negligence rule, each party’s compensation is reduced proportionally to their level of fault. For instance, if you are 90% at fault, you can only recover 10% of your total damages. This can considerably reduce your settlement.
Do not shoulder more blame than you deserve
It’s important to ensure you are not unfairly assigned an excessive percentage of fault than your actual role in the crash. Watch what you say at the accident scene and during the claims process, as it could increase your liability. Seemingly innocent actions like apologizing to the other driver or admitting a mistake might be misinterpreted and work against you.
Remember, you can dispute an inaccurate or unfair fault assignment if you believe it does not reflect the true circumstances of the accident. This involves presenting supporting arguments and evidence challenging the initial assessment.
Seeking legal guidance can help you understand the complexities of fault determination and how the claims process works. It can go a long way in protecting your interest during settlement negotiations or even in court.