Whether you were in a rear-end collision on I-5, a T-bone at a busy Seattle intersection, or a sideswipe on a multi-lane road, the specific dynamics of the crash set the stage for your entire insurance claim.
Each type of accident presents a unique set of challenges. Proving who is responsible in a lane-change accident, for example, is very different from a rear-end crash, where the fault is usually more straightforward. But in Washington, every single case is complicated by a legal concept known as "pure comparative negligence." This is a rule that allows you to be found partially at fault, which reduces the compensation you receive.
The at-fault driver's insurance company will use the details of your collision to try and shift as much of that blame as possible onto you. Their goal is to protect their bottom line. Our role at Pendergast Law is to build a case that protects you from this, using the evidence to show exactly how the other driver was responsible for your injuries.
If you have questions about your accident and what it means for you, call Pendergast Law for a straightforward conversation. Our number is (206) 620-0707.
Key Takeaways for Washington Car Accident Claims
- Washington's comparative negligence rule allows insurers to reduce your payment. Even if you are only found 1% at fault for a collision, the insurance company will decrease your compensation by that same percentage.
- The type of collision determines the evidence needed to prove fault. An attorney helps gather specific evidence, such as traffic camera footage for T-bone accidents or expert analysis for head-on collisions, to build a strong case.
- Always seek prompt medical and legal advice after an accident. Delaying hurts your health and your claim, as evidence disappears and insurance companies use the delay to devalue your injuries.
How Washington's "Pure Comparative Negligence" Law Impacts Every Accident Claim
As mentioned, the state follows a rule called "pure comparative negligence." This law says that you recover compensation even if you were partially to blame for the accident.
On the surface, this system sounds fair. But it creates a significant problem for injured victims. It gives the other driver’s insurance company a powerful financial incentive to find any reason, no matter how small, to blame you. They will conduct a thorough investigation, looking for any evidence to argue that you contributed to the crash.
If they convince a claims adjuster or a jury that you were partially responsible, they legally reduce the amount they have to pay you by that percentage. This happens even if you were the one who was seriously injured and the other driver was clearly more at fault.
This is why understanding the common types of car accidents is a key part of the process. We use the specific evidence from your collision—the point of impact, the vehicle damage, witness statements, and police reports—to build a strong, clear narrative of what really happened. Our job is to present the facts in a way that demonstrates the other party’s negligence and powerfully counters any attempt to place unfair blame on you. We manage the investigation and all communication with the insurance company, protecting your right to pursue the maximum compensation available under the law.
Rear-End Collisions: More Than Just a Fender Bender
Rear-end collisions are among the most frequent types of accidents, especially on the congested highways around Seattle, like I-5 and I-405. There is a general presumption in these cases that the rear driver is at fault for following too closely or not paying attention. However, this is not automatic, and insurance companies will look for ways to challenge it.
The most common injuries in these crashes are to the soft tissues of the neck and back, a condition widely known as whiplash. The pain and stiffness from these injuries are frequently delayed, sometimes not appearing for days or even weeks after the accident. Insurance adjusters are well aware of this. They may contact you quickly after the crash and push for a fast, low settlement before you even know the full extent of your injuries.
They might also try to shift blame by arguing that you stopped suddenly for no reason, or that your brake lights were not working. These arguments are designed to trigger the comparative negligence rule and reduce what they owe you.
The Bottom Line
Get a medical evaluation after a rear-end collision, even if you feel fine. We work closely with you and your doctors to carefully document how your injuries are affecting your daily life. At the same time, we gather the police report, photos from the scene, and witness information to firmly establish the other driver's negligence and resist any attempts to blame you for what happened.
T-Bone (Side-Impact) Accidents: Who Had the Right-of-Way?
T-bone accidents, also called side-impact collisions, frequently happen at intersections when one vehicle strikes the side of another. Because the side of a vehicle offers very little protection compared to the front or rear, the person who is struck suffers serious injuries to the head, chest, and pelvis.
The central legal issue in these cases always comes down to one question: who had the right-of-way? The other driver will almost always claim they had the green light or that you failed to yield. Without clear, objective evidence, the case devolves into a "he said, she said" argument. In these situations, an insurance company may try to assign partial fault to both drivers or, in some cases, deny the claim entirely.
Proving fault requires a prompt and thorough investigation to uncover hard evidence.
- Traffic Camera Footage: We immediately send requests to the city, county, and any nearby businesses to preserve surveillance footage that may have captured the intersection at the time of the crash.
- Witness Statements: Independent witnesses who have no stake in the outcome are invaluable. We work to locate and interview anyone who saw what happened to get an unbiased account of events.
- Accident Reconstruction: In cases involving serious injuries, we may bring in accident reconstruction professionals. These individuals analyze vehicle damage, skid marks, and debris fields to scientifically determine vehicle speeds, angles of impact, and who violated the right-of-way.
Head-On Collisions: The Devastating Consequences of a Direct Impact
Although they are less common than other types of car accidents, head-on collisions are among the most severe. The combined force of two vehicles moving toward each other creates a massive impact that results in catastrophic injuries or fatalities.
These crashes are frequently caused by drivers who engage in extremely reckless behavior, such as driving while intoxicated, texting, falling asleep at the wheel, or attempting to pass on a two-lane road. Proving this level of negligence is a key part of the claim. Another major challenge is insurance policy limits. The medical bills and long-term care costs associated with injuries from these accidents quickly drain the at-fault driver's insurance coverage, leaving you with unpaid expenses.
When we handle these cases, our investigation extends far beyond the accident scene. We may subpoena cell phone records to check for distracted driving or look for bar receipts to see if a drunk driver was over-served. Our primary goal is to identify all possible sources of compensation to ensure your needs are met. This includes:
- The at-fault driver's insurance policy.
- Your own Underinsured Motorist (UIM) coverage, which is used when the other driver's limits are too low.
- A third party, such as a bar that served an obviously intoxicated person who then caused the crash.
When a life is lost in such a senseless way, we help grieving families pursue a wrongful death claim. This legal action seeks compensation not only for the financial losses but also for the loss of companionship and support, providing a measure of security for their future.
Sideswipe and Lane-Change Accidents: Proving a Moment of Negligence
A sideswipe accident occurs when a driver drifts out of their lane and makes contact with the side of a vehicle traveling in the same direction. These collisions are caused by a moment of inattention: checking a text, adjusting the radio, or failing to check a blind spot before changing lanes.
Fault is surprisingly difficult to prove in these cases. Both drivers commonly believe they were safely in their own lane and that the other driver was the one who crossed over the line. If there isn't an independent witness or a police report that clearly assigns fault, an insurance company has an opening to argue that you are at least partially responsible, or even to deny the claim.
Solid evidence is the only way to resolve these disputes. Dashcam footage is one of the best tools for showing exactly what happened. If you do not have it, we look for other clues. By examining the location and nature of the damage on both cars, we determine the angle of the impact and how the two vehicles came together. We also look for witnesses who may have seen one driver weaving or driving erratically in the moments before the collision.
Accidents Involving Pedestrians, Bicyclists, and Motorcyclists
In dense urban areas like Seattle, and throughout King County, our roads are shared with pedestrians, bicyclists, and motorcyclists. These individuals are especially vulnerable. When they are struck by a several-thousand-pound vehicle, they have no protection, and the resulting injuries are almost always severe.
Unfortunately, insurance companies sometimes attempt to blame the victim in these accidents. They may argue that a pedestrian was jaywalking, a bicyclist was not visible enough, or a motorcyclist was driving recklessly. An unfair bias exists against motorcyclists in particular, which adjusters may use as leverage to reduce a settlement offer.
Our work in these cases focuses on overcoming these biases with facts. We use Washington's traffic laws to show that drivers have a heightened duty of care to watch for vulnerable road users. We gather the evidence needed to demonstrate what the driver did wrong and to show the true, life-altering impact the injuries have had on our client’s life.
Frequently Asked Questions About Washington Car Accidents
Do I have to report a car accident in Washington?
Yes. If police do not respond to the scene, you are legally required to file a Vehicle Collision Report with the Washington State Patrol within 24 hours of any accident that results in injury, death, or property damage of $1,000 or more to any one person's property.
How long do I have to file a car accident lawsuit in Washington?
In Washington, the statute of limitations for most personal injury claims is three years from the date of the accident. While that may seem like a long time, we advise beginning the process much sooner. Over time, evidence is lost and witnesses' memories fade, which makes it more difficult to build a strong case.
What if the at-fault driver doesn't have insurance?
If you have Uninsured/Underinsured Motorist (UIM) coverage as part of your own auto insurance policy, you make a claim with your own insurance company. This coverage is designed for this exact situation. We help you file this claim and ensure your own insurer treats you fairly.
Should I give a recorded statement to the other driver's insurance company?
We advise against giving a recorded statement without first speaking to an attorney. The insurance adjuster is trained to ask questions designed to get you to say something that could be used to devalue your claim later on. Have an attorney handle all communications with the other driver's insurance company on your behalf.
What is my car accident claim worth?
The value of any claim depends on many unique factors. These include the total cost of your past and future medical bills, the amount of income you have lost from being unable to work, and the severity and permanence of your injuries. The compensation for physical pain and emotional suffering, called "non-economic damages," also plays a large role. Every case is different, and an honest valuation is only possible after a thorough review of the facts.
The Type of Crash Matters, But Your Next Steps Matter More
The moment an accident is reported, the insurance company begins its own investigation. They have a team of adjusters and lawyers working to protect their financial interests. You deserve to have someone on your side, dedicated to protecting yours.
Let our team at Pendergast Law manage the legal process so you can focus on your health and your family.
For a straightforward explanation of your rights and options, call Pendergast Law today at (206) 620-0707.