How Does Fault Affect My Accident Claim?

After a car accident, you may feel stressed, frustrated, and shaken up. Your mind may be racing, trying to remember every detail leading up to the event. Even if you think you might be partially at fault, do not say anything. The aftermath of a collision is confusing, and you do not want to say something that could come back to impact your claim. While your role in a collision could impact your ability to recover damages, do not let that stop you from seeking legal help. Your lawyer will be able to assess the claim and give you advice on your options.

Is Washington a no-fault or at-fault state?

When it comes to car accidents, Washington is an at-fault state. This means that an at-fault driver is generally held liable and required to pay for the losses from the accident. However, it is important to know that one or both drivers can be considered at fault, depending on the circumstances.

What happens if you share fault in a car accident in Vancouver, WA?

If you believe that you shared fault in a car accident in WA, an attorney can help you determine the level of fault. Many people mistakenly assume it is pointless to file a claim or seek compensation if they are partially at fault. However, there may be circumstances you are unaware of, such as defective parts in your vehicle affecting your ability to stop in time. Speaking with a lawyer about the facts and details of your accident can clarify your situation.

What is the comparative fault system?

Washington uses a comparative fault system for car accidents. This system gives individuals who are involved in a collision the right to file a claim and seek compensation for their injuries, medical bills, lost income, and pain and suffering, even if they are 99% at fault. However, depending on the degree of fault that you had in the accident, the damages that you are awarded will likely be reduced. For example, if you were involved in an accident and the court finds that you are 60% at fault and the other driver is 40% at fault, your compensation will be reduced by 60%.

How can I prove that I am not at fault for a car accident?

Fault is one of the most important elements in a car accident case because it determines liability and the amount of damages you may receive. Therefore, to strengthen your car accident claim and increase your chances of receiving the maximum amount of compensation, you will need to prove that you are not at fault for the accident. You can do this by following these five steps:

Hire a Vancouver, WA car accident attorney

One of the first steps you should take is to hire a car accident attorney. These professionals know and understand how the legal system works. Therefore, they can use their knowledge and skills to investigate and develop a clear strategy to help you prove that you are not at fault for the accident. They can also help you access and retrieve certain information that can support your side of the story. Your attorney can also negotiate on your behalf, so you do not have to talk directly to insurance companies or the opposing side.

Provide strong evidence

Some of the evidence that you can submit along with your claim are photos, surveillance footage, police reports, medical records, bills and receipts, and more. The goal of providing strong evidence is to give the insurance company or judge insight into what happened, who was at fault, and what type of injuries and damages were caused.

Ask for eyewitnesses to testify

A critical step that you can take to prove that you are not at fault is to ask your eyewitnesses to testify. An eyewitness can be a passenger, another driver, a pedestrian, a business owner, or even a bicyclist who saw your accident occur. Their statements can back up your story as well as provide additional facts about the case.

Hire expert witnesses

An expert witness is a professional with some type of experience, knowledge, or background that relates to your case. Your lawyer may hire witnesses, such as auto mechanics, to explain how factors like a defective part caused the crash. Accident reconstruction specialists may also offer valuable insight into how the crash occurred.

Limit your conversations about the accident and never admit fault

Lastly, you should limit your conversations with friends and family about the accident. You should also keep your conversations with insurance companies very brief. This ensures that you do not provide any information that can be twisted and turned and used against you later on. In addition, when speaking with anyone, the last thing you want to do is admit fault or apologize for the accident. If any details emerge in your case where you admitted any type of fault or guilt, it could jeopardize your claim.

Contact Philbrook Law today for reliable assistance

When you hire the Vancouver, WA car accident lawyers at Philbrook Law, you can have peace of mind, knowing that we will stand up and fight for your rights and the compensation you need and deserve to get back on your feet again. Our team is aware of the difficulties and challenges that car accident victims face, which is why we are dedicated to staying by your side and advocating for the justice you are rightfully owed. Regardless of whether you think you played a part in a collision, we will happily meet with you and begin discussing the potential legal options that are available to you. Call our office or submit our contact form to schedule a free, no-obligation case evaluation today.