Call Us atThere are times when you may have been partially to blame for the car accident that injured you. In other cases, the insurance company may be trying to blame you because they want to save money at your expense.
Under Washington law, it is still possible to receive compensation, even if you shared in the blame for the accident. Still, you must be prepared to address any allegations the insurance company raises. An experienced car accident lawyer at Libbey Law Offices, LLC can evaluate your claim and challenge comparative negligence in Bothell car accident claims.
How Comparative Negligence Works
In Bothell, comparative negligence is the legal principle used to allocate fault and financial responsibility in personal injury cases, including car accidents, slip-and-fall incidents, and other negligence-based claims. Pursuant to RCW § 4.22.005, Washington follows a pure comparative negligence system, meaning each party may be assigned a percentage of fault, and a claimant’s recovery is reduced by their share of responsibility rather than barred entirely.
Under this system, the amount of compensation a plaintiff can recover is reduced by their share of fault. For example, if a plaintiff is 30 percent responsible for an accident and total damages are $100,000, their recovery will be reduced to $70,000.
Comparative negligence allows for shared liability, ensuring partially at-fault plaintiffs can recover damages, unlike contributory negligence systems that may bar recovery entirely. Because determining fault percentages can be disputed, consulting a car accident attorney in Bothell is important to gather evidence, negotiate with insurers, and ensure recovery fairly reflects fault and damages.
Examples of Comparative Negligence for Drivers
Here are common examples of comparative negligence for drivers in Bothell, showing how a driver’s own actions can partially contribute to an accident and reduce their recovery under comparative negligence laws:
- Speeding: A driver who exceeds the speed limit may be found partially at fault even if another driver caused the collision, because speeding reduces reaction time and increases impact severity.
- Distracted Driving: Using a phone, adjusting navigation, or eating while driving can lead to shared fault if distraction contributes to the crash.
- Failure to Yield: A driver who fails to yield at an intersection or while merging may share liability with another negligent driver.
- Following Too Closely: Rear-end collisions often involve comparative negligence when the following driver did not maintain a safe stopping distance.
- Improper Lane Changes: Changing lanes without signaling or checking blind spots can assign partial fault, even if the other driver was also negligent.
Under comparative negligence laws, these shared-fault findings reduce a driver’s financial recovery in proportion to their assigned percentage of responsibility for the accident.
The Insurance Company May Try to Blame You for the Accident
Even if the insurance cannot avoid paying you entirely, they may still try to find a way to partially blame you for the accident because it can reduce the amount of money that they need to pay you. It is important that you counter the insurance company’s allegations with evidence of your own that shows what you did prior to the accident and your own side of the story. Otherwise, the insurance company can successfully cut the amount of compensation that you are eligible to receive.
A car accident lawyer can gather evidence as part of their investigation that can clear your name from insurance company allegations. If the insurance company will not back down from its allegations, you may need to take your case to court and let a jury decide the matter.
Contact an Accident Attorney to Discuss Comparative Negligence in Your Bothell Car Accident Claim
If you suffered an injury in a car accident in Bothell, you do not have to handle the legal process alone. A car accident attorney at Libbey Law Offices, LLC can help protect your rights, handle insurance companies, and pursue the full compensation you deserve.
Do not let comparative negligence in car accident claims or insurance tactics reduce your recovery. Contact Libbey Law Offices, LLC today to schedule a consultation and take the first step toward justice and financial recovery.
