Determining Fault FAQ


When you are injured in a car accident, determining who is at fault for the accident is a legal necessity. After all, the negligent party may be held legally responsible for damages, injuries, and any pain and suffering they have caused. As such, it is imperative that you have superior legal representation from the moment you are injured. Here are some of the most frequently asked questions regarding how to determine fault in the State of Washington.

Q: Is Washington an “At Fault” State?

A: The State of Washington is known as a tort liability state or an “at fault” state. This means that the party who is responsible for the accident is also responsible for the damages and injuries their negligence has caused. If you are injured in Washington, you may choose to file a claim with your own insurance company, pursue a claim against the other driver’s insurance or go to court to seek monetary damages against the at-fault driver.

Q: I was injured in an accident in Seattle; how do I prove that the other driver was to blame?

A: There are many ways that a Seattle personal injury attorney can establish who is at fault in an accident. The police report, forensic experts, eye witnesses, photographs of the accident scene, and testimony can all help establish who the responsible party is. If you are seeking to file a personal injury lawsuit, then it is imperative that you contact an experienced Seattle personal injury lawyer immediately before valuable evidence is lost.

Q: I was injured in a single car crash when my car hit a large pot hole in the road. Can I file a lawsuit?

A: Establishing fault in the State of Washington requires that the injured party show proof of negligence. If your accident was caused by natural weather conditions or through your own negligence, then you are not able to file a lawsuit to seek monetary damages. If, however, your injuries were caused by dangerous or defective roadways, then you may be able to seek compensation by filing a claim against the municipality responsible for maintaining those roadways. An experienced Seattle personal injury lawyer can review your case to determine the appropriate legal action.

Q: What are some ways to establish fault in a Seattle car accident?

A: There are numerous ways your Seattle personal injury attorney can establish fault after a Seattle car accident. Common examples include speeding, drunk driving, texting while driving, tailgating, running a red light, etc. In some cases there may also be third parties responsible for your accident, including negligent trucking companies, municipalities, and anyone who served alcohol to a clearly intoxicated individual or underage drinker.

Seattle Personal Injury Lawyers

If you or someone you love is injured in an accident in Seattle, Bellevue, Everett, Tacoma, or throughout the State of Washington, our experienced Seattle personal injury lawyers can help. Call us at the Phillips Law Firm today for a free consultation and review of your case. Call us at 1-800-708-6000 today.