Being involved in an auto accident can be a traumatic experience, leaving you with not only physical injuries but also the burden of dealing with insurance companies. Insurance companies are known for their complex processes and tactics aimed at minimizing their payouts. To ensure you receive fair compensation for your injuries and damages, it’s crucial to understand how to navigate the negotiation process effectively. In this blog post, we will provide key tips for negotiating with insurance companies after an auto accident, specifically tailored to the residents of Washington State.

Seek Immediate Medical Attention

The first and most important step after an auto accident is to seek immediate medical attention. Your health and well-being should always be the top priority. Prompt medical care not only ensures a proper diagnosis and treatment but also documents your injuries, providing crucial evidence for your insurance claim.

Document Everything

Accurate documentation is essential when negotiating with insurance companies. Keep detailed records of all accident-related expenses, including medical bills, vehicle repairs, towing charges, car rental fees, and any other out-of-pocket expenses. Additionally, take photographs of the accident scene, property damage, and visible injuries. This evidence will strengthen your claim and support your negotiation efforts.

Don’t Provide a Recorded Statement Without Legal Advice

Insurance adjusters often request recorded statements soon after an accident. While it may seem harmless, providing a recorded statement without legal advice can be detrimental to your case. Insurance adjusters are trained to use your statements against you, potentially minimizing or denying your claim. Consult an experienced auto accident attorney, such as Washington Auto Law, before giving any recorded statements.

Be Cautious of Early Settlement Offers

Insurance companies may make early settlement offers to quickly resolve the claim for a lower amount than you deserve. These offers are often far below the actual value of your damages and injuries. It’s crucial to consult an attorney who specializes in personal injury law to assess the true worth of your claim and negotiate on your behalf.

Understand Comparative Negligence Laws

In Washington State, comparative negligence laws may affect the outcome of your claim. If you are found partially at fault for the accident, your compensation may be reduced proportionately. Insurance companies may try to shift blame onto you to minimize their liability. Understanding these laws and having a skilled attorney by your side will help protect your rights and ensure fair compensation.

Avoid Social Media Activity

Insurance companies may monitor your social media activity to gather evidence against your claim. Therefore, it’s advisable to avoid posting any details or images related to your accident or injuries on social media platforms. Insurance adjusters may attempt to use this information to downplay the severity of your injuries or question the accident’s circumstances.

Consult an Experienced Auto Accident Attorney

Navigating the complexities of negotiating with insurance companies after an auto accident can be overwhelming, especially while you’re recovering from injuries. Seeking legal representation from a reputable law firm like Washington Auto Law can provide invaluable guidance and expertise throughout the negotiation process. Their experienced attorneys understand Washington State’s laws and have a proven track record of successfully advocating for their clients’ rights.

Conclusion

Negotiating with insurance companies after an auto accident requires diligence, patience, and expert guidance. By following these key tips, including seeking immediate medical attention, documenting everything, and consulting an experienced auto accident attorney, such as Washington Auto Law, you can protect your rights and increase your chances of receiving fair compensation. Remember, the recovery guarantee at Washington Auto Law ensures that you pay no fee unless they win your case. For more information, schedule a free consultation online or call us at 206-497-4357.

Remember, your health and well-being should always come first. Consult with legal professionals for personalized advice tailored to your unique situation.

Car accidents can be overwhelming and chaotic experiences, often leaving victims unsure of what steps to take next. If you’ve been involved in a car accident in Washington State, it’s crucial to know the proper procedures to protect yourself and your rights. This step-by-step guide provided by Washington Auto Law will help you navigate the aftermath of a car accident and ensure you take the necessary actions to protect your well-being and seek compensation for your injuries.

Step 1: Safety First

The immediate aftermath of a car accident can be dangerous, so prioritize safety above all else. If possible, move your vehicle to a safe location away from traffic. Turn on your hazard lights and use flares or cones if available to warn other drivers. If anyone is injured, call 911 immediately for medical assistance.

Step 2: Contact the Authorities

Contacting the police is crucial, regardless of the severity of the accident. A police report will document the details of the accident, which can be invaluable for insurance claims and legal proceedings. Cooperate with the responding officer and provide an accurate account of what transpired.

Step 3: Gather Information

Exchange information with the other party involved in the accident. Obtain their name, contact details, driver’s license number, insurance information, and vehicle registration. Additionally, gather contact information from any witnesses present at the scene. Take photos of the accident scene, including vehicle damage, injuries, road conditions, and any contributing factors.

Step 4: Seek Medical Attention

Even if you believe your injuries are minor, it’s essential to seek medical attention as soon as possible. Some injuries may not be immediately apparent but can worsen over time. A medical professional will document your injuries and provide the necessary treatment. Retaining all medical records and receipts is crucial for your personal injury claim.

Step 5: Notify Your Insurance Company

Report the accident to your insurance company promptly. Provide them with accurate details of the accident while avoiding accepting fault or speculating on the extent of your injuries. Remember, insurance companies are businesses, and their primary goal is to minimize payouts. Consult with an experienced personal injury attorney to ensure you don’t inadvertently say anything that could jeopardize your claim.

Step 6: Consult with a Personal Injury Attorney

Hire personal injury attorneys Washington Auto Law, who will protect your rights and maximize your compensation. Washington Auto Law will guide you through the legal process, negotiate with insurance companies on your behalf, gather evidence, and build a strong case. They will fight for fair compensation for your medical expenses, lost wages, pain and suffering, and other damages you may be entitled to.

Step 7: Preserve Evidence

Preserving evidence is crucial for building a strong case. Save all accident-related documents, such as police reports, medical records, repair estimates, and insurance correspondence. Keep a record of all expenses incurred as a result of the accident, including medical bills, transportation costs, and lost wages.

Conclusion

Experiencing a car accident can be a traumatic and overwhelming experience, but following these steps can help protect your rights and ensure you take the necessary actions to seek compensation for your injuries. Remember, consulting with an experienced personal injury attorney like Washington Auto Law can significantly enhance your chances of receiving a fair settlement. By understanding the proper procedures and having a dedicated legal advocate by your side, you can focus on recovering from your injuries while your attorney fights for the compensation you deserve.

If you’ve been injured in a car accident in Washington State, contact Washington Auto Law today to schedule a free consultation and discuss your legal options. Our experienced team is committed to helping accident victims navigate the complexities of personal injury claims and obtain the justice they deserve.

Understanding the nuances of auto accident laws in the State of Washington can be a daunting task. Washington Auto Law, a leading personal injury firm, aims to shed light on this critical area for residents who have unfortunately found themselves in such situations.

Pure Comparative Fault

Washington State follows the ‘pure comparative fault’ rule in auto accident cases. This rule means you can still recover damages in an accident even if you’re found partly at fault. However, your compensation will be reduced by your percentage of fault. For example, if you’re 30% at fault and the total damage is $100,000, you will receive $70,000 after the reduction.

Statute of Limitations

In Washington, the statute of limitations for personal injury cases, including auto accidents, is three years from the date of the accident. Missing this deadline usually means losing your right to file a lawsuit for your injuries, so timely action is critical.

Liability Insurance

The state law also requires all drivers to have liability insurance. The minimum coverage required is $25,000 for injuries or death to one person, $50,000 for injuries or death per accident, and $10,000 for property damage.

Washington is NOT a No-Fault State

One frequently misunderstood aspect of Washington’s auto accident laws is the concept of a “no-fault” state. Contrary to what the term implies, Washington is NOT a no-fault state. Instead, it’s an “at-fault” or “tort” state, meaning the driver who caused the accident is responsible for the damages.

When it comes to handling auto accident claims, having the right legal team by your side can make a world of difference. As experienced personal injury attorneys, Washington Auto Law is committed to helping you navigate the complex legal landscape. Our team will help you understand your rights, gather necessary evidence, liaise with insurance companies, and fight for the compensation you deserve.

Remember, the aftermath of a car accident can be a confusing and overwhelming time. Knowing and understanding Washington auto accident laws can significantly aid in your recovery process.

Whether you’re at fault or a victim, it’s vital to consult with a personal injury attorney to ensure your rights are protected. Washington Auto Law has a team of seasoned professionals who specialize in auto accidents, ensuring that you get the best representation and the highest possible compensation.

In conclusion, the key to dealing with any auto accident is preparedness and timely action. Understand the laws, know your rights, and consult with a professional if you find yourself in such an unfortunate situation. Washington Auto Law is always here to provide you with the guidance you need. Contact us today for a free consultation.

Note: This blog post provides general information and should not be taken as legal advice. For advice on your specific situation, please consult a personal injury attorney.

The immediate aftermath of a car accident can be a whirlwind of confusion and stress. In those moments, your priority is your safety and well-being. But as time passes, another crucial factor comes into play—your legal rights. If you’ve been injured in an auto accident in Washington State, proving what happened is key to securing the compensation you deserve. That’s where having a personal injury lawyer on your side makes all the difference. 

At Washington Auto Law, we understand how vital strong evidence is in building a solid case. Without it, insurance companies may try to minimize or even deny your claim. Below, we’ll break down why evidence is so important, the types of proof that strengthen your case, and how our legal team works to secure the compensation you’re entitled to. 

Why Do You Need a Lawyer After a Car Accident? 

Car accidents often lead to significant physical, emotional, and financial burdens. Medical bills, lost wages, and ongoing pain can add stress to an already difficult situation. Unfortunately, insurance companies don’t always make the process easy. Their goal is to settle claims quickly and for as little as possible—often at the expense of accident victims like you. 

This is why having an experienced personal injury lawyer matters. Here’s how legal representation helps: 

• Insurance companies are not on your side. Adjusters may pressure you into accepting a low settlement or use statements against you. A lawyer ensures your rights are protected. 
• Legal procedures can be complicated. Washington State has strict laws regarding personal injury claims, and missing a deadline could cost you your case. 
• Proper evidence collection is crucial. Without key evidence, your claim may be undervalued or denied. A lawyer helps gather and present compelling proof. 

At Washington Auto Law, our team fights for accident victims to ensure they are not taken advantage of. We build strong cases backed by solid evidence so that insurance companies take your claim seriously. 

The Role of Evidence in Your Car Accident Case 

When it comes to auto accident personal injury claims, evidence is everything. The strength of your case—and the amount of compensation you receive—depends largely on the proof you provide. Without it, even the most valid claims can face unnecessary challenges. 

Why Is Evidence So Important? 

1. Proves liability – Evidence helps establish who was at fault for the accident. 
2. Validates your injuries – Medical records and expert testimony confirm the extent of your injuries.
3. Justifies compensation – Proof of damages, such as medical bills and lost wages, supports your claim for financial recovery.  

The sooner evidence is collected, the better. Memories fade, physical evidence disappears, and witnesses become harder to track down. That’s why our legal team moves swiftly to gather the proof needed to build a compelling case on your behalf. 

Key Types of Evidence That Strengthen Your Case 

Not all evidence carries the same weight. The more detailed and well-documented your proof, the stronger your claim. Below are the most critical types of evidence used in car accident cases: 

1. Photographs and Video Footage 

Visual evidence can be one of the most powerful tools in proving your case. If possible, take clear photos and videos of: 

• The accident scene, including road conditions and traffic signs 
• Vehicle damage and debris from the crash 
• Your visible injuries immediately after the accident 

Many intersections and businesses have surveillance cameras that may have captured the crash. Our team can help obtain this footage before it is erased. 

2. Police Reports 

Washington State law requires drivers to report accidents involving injuries, fatalities, or significant property damage. A police report provides an official, third-party account of the incident. It typically includes: 

• Statements from both drivers and witnesses 
• The officer’s observations and assessment of the fault 
• Any citations issued for traffic violations 

A police report is one of the first documents insurance companies review when evaluating claims. 

3. Medical Records 

Your medical records serve as direct proof of the injuries you sustained in the crash. These records document: 

• Emergency room visits and hospital stays 
• Diagnoses from doctors and specialists 
• Treatment plans, surgeries, and physical therapy sessions 

Even if you feel fine after an accident, it’s crucial to see a doctor immediately. Some injuries, like whiplash or concussions, may not show symptoms right away. A delay in seeking treatment can give insurance companies an excuse to downplay your injuries. 

4. Witness Statements 

Third-party witnesses provide unbiased accounts of the accident. If possible, collect names and contact information from anyone who saw what happened. Their testimony can: 

• Corroborate your version of events 
• Help clarify details you may have missed 
• Provide valuable insight into how the accident unfolded 

Our legal team can follow up with witnesses to secure official statements for your case. 

5. Expert Testimony 

In some cases, we work with accident reconstruction experts who analyze vehicle damage, skid marks, and crash dynamics to determine exactly how the accident happened. Medical professionals may also provide expert testimony on the severity of your injuries and future medical needs. 

How Washington Auto Law Builds a Strong Case for You 

At Washington Auto Law, we take a thorough and proactive approach to gathering evidence. From the moment you contact us, we get to work: 

1. Investigating the accident scene – We collect photographs, traffic camera footage, and police reports to reconstruct the accident. 
2. Gathering medical documentation – We obtain detailed medical records and consult with doctors to understand the full impact of your injuries. 
3. Interviewing witnesses – Our team speaks with eyewitnesses and expert professionals to support your case. 
4. Handling insurance negotiations – We use the evidence we’ve gathered to push back against lowball settlement offers. 
5. Preparing for trial if necessary – If the insurance company refuses to offer fair compensation, we are fully prepared to take your case to court. 

We understand that dealing with a car accident is overwhelming. That’s why we handle the legal work, so you can focus on your recovery. 

Get the Compensation You Deserve – Contact Washington Auto Law Today 

If you’ve been injured in a car accident in Washington State, having strong evidence can make or break your case. Insurance companies will do everything they can to minimize their payout, but with the right proof—and an experienced legal team—you can fight back. 

At Washington Auto Law, we are committed to securing the compensation you need to recover fully. Don’t leave your future in the hands of insurance adjusters—let us advocate for you. Contact us today for a free consultation and take the first step toward justice. 

☎ Call us now at 206-497-4357 

📅 Schedule a free consultation https://waautolaw.com/free-legal-consultation/ 

Disclaimer: This blog provides general information and is not intended as legal advice. Consult a professional attorney for guidance specific to your case. 

At Washington Auto Law, we understand that being involved in an auto accident can be a confusing and overwhelming experience. Whether it’s a minor fender bender or a serious collision, the aftermath often leaves victims with physical injuries, emotional distress, and financial burdens. It’s crucial to know your rights and responsibilities to protect yourself and ensure a smooth road to recovery. We’ve put together this comprehensive guide to help auto accident victims in Washington navigate their path to justice and compensation. 

Immediate Steps to Take After an Accident 

The immediate aftermath of an accident can be chaotic, but staying calm and taking the right steps is essential. First and foremost, prioritize your safety and the safety of others involved. If possible, move the vehicles to a safe location to avoid further collisions. If someone is injured, avoid moving them unless it’s necessary to prevent further harm. Call emergency services to report the accident and request medical assistance if needed. 

Accurately documenting the incident is critical. Take clear photographs of the accident scene, vehicle damage, road conditions, and any visible injuries. If there were witnesses, gather their contact information as their statements may support your case later. Exchange insurance and contact details with the other party involved, and ensure you gather their driver’s license information and vehicle registration. 

In Washington State, notifying the police is mandatory for any accident involving injury, death, or property damage exceeding $1,000. The police report serves as an official record of the incident, which can be an essential piece of evidence in your claim. Additionally, you must file a Collision Report with the Washington State Department of Transportation within four days of the accident if law enforcement does not complete one. Failure to report the accident could result in a citation and may complicate your ability to file an insurance claim or lawsuit. 

Understanding Washington’s Pure Comparative Fault Rule 

Washington operates under a pure comparative fault system, which can significantly impact the outcome of your claim. This rule means that the compensation you receive can be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. 

This rule is designed to ensure that each party is held accountable for their role in causing the accident. However, it also means that insurance companies or the other driver’s legal team may try to shift as much blame onto you as possible to reduce the amount they have to pay. Having strong evidence, such as photographs, witness statements, and police reports, is critical to minimizing your assigned fault percentage. 

For instance, consider a scenario where a driver runs a red light and hits your car, but you were driving slightly above the speed limit. The insurance company might argue that your speeding contributed to the accident. In such cases, your compensation will be adjusted based on the degree of fault assigned to you. Working with an experienced attorney can help ensure that fault is assigned fairly and that your compensation is maximized. 

Your Rights as an Auto Accident Victim 

As an auto accident victim in Washington, you have several rights designed to protect you and ensure you are fairly compensated for your losses. These include: 

• Compensation for Medical Expenses: You are entitled to recover the cost of medical treatments related to the accident, including hospital bills, doctor visits, physical therapy, prescription medications, and any necessary long-term care. 
• Reimbursement for Lost Wages: If your injuries prevent you from working temporarily or permanently, you can seek compensation for your lost income. This includes not only your regular wages but also bonuses, commissions, and other income opportunities you may have missed. 
• Damages for Pain and Suffering: Beyond financial losses, you have the right to seek compensation for non-economic damages, such as physical pain, emotional distress, mental anguish, and loss of enjoyment of life. 
• Property Damage: You can claim the cost of repairing or replacing your vehicle and any other personal property damaged in the accident. 
• Personal Injury Protection (PIP): Washington is a no-fault state when it comes to PIP insurance. Regardless of who caused the accident, your own insurance company is required to cover your medical expenses up to your policy limit. PIP can also cover lost wages and funeral expenses in some cases. 

Understanding these rights is crucial in ensuring that you don’t settle for less than you deserve. Insurance companies may attempt to downplay the severity of your injuries or the value of your claim. Knowing what you are entitled to can make all the difference in securing fair compensation. 

Dealing With Insurance Companies 

Insurance companies are profit-driven businesses, and their goal is often to minimize the amount they pay in claims. After an accident, you may receive a quick settlement offer that seems appealing, especially if you’re dealing with mounting medical bills and lost income. However, these initial offers are often far below the actual value of your claim. 

Before accepting any offer, it’s vital to consult with an experienced personal injury attorney. Your attorney can help you accurately calculate the full extent of your damages, including future medical expenses, lost earning capacity, and non-economic damages like pain and suffering. With this information, they can negotiate with the insurance company on your behalf to secure a fair settlement. 

For example, if you suffered a neck injury that requires long-term physical therapy, the insurance company may only offer to cover your immediate medical expenses. An attorney can ensure that the settlement reflects the ongoing costs associated with your injury. 

Additionally, be cautious about providing recorded statements to insurance adjusters without legal representation. These statements can be used against you to reduce your claim. Always consult with an attorney before discussing the details of the accident or your injuries with the insurance company. 

Statute of Limitations for Auto Accident Claims 

In Washington, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. This means you must file your claim within this time frame, or you may lose your right to seek compensation. 

While three years may seem like a long time, it’s important to act promptly. Gathering evidence, negotiating with insurance companies, and building a strong case can be time-consuming. Delays can also lead to key evidence being lost or witnesses becoming unavailable. 

For instance, if you wait too long to file your claim, the other party might argue that your injuries were not related to the accident or that you failed to mitigate your damages. Acting quickly ensures that your case is as strong as possible and that you have the best chance of receiving fair compensation. 

Why Legal Representation Matters 

Navigating the aftermath of an auto accident can be complex and overwhelming, especially when dealing with insurance companies, medical bills, and legal deadlines. Hiring an experienced personal injury attorney can provide you with the guidance and support you need during this challenging time. 

An attorney can: 

• Investigate the accident to determine fault and gather evidence to support your claim. 
• Handle all communication and negotiations with insurance companies to protect your interests. 
• Accurately calculate your damages to ensure you receive fair compensation. 
• Represent you in court if a fair settlement cannot be reached. 

For example, if the insurance company disputes the severity of your injuries, an attorney can work with medical experts to provide evidence of your condition and its impact on your life. This can strengthen your case and increase the likelihood of a favorable outcome. 

Proactive Steps to Protect Yourself After an Accident 

While no one expects to be involved in a car accident, being prepared can make a significant difference in protecting your rights and ensuring a smooth recovery process. Here are some proactive steps to take: 

1. Review Your Insurance Policy: Familiarize yourself with the coverage provided by your policy, including PIP, uninsured/underinsured motorist coverage, and liability limits. 
2. Keep an Emergency Kit in Your Vehicle: Include items like a first-aid kit, flashlight, pen and paper, and a copy of your insurance information. 
3. Know What to Say at the Scene: Avoid admitting fault or making statements that could be interpreted as accepting responsibility. Stick to the facts when speaking with the other driver and the police. 
4. Seek Medical Attention Promptly: Even if you feel fine after the accident, some injuries may not become apparent until days or weeks later. A medical evaluation can ensure that any injuries are documented and treated promptly. 
5. Consult an Attorney Early: The sooner you seek legal advice, the better prepared you will be to handle the claims process and protect your rights. 

Conclusion 

This guide provides a detailed overview of your rights and responsibilities as an auto accident victim in Washington. From understanding the pure comparative fault rule to dealing with insurance companies and meeting legal deadlines, there are many factors to consider when pursuing a claim. 

At Washington Auto Law, we specialize in representing auto accident victims and fighting for their rights. We’re committed to providing personalized, compassionate, and effective legal representation to help you recover physically, emotionally, and financially. 

If you or a loved one has been injured in an auto accident in Washington, don’t hesitate to contact us for a free consultation. Let us guide you through this difficult time and help you secure the compensation you deserve. or informational purposes only and does not constitute legal advice. Please consult with a lawyer for advice specific to your situation.

Can You Claim Workers’ Compensation After a Car Accident in Washington State?

Car accidents can happen to anyone at any time, and they can result in serious injuries that can impact a person’s ability to work. For individuals who commute to work by car, the risk of being involved in a car accident is even higher. When a person is injured in a car accident while commuting to work, they may wonder whether they are eligible to claim workers’ compensation benefits in the state of Washington.

Washington state has specific laws and regulations related to workers’ compensation benefits. These benefits are designed to provide financial support to employees who are injured on the job or develop a work-related illness. Generally, workers’ compensation benefits are available to employees who suffer an injury or illness while performing their job duties.

However, the rules surrounding workers’ compensation benefits and car accidents can be a bit complicated. In Washington state, employees who are injured in a car accident while commuting to work are generally not eligible for workers’ compensation benefits. This is because the injury did not occur during the course of employment or while the employee was performing their job duties.

Exceptions to the Rule

There are a few exceptions to this general rule. For example, if an employee was driving a company car or was traveling as part of their job duties when the accident occurred, they may be eligible for workers’ compensation benefits. Similarly, if an employee was required to use their personal vehicle for work-related purposes and was injured in an accident, they may be eligible for workers’ compensation benefits.

It’s also important to note that just because a person is not eligible for workers’ compensation benefits does not mean they cannot seek compensation for their injuries. If another driver was at fault for the accident, the injured person may be able to pursue a personal injury claim against that driver. In a personal injury claim, the injured person can seek compensation for medical expenses, lost wages, and other damages related to their injuries.

If you have been injured in a car accident while commuting to work in Washington state, it’s important to consult with an experienced personal injury attorney. An attorney can help you understand your legal rights and options and can guide you through the process of seeking compensation for your injuries.

While employees who are injured in car accidents while commuting to work are generally not eligible for workers’ compensation benefits in Washington state, there may be exceptions to this rule. If you have been injured in a car accident while commuting to work, it’s important to speak with an experienced attorney who can help you understand your legal options and pursue compensation for your injuries.

Get the Justice You Deserve with Washington Auto Law

Welcome to Washington Auto Law, a personal injury law firm dedicated to helping those who have been injured in auto accidents in Washington State. Our team of experienced attorneys understands the complexities of personal injury cases, and we are committed to providing our clients with the best possible representation.

One of the most devastating types of auto accidents is a pedestrian accident. Pedestrians have little protection when struck by a vehicle, and injuries can be severe, even fatal. If you or a loved one has been injured in a pedestrian accident, our attorneys are here to help.

Pedestrian Accident Statistics in Washington State

According to the Washington State Department of Transportation, pedestrian accidents are on the rise in Washington State. In 2019, there were 108 fatal pedestrian accidents in the state, up from 94 in 2018. Additionally, there were 2,107 non-fatal pedestrian accidents in 2019, up from 1,989 in 2018.

Causes of Pedestrian Accidents

Pedestrian accidents can occur for a variety of reasons. Some of the most common causes include:

• Distracted driving
• Speeding
• Failure to yield to pedestrians in crosswalks
• Driving under the influence of drugs or alcohol
• Poor lighting or visibility
• Driver fatigue

If you have been injured in a pedestrian accident, it is important to speak with an experienced personal injury attorney who can help you understand your legal rights and options.

How Washington Auto Law Can Help

At Washington Auto Law, we have a proven track record of success in representing clients who have been injured in pedestrian accidents. Our attorneys will work tirelessly to help you get the compensation you deserve for your injuries, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Rehabilitation costs
• Future medical expenses
• Lost earning capacity

You can seek compensation from the at fault driver’s insurance and from your own auto insurance, even if it is a hit and run incident.

Contact Washington Auto Law Today

If you or a loved one has been injured in a pedestrian accident, don’t wait to get the help you need. Contact Washington Auto Law today to schedule a free consultation with one of our experienced attorneys. We are here to help you get the compensation you deserve for your injuries, so you can focus on your recovery. Give us a call today for a free consultation 206-497-HELP (4357).

Watch out Seattle, here comes Zoox. Zoox is Amazon’s autonomous car startup. The Seattle Times recently reported that Amazon self-driving cars are coming to Seattle and will begin testing its self-driving car prototypes in the city in the coming months. But what happens when an Amazon self-driving car causes an accident that damages property, or severely injures or kills someone? 

Early Warning Signs:

Accidents caused by Amazon self-driving cars are expected, because self-driving vehicles are particularly bad at recognizing pedestrians and bikes. This reality was violently demonstrated in 2018 when a self-driving Uber vehicle struck and killed a pedestrian in Arizona during a test drive. Documents later released by the National Transportation Safety Board showed Uber had not programmed the car to anticipate jaywalkers. Last month, a video circulated widely on social media that showed a Tesla operating in still-under-development autopilot mode careening towards pedestrians blocks away from Amazon’s Seattle headquarters.

Who Is Responsible for the Accident? 

What happens when the technology fails? Or, what if one of these driverless cars has been involved in an auto accident? Should the person sitting in the driver’s seat be at-fault when they were not actually driving the car?  Is the owner of the driverless car strictly liable for the damage or injuries that it may cause others?  Possible answers to these novel questions were recently addressed in a law review article, Sue My Car Not Me: Products Liability and Accidents Involving Autonomous Vehicles.

Products Liability Vs. Driver Liability?

The Article suggests that when a driverless vehicle fails to function properly and causes an accident, then an injured party should be able to recover from the auto manufacturer in a claim for products liability. Yet, if the driver causes an accident because of his negligence, and the technology of the car did not contribute to the accident, then the injured party should be able to collect from the driver for any damage or injuries that occur.  Inevitably, this will likely lead to Washington enacting specific statutes that legislate fault and owner responsibility for driverless cars.  It goes without saying that this technology will also change the type of insurance that you will need to own or operate a driverless car.

Smoking Gun Evidence:

Electronically Stored Information (ESI) is a key component in these cases, because modern cars collect enormous amounts of data, which can be used to determine the fault of accidents, whether it’s human or machine driver error, or some other design flaw in the automobile itself. Experts in accident reconstruction can download the data to preserve it as evidence of negligence at trial. 

In these cases, the combination of video, car data indicating things as detailed as how long acceleration and brakes were applied, whether someone was in the driver’s seat or their hands were on the wheel, whether a door was open, and when impact occurred, and ESI from other devices.

Can Self-Driving Cars Be Hacked?

Developers of self-driving cars largely market the products based on their ability to drastically reduce accidents. However, this doesn’t mean that automobile accidents will be a thing of the past. Instead, hackers may cause crashes in the future.

In September 2016, Chinese security researchers uncovered vulnerabilities in Tesla’s security systems which allowed them to unlock car doors, open sunroofs, and reposition seats. Tesla resolved the issue ten days later with a security update. Though seemingly harmless now, it’s easy to imagine hackers causing cars to drive off the road or crash into other vehicles.

Conclusion:

Autonomous vehicles have the potential to revolutionize travel and highway safety. Within decades, autonomous vehicles will be widespread. The benefits to the marketplace, safety, productivity, and efficiency that autonomous vehicles will bring have the potential to be enormous. Because autonomous vehicles will be on the market within a decade and the cars will inevitably malfunction, legislatures and courts need to start developing liability schemes to ensure that the party who caused the accident bears the responsibility.

While some car accidents are entirely caused by the negligence or recklessness of one of the drivers involved in the crash, in other accidents multiple drivers involved in the crash all bear some share of fault for causing the accident.

If you were injured in a car accident and the other party is claiming that you are partly responsible, you need to understand how that could impact your case and what your legal rights and options are. A knowledgeable Seattle car accident lawyer from Banks Law Office can help, so call us at (206) 497-HELP or reach out to us online right away.

How Partial Fault Is Determined?

Fault for a car accident may be determined by the insurance company during settlement negotiations, or it may be determined by a judge or a jury if a car accident claim ends up going to trial. Insurance adjusters and juries assign fault for a car crash depending on the circumstances of the accident and the state traffic laws that may apply to the accident.

If a driver broke the law in an accident, or where the evidence tends to show that a driver’s actions caused the crash, they will be held to some level of responsibility for any losses that result from the accident.

Contributory and Comparative Negligence

Traditionally, car accident claims were evaluated under a contributory negligence rule. This rule states that if an injured victim bears any share of fault for an accident and the injuries they have suffered, that victim was barred from recovering any compensation, even if they are assigned only one percent of the fault for the accident.

Given the potential for harsh outcomes from the contributory negligence rule, many states have since adopted a different rule, known as the comparative negligence rule. In comparative negligence systems, an injured victim is not automatically barred from pursuing compensation just because they have some fault for the accident.

However, any compensation the victim is entitled to will be reduced in proportion to their share of fault. For example, someone who might be entitled to recover $100,000 for their injuries from an accident they bear 30 percent responsibility for will have their recovery reduced by $30,000 to reflect their share of fault.

States that use the comparative negligence system either use the “pure” comparative negligence rule, in which an injured victim can have any share of fault and still be entitled to pursue a legal claim, or the “modified” comparative negligence rule, in which an injured victim’s share of fault usually cannot exceed 49 or 50 percent. Washington uses the pure comparative negligence rule, under which an injured party’s contributory fault does not preclude them from pursuing a claim for compensation. 

What to Do After an Accident If You Were Partially at Fault

If you may have been partially responsible for causing a car accident, steps you should take to protect your rights and interests include:

• Take photos or video of the accident scene, including damage to the vehicles involved, skid marks and debris on the road, traffic controls at the scene, weather and lighting conditions at the time of the accident, or any visual obstructions for any drivers
• Obtain a copy of the police accident report if law enforcement reported to the scene of the crash.
• See a doctor as soon as possible after the accident for a physical exam to diagnose any injuries you may have suffered. Follow all your treatment instructions.
• Finally, speak to a car accident lawyer about the details of the accident and get help in preparing a persuasive case to minimize your share of fault for the crash and your injuries.

Contact a Seattle Car Accident Lawyer

If you were injured in a collision in Seattle, contact Banks Law Office right away, even if you think your actions might have contributed to it. Our Seattle car accident attorneys will provide you with a thorough and honest case evaluation and could help you seek compensation for the harm you’ve suffered. Call us today at (296) 497-HELP today.

Every motorcycle rider faces the risk of suffering serious injuries in a crash. Motorcycles’ inherent instability and lack of safety features, such as seatbelts and airbags, means riders must remain vigilant at all times. However, even the most cautious rider can be hit by a careless driver that fails to look for motorcycles, fails to yield, or drives while distracted or drunk.

If you’ve been injured by another driver’s negligence while riding your motorcycle, don’t hesitate to talk to the knowledgeable Seattle motorcycle accident attorneys at Banks Law Office about your options for seeking financial recovery. We can investigate the circumstances of the accident and help you pursue fair compensation for your injuries from the responsible party. Call (206) 497-4357 today for a free consultation.

Common Causes of Motorcycle Accidents in Washington State

Motorcyclists often suffer severe injuries in collisions because, aside from basic safety equipment like a helmet or jacket, the rider is at the mercy of physics. There is nothing restraining them, no seatbelts to keep them firmly in place, no airbags to cushion any hard impacts. When a negligent driver causes a motorcycle accident, the consequences for the rider are often painful and costly.

Some of the most common causes of motorcycle accidents include:

• Impaired driving – Motorcycles can be difficult to see, especially at night or in bad weather. When you add drugs or alcohol into that mix, a driver will have an even harder time spotting a motorcyclist and reacting quickly when they do see them.
• Bad road conditions – Because motorcycles are less stable, a pothole or broken pavement can spell disaster for a rider.
• Distracted driving – Despite all efforts to the contrary, people will still take their attention off the road for a wide variety of reasons, such as checking a text, changing radio settings, or retrieving a dropped item. It only takes a moment to cause an accident.
• Speeding – Speeding can make it harder for drivers to react to hazards or stop in time to avoid hitting a rider, especially in bad weather.
• Lane splitting – Though this practice is illegal in Washington state, lane splitting is still occasionally seen on highways. Drivers are not expecting motorcycles between lanes, and dooring accidents can occur, causing severe injury.
• Unsafe lane changes – If a motorist doesn’t check blind spots before changing lanes, they can easily strike a motorcycle and injure the rider.

Common Injuries Suffered in Motorcycle Collisions 

Unfortunately, injuries from motorcycle accidents tend to be more severe and costly than injuries from passenger vehicle accidents. Some injuries common to motorcycle accidents include:

• Road rash (abrasions)
• Broken bones
• Sprains and strains
• Spinal cord injury
• Traumatic brain injury
• Whiplash
• Concussion
• Head and neck injuries
• Crushing injuries
• Organ damage
• Internal injuries
• Amputation
• Coma

Compensation You Could Be Entitled To 

You can be compensated for a variety of losses you suffer as a result of a motorcycle accident. Some of these are financial in nature and some relate to non-economic, subjective losses suffered by the injured victim, such as pain and suffering. These losses are called damages. Some examples include:

• Lost wages if you’re unable to work as you recover
• Lost potential earnings if a long-term injury prevents you from returning to work
• Medical expenses
• Property damage
• Pain and suffering
• Mental anguish
• Scarring and disfigurement

The exact amount of compensation you could obtain may vary widely depending on the circumstances of the accident and the extent of your losses. Talk to your attorney to determine what damages may apply to your claim for compensation.

How Banks Law Can Help

At Banks Law Office, we can help you determine your best options for seeking the compensation you deserve from the party responsible for your injuries. Call us today at 206-497-4357 or contact us online for a free case consultation with a compassionate, experienced Seattle injury lawyer. There’s no obligation and no fee unless we win compensation for you, so call today.

Distractions are everywhere, and they’re getting worse every day. They’re in our homes, at work, and even on the road. Unfortunately, when drivers give in to distractions, they can cause collisions, injuries, and even death. 

Distracted driving takes many forms, and all of them can have serious consequences. In fact, the Centers for Disease Control and Prevention (CDC) reports that distracted drivers kill nine people a day in the US. You can help by avoiding distractions when you drive. But what are the most common forms of distractions, and what kinds of accidents do they cause? 

Three Main Types of Distractions

Distractions fall into three major categories. The categories differ in how the distraction works and the effects it has on drivers. These distraction categories are:

• Visual distractions take a driver’s eyes off the road. Any time this happens, it’s easy for a driver to make fatal mistakes. Smartphones and in-vehicle entertainment systems are common visual distractions that can draw a driver’s attention away from the important task at hand.
• Manual distractions cause drivers to take their hands off the wheel. Doing so slows driver reactions. Again, smartphones are a common manual distraction, but there are many others. Food, beverages, unruly passengers, and tasks such as grooming can distract drivers and inhibit their reaction times.
• Cognitive distractions take a driver’s focus and mind away from the task at hand. For example, drivers who daydream or engage in distracting conversations can lose focus on the road. The results can be devastating.

Accidents Caused by Distracted Drivers

Distracted drivers can cause all kinds of accidents, from low-speed fender benders to highspeed collisions on the highway. Regardless of their usual skill, a distracted driver is a poor driver, and they often cause injuries and even fatalities. The crashes caused by driver distraction include:

• Rear-end accidents
• Head-on collisions
• Side impacts
• Wrong-way accidents
• Rollovers
• Side-swipes
• Tailgating accidents

Injuries Caused by Distracted Drivers

When a distracted driver causes an accident, serious injuries are common. Following a distracted driving collision, drivers and passengers can suffer:

• Head injuries
• Traumatic brain injuries
• Bleeding
• Scarring
• Internal injuries
• Soft tissue and joint injuries
• Spinal cord injuries
• Facial and dental damage
• Broken bones
• Whiplash
• Lacerations
• Burns
• Wrongful death

If you’ve been injured by a distracted driver, contact an experienced car accident attorney for help. From answering your questions about your legal options to demanding fair compensation from the irresponsible driver who hurt you, an attorney could help you on the road to recovery.

How Banks Law Could Help

If you’ve been injured by a distracted driver, Banks Law Office is ready to listen to you. Serving our clients with honesty and integrity, we put client service above all else. We care about you because we know how much damage a distracted driving accident can cause.

We’re ready to help by:

• Listening to you and answering your questions
• Advising you on your legal options
• Pursuing the compensation you deserve
• Investigating what happened and who is responsible
• Managing every step of your distracted driving case while you heal
• Coordinating with experts to understand your case
• Negotiating aggressively with insurance companies for the money you need
• Fighting for you and your rights in court

If you’ve been injured by a distracted driver, contact Banks Law Office today. We tailor our services to your needs, and we’re ready to help you move forward from the accident. Our compassionate professionals are here to listen and help you, so don’t wait to contact us.

For a free consultation about how a Washington distracted driving accident lawyer could help you, get in touch with us now.

Jackknife truck accidents are both common and extremely dangerous. Every instance of this kind of truck accident has the potential to seriously injure dozens of people on a busy road or highway. But what makes these accidents so dangerous compared to other types of truck crashes? If you want to know more, contact a jackknife accident lawyer in Seattle with Banks Law Office.

Jackknife Truck Accidents

A jackknife truck accident refers to a collision in which the trailer on a semi-truck swings out wide. This motion can cause the trailer and truck cab to fold at the articulation joint, not unlike the action of a folding pocketknife. When a truck jackknifes, it can damage both the truck and the roadway.

Often, jackknifing causes the truck driver to lose control of their vehicle and collide with other vehicles on the road. Drivers and passengers in other cars find themselves helpless in the face of the huge trailer.

Why Are Jackknife Accidents More Dangerous Than Other Types of Truck Crashes?

Jackknife accidents often prove more dangerous than other types of truck accidents because the jackknifing motion causes the truck driver to lose control of their vehicle. An experienced truck driver who maintains control of their vehicle can prevent truck crashes from spiraling out of control following an initial collision with another vehicle. But even a seasoned truck driver has no control of their truck as it swings or spins out of control, so the cab and trailer of the truck can impact numerous other vehicles on the road.

Injuries Caused by Jackknife Accidents

Like other types of truck crashes, jackknife accidents can cause serious injuries for other vehicles involved in the collision. Some of the most common injuries sustained in jackknife truck accidents include:

• Severe lacerations and bleeding
• Broken bones
• Soft tissue injuries
• Whiplash injuries
• Neck and back injuries
• Herniated disc injuries
• Dislocated joints
• Internal injuries and internal bleeding
• Head injuries
• Traumatic brain injuries
• Burns
• Amputations
• Spinal cord injuries, nerve damage, and paralysis

Who Is Responsible?

Most cases of jackknifing can be attributed to the truck driver’s careless or reckless driving. If a trucker exceeds the speed limit or drives too fast for road conditions, they increase the risk of causing a jackknife when they brake.

Improper use of a truck’s brakes can also cause jackknifing, even when a truck is traveling at a reasonable speed. If a jackknife collision is caused by a brake failure, the truck driver might be held responsible if they failed to conduct a required vehicle inspection before getting on the road. Such an inspection could have revealed signs of a potential failure.

The trucking company could be held vicariously liable for a truck driver’s negligence if they employ the driver. In some cases, the trucking company might also be held liable for its own negligence in hiring, training, or supervising the driver. The trucking company could also be held responsible for a jackknife accident caused by braking failures caused by deferred maintenance.

Finally, the truck’s mechanic could be held responsible for a jackknife crash caused by a brake or mechanical failure attributable to improperly performed maintenance.

Compensation for Jackknife Truck Injury Claims

Following a jackknife truck collision that leaves you with injuries, you might be entitled to financial compensation from the party or parties responsible for the accident. You and your attorney could demand money to cover losses that you incurred due to your injuries, including:

• Medical expenses
• Long-term care costs if permanently disabled by the accident
• Lost wages and loss of future earning capacity
• Pain and suffering
• Loss of quality of life or reduced life expectancy
• Vehicle and other property damage

Contact a Seattle Truck Accident Lawyer

Have you been injured in a jackknife truck accident? Call or contact a Seattle truck accident lawyer at Banks Law Office today for a free, no-obligation consultation today. We can discuss your rights and options for recovering compensation for the harm you’ve suffered in a truck crash that wasn’t your fault.

When you’re injured in a motor vehicle collision, you may feel shocked, dazed, and unsure what to do next. However, it’s important to take certain steps in the minutes, hours, and days following the accident to protect yourself and your ability to seek compensation if your injuries were caused by someone else’s negligence. Below are five simple but crucial steps you can take to protect your rights after a car accident.

What to Do After a Crash 

After a car crash, taking these steps could help put you in a better position to pursue compensation for your injuries, repairs to your vehicle, lost wages, and more:

1.Contact the Police

In most accidents, you should notify local law enforcement or state police, even if the other driver tries to talk you into simply exchanging information. When police respond to the scene of a motor vehicle accident, they will usually fill out a police accident report that includes details from the accident scene, summaries of witness statements, and, in some cases, the officer’s opinion about which driver caused the crash.

Although a police accident report’s findings are not binding on a later civil claim for compensation, it often serves as highly persuasive evidence for insurance companies and juries.

2. Seek Medical Attention

You should either get checked out by paramedics who respond to the accident scene or see your primary physician or another doctor as soon as possible after the crash. Getting examined after an accident will allow you to document the injuries you suffered in the crash.

This can prove helpful if the at-fault driver or the insurance company tries to argue that the injuries you sustained in the accident existed before the accident or were caused by something other than the crash.

Make sure to follow all treatment instructions you receive. Otherwise, you may give the other side a basis to argue that you were not as seriously injured as you claimed.

3. Get Information from the Other Parties Involved

If possible, try to speak with any bystanders or witnesses to the collision. Record their contact information if they are willing to provide a statement about the collision. A neutral third party’s testimony can prove critical if your situation later becomes a “you said, they said” affair.

4. Do Not Speak with Insurance Company Representatives Without a Lawyer

You may be contacted by representatives from the other driver’s insurance company or from your insurance company soon after the accident. Although insurance company representatives may seem like they are trying to help you, you should remember that they are foremost interested in maximizing the insurance company’s profits, which means paying you as little money as possible for your claim.

Insurance adjusters have many tactics they use to get accident victims who aren’t represented by legal counsel to accept less than the fair value of their claim. You should refrain from talking to or providing a statement about the accident to insurance company representatives until you’ve had a chance to consult with an attorney.

5. Hire a Lawyer to Represent You

Although you might consider handling your car accident claim on your own, people who are represented by a lawyer often recover more compensation than those claimants who are unrepresented. An experienced car accident lawyer will provide straightforward advice about the value of your claim and your legal rights. A lawyer can also handle the entire legal process for you, aggressively pursuing maximum value for your collision claim. 

How Washington Auto Law Will Help

 Following an accident, let a skilled Seattle car accident attorney from Washington Auto Law help you get the fair compensation you deserve. Our team will assist you by:

• Collecting evidence from the accident, including accident scene photos, police accident reports, and eyewitness statements
• Taking the time to listen to your story and understand your needs and goals
• Collaborating with accident reconstruction experts to help build a persuasive case to show who was responsible for causing the crash
• Filing claims for compensation on your behalf with the insurance companies
• Negotiating with insurance adjusters and defense lawyers to pursue fair and full compensation in your claim
• Not backing down until you receive accountability and justice for your injuries

After you’ve been injured in a car crash, contact the Seattle car accident lawyers at Washington Auto Law for a free, no-obligation consultation to speak to a knowledgeable member of our team about your rights and legal options. You could be owed significant compensation, and we will be ready to stand up and fight for you. Call us at 206-497-HELP or reach out to us online for a free consultation

Distracted driving laws are tightening across the nation, and Washington State is no exception. With the Driving Under the Influence of Electronics (E-DUI) law, drivers face stiff penalties for using handheld devices behind the wheel—whether they’re driving, stopped at a red light, or stuck in traffic. This law isn’t just about fines; it’s about saving lives. Here’s everything you need to know about Washington’s E-DUI law, its penalties, and why compliance is critical. 

 

No Handheld Cell Phone Use While Driving 

The E-DUI law prohibits the use of handheld electronic devices while driving, including: 

• Using your phone while stopped in traffic or at a red light: You’re still considered “driving” even when your vehicle isn’t moving. 
• Typing messages or accessing information: Sending texts, reading emails, or even searching for information on your phone is illegal. 
• Watching videos or using cameras: Scrolling through TikTok, watching YouTube videos, or taking selfies while in the driver’s seat are violations under the law. 

What Will an E-DUI Cost You? 

Getting an E-DUI can lead to significant financial consequences: 

• First offense: A $136 fine. 
• Second offense (within five years): A $234 fine. 

Beyond the fines, an E-DUI is reported to your insurance company, likely resulting in a spike in your insurance premiums. Over time, this could cost you hundreds—or even thousands—of dollars more in premiums. The financial hit is substantial, but the risks of distracted driving can be far worse. 

 

Exceptions to the Rule: When Can You Use Your Phone? 

The law allows for limited phone use under specific circumstances: 

• Hands-free use: Devices connected via Bluetooth or similar systems are permitted, as long as you can operate them with a single touch or swipe without holding the phone. 
• Parked or out of the flow of traffic: If you pull over to a safe, legal location and put your car in park, you’re free to use your device. 
• Starting GPS or music: Set up your navigation or music playlist before you begin driving. 
• Contacting emergency services: Calling 911 or other emergency services during a crisis is always allowed. 

Planning ahead and utilizing hands-free technology can help you comply with the law while staying connected. 

 

The Danger of “Other” Distractions 

While cell phone use is the primary focus of the E-DUI law, it’s not the only form of distraction that could land you a ticket. The law also allows officers to issue a $99 fine for dangerously distracted driving if: 

• Other activities interfere with your ability to drive safely, such as eating, grooming, smoking, or reading. 
• You’re pulled over for a primary offense, such as speeding or failing to signal, and the officer notices your distracted behavior. 

Even activities that seem harmless can impair your reaction time and decision-making behind the wheel, putting you and others at risk. 

 

Why Was the E-DUI Law Implemented? 

The statistics are staggering: 

• Distracted driving fatalities increased by 32% from 2014 to 2015 in Washington. 
• 71% of distracted drivers admit to using their phones while driving, the most dangerous form of distraction. 
• One in four crashes involves cell phone use just before the collision. 

Distracted driving is a leading cause of preventable road deaths. The E-DUI law was introduced to address these alarming trends, encouraging safer driving habits and reducing the number of crashes caused by inattention. 

 

How the E-DUI Law Works 

The E-DUI law empowers law enforcement to issue tickets to drivers visibly using handheld devices. Police can pull you over for this violation alone—it’s considered a primary offense. 

For example, if an officer sees you texting at a red light, that’s enough to issue a ticket. They don’t need to suspect you of speeding or committing another violation first. 

 

What Happens If You Break the E-DUI Law? 

Beyond the fines and potential insurance increases, an E-DUI ticket creates a public record of your driving behavior. Multiple violations could affect your driving record, making you a higher-risk driver in the eyes of insurers and employers. 

But the consequences aren’t just financial. Distracted driving increases the likelihood of accidents, injuries, and fatalities, putting your life—and the lives of others—at risk. 

 

Tips to Stay Compliant 

Avoiding an E-DUI ticket is easier than you might think. Here are some practical tips: 

• Set up your device before driving: Program your GPS, select your playlist, and respond to any messages before you start the car. 
• Invest in hands-free technology: Bluetooth-enabled devices, dashboard mounts, and voice commands can help you stay connected without breaking the law. 
• Use “Do Not Disturb” mode: Many smartphones offer this feature to silence notifications and block incoming calls while driving. 
• Pull over safely: If you must use your phone, find a safe spot to park before reaching for your device.

The Bigger Picture: Preventing Distracted Driving 

The E-DUI law is part of a broader effort to make Washington’s roads safer. Distracted driving isn’t just about fines—it’s about preventing the devastating consequences of accidents caused by inattention. 

Every time you take your eyes off the road, even for a few seconds, you’re putting yourself and others at risk. Staying focused behind the wheel isn’t just a legal requirement—it’s a responsibility. 

To read the actual language of the law, click here: RCW 46.61.668 

If you’ve been injured in a car or motorcycle accident in the Greater Seattle Area and missed time from work, you have the right to recover your lost wages from the insurance company. This includes any vacation time or paid time off (PTO) that you were forced to use. The at-fault driver who caused the accident is responsible for compensating you for this loss. 

However, proving wage loss isn’t always simple. To strengthen your claim, you’ll need to provide clear documentation demonstrating that your injuries prevented you from working and resulted in a financial loss. Below are essential steps and tips to help you successfully prove your wage loss claim. 

Key Elements to Prove Wage Loss in Washington State 

There are two primary elements you must establish to support your wage loss claim: a medical opinion and employer verification. 

1. Your Doctor’s Opinion

A healthcare provider must confirm that your injuries required you to take time off work. To ensure your claim is strong: 

• Seek medical attention immediately after the accident. 

• Clearly explain to your doctor what you do for work and describe how your injuries affect your ability to perform your duties. 

• Follow your doctor’s advice and keep detailed records of all medical appointments, treatment plans, and any prescribed rest periods. 

Your doctor will provide documentation outlining your diagnosis, treatment plan, and the recommended duration for time off work. Without this, your claim may be rejected or delayed. 

2. Employer Verification

Your employer must complete a wage loss verification form that outlines your position, duties, pay rate, and the specific dates you missed work. This form serves as official proof of your missed earnings. 

To ensure the process goes smoothly: 

• Request the verification form as soon as you return to work. 

• Keep a personal record of all the days you missed, including half-days or adjusted schedules. 

• If your employer is slow to respond, follow up promptly to avoid delays in your claim. 

Special Considerations for Unique Employment Situations 

While proving wage loss can be straightforward in traditional employment settings, some scenarios may require additional evidence. If your situation involves any of the following, you may face added complexities: 

Self-Employed Individuals 

If you’re self-employed, you may not have a formal employer to verify lost income. In this case, you’ll need to provide: 

• Tax returns from the previous year(s) 

• Business invoices and contracts showing projected income 

• Bank statements demonstrating income patterns 

Periodic or Seasonal Income 

For those with fluctuating income or seasonal employment, it’s essential to demonstrate your earning patterns. Supporting documentation might include: 

• Pay stubs from past seasons 

• Employer letters confirming typical work schedules 

• Proof of accepted contracts or upcoming projects 

Lost Overtime and Fringe Benefits 

In addition to regular wages, you may also be eligible to recover: 

• Lost overtime pay 

• Bonuses or commissions you missed due to your absence 

• Fringe benefits like pension contributions or employer-paid health insurance 

Under-the-Table Income 

If you are paid in cash or “under the table,” proving lost wages can be more difficult. Gather alternative evidence such as: 

• Signed statements from clients or employers 

• Bank deposit records that reflect consistent cash flow 

• Copies of correspondence or job-related communications 

Common Challenges in Wage Loss Claims 

Despite your best efforts, some obstacles may arise. The following issues are common in wage loss claims: 

• Disputes about whether your injuries truly prevented you from working 

• Inconsistencies in medical documentation or employer verification 

• Delays in submitting the necessary paperwork 

To mitigate these risks, ensure your documentation is thorough, and maintain open communication with your employer and healthcare provider throughout the process. 

Steps to Strengthen Your Wage Loss Claim 

To improve your chances of receiving full compensation for your wage loss: 

1. Document Everything: Maintain a detailed record of all medical visits, work absences, and expenses. 

1. Communicate Clearly: Inform your employer about your injury and stay updated on any necessary paperwork. 

1. Seek Legal Assistance: An experienced personal injury attorney can help gather evidence, communicate with insurance companies, and maximize your compensation. 

Conclusion: Take Action to Recover Your Lost Wages 

If you were injured in a car or motorcycle accident in Bellevue or the Greater Seattle Area, don’t hesitate to pursue your right to recover lost wages. Gathering proper documentation and following the necessary steps is crucial to a successful claim. 

Washington Auto Law has extensive experience helping clients recover lost wages following a car or motorcycle accident. Contact us today to schedule a free consultation and get the support you need to secure the compensation you deserve. 

If you’ve been in a car accident, getting a rental car is one of your first concerns. After being injured in a car accident, you will need a vehicle to get to your doctor’s appointments, get to work, and take care of your family. 

When Can I Get a Rental Car?

Immediately. If your vehicle is damaged and undrivable, the at-fault driver is required to rent a car for you or pay for the loss of use during the repair or replacement period. 

Act quickly and contact the at-fault driver’s insurance company as soon as possible. Delays in communication can lead to unnecessary waiting times for your rental car. Document the damage to your vehicle thoroughly with photos and written descriptions to ensure the insurance company has all the necessary information to process your rental car request promptly. 

How Long Can I Keep the Rental Car?

If your car is being repaired, you are entitled to a rental from the day that it goes in the repair shop until the day that your repair is finished. 

Stay in regular contact with the repair shop to monitor the progress of the repairs. Insurance companies typically cover rental costs for a reasonable amount of time, usually during the repair process. However, if there are any delays or complications with the repairs, inform the insurance company immediately to avoid issues with rental car coverage. 

 What Kind of Rental Car Can I Get?

The rental vehicle provided should be comparable to the vehicle damaged in the accident. If you were driving a pickup truck, it is not reasonable for your replacement vehicle to be a subcompact. 

When speaking with the insurance company, specify the type of vehicle you were driving and its features. This ensures you get a rental car that meets your needs. If you have special requirements, such as needing a larger vehicle for family use or a truck for work purposes, communicate these needs clearly to the insurance adjuster. 

What If My Car is a Total Loss?

The insurance company will typically pay for your rental car until the day they make their offer. Some insurance companies will allow you a couple of extra days in the rental so you can car shop, or it might take them time to get you the check. The number of days they allow is negotiable, and some will allow up to 5 days. The courteous, cooperative, and professional people usually get more grace periods here than the chronic complainers. 

When your car is declared a total loss, begin the process of finding a new vehicle as soon as possible. Being proactive can reduce the stress and inconvenience of being without a car. Keep all receipts and documents related to the rental car to ensure you are reimbursed for any additional expenses incurred during this period. 

What If I Don’t Need a Rental?

If you have a second car or a friend’s car to borrow, ask the at-fault adjuster to “CASH YOU OUT” for your rental. The legal term for this is known as “loss of use.” You should be given a check for the daily rate you were entitled to for the time frame of your repair. You should also be cashed out for any day you did not have a rental when you were entitled to have one. 

Discuss the daily rate for the rental car with the insurance adjuster to ensure you receive a fair amount. If you choose to use a personal or borrowed vehicle, keep detailed records of the days and reasons you did not need a rental car to present to the insurance company. 

The above procedure should go smoothly when the other driver is clearly at fault and their insurance company accepts liability. However, when the other driver’s insurance company is having difficulty accepting responsibility, you will need to go through your own insurance company. 

How to Use My Own Rental Coverage?

Read your policy or talk to your insurance adjuster to determine if you have rental coverage through your insurance company. If you do, they will pay for your rental car while your car gets fixed. Your insurance company will, in turn, fight the at-fault driver’s insurance company to get compensated for the money they paid for your rental car once we resolve the responsibility for the motor vehicle crash. 

It’s essential to know the details of your insurance policy, including any rental car coverage. If you have this coverage, inform your insurance company about the accident immediately. They will provide guidance on how to proceed and what documentation you need to submit. Keep a copy of your insurance policy handy to reference specific terms and conditions related to rental car coverage. 

The key is to apply pressure to the at-fault driver’s insurance company. The pressure you can apply is limited if you do not have a lawyer because you do not have a hammer (lawsuits are hammers). But you can still pressure the insurer to do the right thing. Remember that you must comply with the time limit to bring a claim to your jurisdiction. 

What Should I Do If I Have Suffered a Serious Injury in My Car Accident?

We handle serious injury auto accident cases in Washington. We have successfully resolved hundreds of motor vehicle collision cases, earning over $10 million in compensation for personal injury victims in settlements and trial verdicts. 

If you or someone you love has been injured or killed in a car accident, call us at 206-497-4357 for a free consultation. 

Being involved in a car accident is often overwhelming and stressful. Beyond dealing with injuries, vehicle repairs, and insurance companies, there’s one key question that needs to be answered early on: who was at fault? Proving that the other driver was responsible is critical if you want to recover compensation for your damages and injuries. 

In Washington State, the legal principle of comparative fault applies. This means each party involved in the accident can be held responsible based on their percentage of fault. To get the compensation you deserve, you’ll need to clearly show that the other driver was primarily or entirely at fault. This guide breaks down the process into clear, actionable steps so you can protect your rights and move forward confidently. 

 

Understand Washington State’s Comparative Negligence Laws

Washington uses a pure comparative negligence rule, which allows you to recover damages even if you’re partially at fault for the accident. However, your compensation is reduced by your percentage of fault. 

• If you’re found to be 20% at fault, your total compensation is reduced by 20%. 

• Even if you’re 99% at fault, you can technically recover 1% of the damages. 

• Proving the other driver was more at fault improves your financial recovery. 

Understanding this legal principle is important because it shapes the evidence-gathering and negotiation strategy you’ll use during the claim process. 

 

Collect and Preserve Strong Evidence

The more evidence you gather, the better your chances of proving fault. Immediately after the accident, if you’re physically able, start collecting the following: 

• Photographs and Videos: Take clear photos of vehicle damage, the accident scene, skid marks, traffic signs, and weather conditions. 

• Witness Information: Get contact details of anyone who saw the crash. 

• Police Report: Always call the police and request a copy of the accident report. Officers typically record initial fault assessments and cite any violations. 

Also, document your injuries and keep track of: 

• Medical treatments and diagnoses 

• Pain and suffering journal entries 

• Time missed from work or changes to your daily routine 

 

Use Official Traffic Laws to Your Advantage

Violations of Washington traffic laws can serve as solid proof that the other driver was at fault. 

Refer to the Revised Code of Washington (RCW) for guidance. For example: 

• RCW 46.61.140: Failure to stay in a lane 

• RCW 46.61.050: Disobeying traffic control devices 

• RCW 46.61.145: Following too closely (tailgating) 

If the police cited the other driver for a violation of these laws, it can be used as powerful evidence during settlement negotiations or in court. 

 

Use Statements and Behavior at the Scene

Sometimes, what the other driver says at the scene can help prove fault. Admissions like “I didn’t see you” or “I’m sorry, I was texting” can support your case. 

Key actions to take: 

• Record any verbal admissions the other driver makes (if safely possible) 

• Avoid admitting fault yourself 

• Stick to factual statements when speaking with police or other drivers 

 

Leverage Technology and Tools

Dashcams and surveillance footage are increasingly useful for car accident cases. In Washington State: 

• Dashcam recordings can serve as admissible evidence, especially if they show clear traffic violations. 

• Nearby business or traffic cameras may have recorded the accident. Request footage promptly, as it may be deleted after a few days. 

Telematics data from your vehicle (or the other driver’s, if accessible via subpoena) may show: 

• Speed at the time of collision 

• Braking patterns 

• Vehicle movements before and after impact 

 

Retain an Experienced Car Accident Attorney

Proving fault in a Washington car accident case can be challenging, especially when the other side disputes liability. A skilled attorney can: 

• Investigate the accident thoroughly 

• Collect and preserve time-sensitive evidence 

• Reconstruct the crash using expert analysis 

• Handle communications with insurance companies 

Legal representation is especially important if your case involves: 

• Serious injuries 

• Commercial vehicles 

• Government-owned vehicles or property 

• Disputed liability or complex insurance issues 

 

Consider the Role of Expert Witnesses

Experts can provide authoritative insights that help establish fault. 

Common types of expert witnesses include: 

• Accident reconstructionists who simulate the crash using physics and engineering 

• Medical professionals who explain how injuries occurred 

• Highway safety experts who analyze road conditions or signage 

These professionals add weight to your case by offering unbiased, technical assessments. 

 

Understand Insurance Company Tactics

Insurance companies are trained to protect their bottom line. They may attempt to shift some blame onto you, even when the facts are clear. Tactics may include: 

• Asking misleading or loaded questions 

• Pressuring you to accept low settlements 

• Using your statements against you 

An attorney can ensure your rights are protected and that you’re not unfairly blamed or undercompensated. 

 

File Your Claim on Time

In Washington State, the statute of limitations for most car accident claims is three years from the date of the accident. However, waiting too long can lead to weakened evidence and reduced chances of success. 

Acting quickly also improves the odds of recovering footage, gathering witness accounts, and completing timely medical evaluations. 

 

What If the Other Driver Denies Fault?

If the at-fault driver refuses to accept responsibility, don’t panic. This is common, and you still have options: 

• File a claim with your own insurance company under your collision or uninsured motorist coverage. 

• Pursue legal action if negotiations fail. 

• Let your attorney negotiate or take the case to court to secure fair compensation. 

Persistence and proper legal strategy often lead to successful outcomes, even when initial fault is disputed. 

 

Conclusion: Don’t Navigate This Alone—We’re Here to Help 

Proving fault in a Washington State car accident isn’t just about collecting evidence—it’s about building a compelling case that stands up to scrutiny. With the right combination of strategy, documentation, and legal support, you can successfully prove that the other driver was at fault and secure the compensation you need to recover. 

Washington Auto Law is here to guide you every step of the way. We’ll handle the legal complexities so you can focus on healing. If you’ve been injured in an accident and need help proving fault, contact us today for a free consultation. Call us or schedule an appointment online—we’re ready to fight for your full and fair compensation. 

 

After an accident, the insurance companies and their paid opinion doctors will allege one of three things: (1) You were not injured in the collision, or (2) You did not suffer all of the injuries you claim, or (3) The injuries aren’t as bad as you say. You must be ready with your own doctors’ opinions to support your case.

In order to recover damages and money from the insurance company for the injuries you’ve suffered in a car accident, your doctor must say that, in his medical opinion, your injuries were caused by the accident.

But how do doctors determine if you injuries were caused by the accident?

Your doctors may use the Three Step Causation Methodology. This framework is accepted in the medical community by the courts and is based on a valid scientific method. To determine if your injuries are related to the accident, follow this step-by-step process:

1. General causation: Is it biologically possible for the type of injury you suffered to have been caused by the type of collision you were in?
2. Timing: did your symptoms of injury show up shortly after the accident?
3. Lack of a more probable alternative explanation: does another event better explain your injuries and symptoms?

Your doctor can use this three-step analysis to form their opinion about whether your injuries were caused by the accident. Your injuries and symptoms are related to the accident if it is physically possible that the accident can cause that type of injury. The symptoms started shortly after the accident, and there is no other explanation for what you are feeling. This method was developed by Michael D. Freeman, Christopher J. Centeno & Sean S. Kohles, A Systematic Approach to Clinical Determinations of Causation in Symptomatic Spinal Disk Injury Following Motor Vehicle Crash Trauma, 1 Physical Medicine & Rehabilitation 951 (October 2009).

The three steps are discussed in more detail below:

First, General Causation: could your injury have been caused by the collision? Is this possible? This is usually a fairly low hurdle and it’s usually fairly simple.  Doctors will rely on medical literature and peer-reviewed journals to determine the answer to this question. For example, there is a lot of literature that shows very specifically if you get rear-ended, you injure your back, including whiplash, sprains/strains, disc herniations, and facet joint injuries.

Insurance companies and their lawyers often argue that the speed of vehicles and force on your body were not sufficient to cause your injuries. If photos of your vehicle after an accident show little damage, the insurance companies love to argue that the small amount of damage to your vehicle proves you could not have been injured. However, the medical literature says that speed and velocity are not a reliable predictor of injury, and damage to a vehicle is not a reliable predictor of injury. Your doctor only has to determine if it is plausible that a collision caused your injury.

The Second Step is Timing: also known as the temporal relationship. How soon after the collision did your symptoms begin? The closer in time to the collision, the more likely the injury was caused by the collision. If too much time passes between the accident, then it is unlikely your injuries are related to the accident. This is a very important factor, so you must report ALL your symptoms and injuries to your doctor as soon as possible.

The Third and Final step is Alternative Explanation: Is something else more likely that we can attribute to this? This is also known as a differential diagnosis, which is the process by which the doctor ‘rules in’ all scientifically plausible causes of the injury. The doctor then ‘rules out’ the least plausible causes of injury until the most likely cause remains. Doctors rely on medical literature, a physical examination, diagnostic testing, and your pre-existing medical history. Essentially, the doctor is looking for anything else that would be a more likely cause of your injury other than the accident. Still, the doctor does not have to eliminate all other possible causes of the injury.

Ultimately, this injury causation method is accepted in the medical community by the courts and is based on a valid scientific method. When you try to face an insurance company by yourself after being injured in a car accident, the insurance companies and their paid opinion doctors will allege that you were not injured in the collision or that you did not suffer all of the injuries you claim, or that the injuries aren’t as bad as you say.

When you hire Washington Auto Law, we work directly with your doctors to ensure that their opinions are strong enough to withstand scrutiny in Court. We ensure that all of the injuries you suffered in the accident are supported by reliable medical testimony so that we can overcome the insurance company’s defenses and obtain a full and fair money verdict or settlement for your injuries.