A car accident can result in medical expenses and property damage. Victims of auto accidents may be able to recover compensation for their financial losses by filing a personal injury claim. One of the key factors that determine how much a victim can recover if their case is successful is fault. Fault can be shared by multiple parties. Determining how much each party is to blame for an accident can help victims recover maximum compensation.
To recover maximum compensation, it is important to understand Washington’s fault system. Washington follows a “pure” comparative fault system. This means that victims of auto accidents can file a claim against an at-fault party and recover compensation even if the plaintiff is 99% responsible for an accident. However, the amount of compensation that can be recovered may be reduced by the plaintiff’s percentage of fault. For example, if the plaintiff is 20% at fault for an accident, then they could recover the remaining 80% in damages from the defendant.
How is fault proven in an auto accident?
During a trial for a car accident, the plaintiff can present evidence proving that the defendant was at fault for financial losses. Some forms of evidence that can prove fault include:
- Police report: After an accident, the police can create an accident report. This report should include the parties involved in an accident, types of damages and injuries, when the accident occurred and potentially how the accident happened.
- Witness statements: A bystander may have witnessed an auto accident. They could provide a witness statement detailing how an accident occurred. These details may include evidence of who caused an auto accident.
- Video recording: A dash camera or surveillance camera may have captured video of an accident. This video recording could potentially provide unbiased, real-time evidence of the accident, including the events that took place leading up to and after a collision.
- Accident reconstruction: An expert analysis could use evidence, such as skid marks, vehicle damage patterns and debris to reconstruct the events that led up to an accident and determine certain factors, such as each vehicle’s speed and the points of impact.
Victims may need to reach out for legal guidance to begin building their car accident case. The sooner a case begins, the more effectively evidence may be presented in an effort to prove fault and maximize a victim’s compensation.