Car Accident
As a responsible driver in Everett, you are expected to follow traffic rules and regulations to ensure the safety of yourself and others on the road.
However, accidents can still happen due to various factors such as weather conditions, vehicle malfunctions, or human error. In these situations, it is important to determine who is at fault for the accident in order to seek compensation for damages.
In most states, laws regarding liability in car accidents are governed by the principles of comparative and contributory negligence. These legal doctrines play a significant role in determining how fault is allocated among the parties involved in an accident and how much compensation a victim may receive.
In Everett, Washington, car accidents are unfortunately common due to its bustling traffic and growing population. If you are involved in a car accident in the area, consulting an Everett accident attorney is vital. They can provide valuable guidance on how comparative and contributory negligence laws may impact your claim.
In this article, we will discuss the basics of these doctrines and their implications in car accident cases.
Comparative Negligence
Under comparative negligence laws, fault is assigned as a percentage to each party involved in the accident. The compensation a victim is entitled to depends on the degree of their fault.
For example, if one driver is found to be 80% responsible for the accident and the other 20%, the latter’s compensation will be reduced by 20%.
There are two main types of comparative negligence:
- Pure Comparative Negligence: In states following this model, victims can recover compensation even if they are 99% at fault for the accident. However, their compensation will be reduced by their percentage of fault.
- Modified Comparative Negligence: In states that adhere to this standard, victims can only recover damages if their fault is below a specific threshold, typically 50% or 51%. If their fault exceeds this limit, they are barred from recovering any compensation.
Washington State follows the pure comparative negligence model, which allows injured parties to seek damages regardless of their level of fault. This means that even if you are partially to blame for an accident in Everett, you may still be entitled to compensation, albeit reduced.
Contributory Negligence
Contributory negligence, on the other hand, is a much stricter legal principle. In states that follow this doctrine, any fault assigned to the victim—even as little as 1%—completely bars them from recovering any compensation. This harsh standard is not common in the United States, as most states have adopted comparative negligence laws instead.
While Washington does not follow contributory negligence, understanding its implications can still be valuable, especially when comparing legal standards in different jurisdictions.
Examples of How Fault Impacts Compensation
To better understand the effects of comparative and contributory negligence, here is an example.
A driver is texting while driving and collides with another vehicle. The injured party is found to have been speeding at the time of the crash. If the texting driver is 70% at fault and the injured party 30%, the latter’s compensation will be reduced by 30% under comparative negligence rules.
In a contributory negligence state, the injured party from the previous example cannot recover any type of compensation. This is because they have contributed to the accident.
Why Legal Representation Matters
Navigating the intricacies of comparative and contributory negligence can be challenging, especially when insurance companies attempt to minimize payouts. An experienced accident attorney can help gather evidence, negotiate with insurance adjusters, and ensure that fault is allocated fairly. This can make a significant difference in the amount of compensation you ultimately receive.
Whether you are dealing with minor injuries or significant losses, understanding how negligence laws apply to your case is essential. By consulting with a legal professional, you can better protect your rights and work toward securing the compensation you deserve.
