Your Rights As A Passenger In A Washington State Automotive Accident

In this article, you will discover:

• Your rights as a passenger in a Washington car accident.
• How Washington’s comparative negligence laws affect passengers.
• Whether a passenger has to prove fault to collect compensation in a car accident.

What Are The Basic Rights Of Passengers In A Washington Car Accident?

Passengers in a car accident have the same rights as anyone else. The difference is a passenger cannot be at fault because they’re not driving or operating the car. Instead, the driver has a duty of reasonable care to drive safely and prevent you from being injured.

As a passenger, you can bring claims against the driver of the car you’re in, even if they are a family member. If your driver refuses to cooperate with your claim, you have the legal right to hire a lawyer and pursue a lawsuit against them.

How Do Washington’s Comparative Negligence Rules Affect Passengers?

Washington state provides joint and several liability for a person who is zero percent at fault. In a collision where the driver of the car you’re in and the driver of the other car may both be at fault, they will be jointly and severally liable for your injuries. In other words, you can recover for your injuries from all parties at fault, assuming you did nothing to cause the collision.

Does A Passenger Need To Prove Fault To Receive Compensation?

In automobile collisions, fault is usually determined by the evidence. Suppose a passenger is injured in a car that was rear-ended, and the driver did nothing to cause it. The fault is assigned to the person who caused the accident.

However, suppose you’re a passenger in a car hit at an uncontrolled intersection, and the fault is determined to be 50-50 between your driver and the other driver. In this case, you have a claim against both drivers for full compensation.

Attorney Matthew Hale is an experienced lawyer based in Burien, WA, who has helped clients just like you navigate the intricacies of automobile collision law. With more than a decade of experience, he is prepared to assist you with filing your claim as a passenger injured in a car accident so that you can receive the compensation and damages you’re entitled to.

Still have questions? Ready to get started? Contact M.R. Hale Law at  (206) 206-0213 today to schedule an initial consultation.

How Long Do Passengers Have To File A Personal Injury Claim In Washington?

In Washington State, you generally have three years to file a lawsuit for a personal injury claim. That can change if, for example, a federal vehicle causes the collision. In that case, the Federal Tort Claims Act applies, lowering the statute of limitations to two years.

What If The Driver Is A Friend Or Someone I Know Well?

This situation happens frequently. If the driver is cooperative and gives you their insurance information, but the insurance company refuses to cooperate, then the insurance company is the one causing the problem.

Sometimes, it is helpful if your friend hires a lawyer to pressure their insurance company to resolve the claim before it destroys your friendship.

Notes From The Field: Financial Hardships Passengers Face When They Don’t File A Claim

I have seen people severely injured in collisions where the driver of the car they were in was in some way negligent. They’ll end up with five or six figures worth of medical bills. Those medical bills are their responsibility unless they can get the insurance company to pay them. Often, those medical bills can be enough to bankrupt somebody.

When facing such expenses, it is best to protect your health, financial future, and rights and file a claim.

Still Have Questions? Ready To Get Started?

For more information on passenger rights in Washington State auto accidents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (206) 206-0213 today.