A car accident can turn your life upside down in an instant, and the aftermath of the crash can be overwhelming. So, if you’ve been in an accident in Tacoma, Washington, understanding the legal process is essential to protect your rights and ensure you receive the compensation you deserve.
Well, Washington functions under a “pure comparative negligence” system. This means that even if you are partially at fault for an accident, you may still be eligible for compensation. However, the amount you receive will be reduced based on your percentage of fault. Considering this, it becomes crucial to understand how fault is determined and how to build a strong claim.
Having said that, in this article, we’ll break down the legal roadmap after a car crash. So, without further delay, let’s understand it!
Step 1: Ensure Safety & Seek Medical Attention
The first and most important priority after an accident is safety. If possible, move to a safe location and check for injuries. Even if you feel fine, it’s essential to get medical care immediately. This is because some injuries may not be apparent right away.
Additionally, taking medical care will add to your case. This is because having a medical report strengthens the case when filing an insurance claim or pursuing legal action.
Step 2: Call Law Enforcement & File A Police Report
In states like Washington, you are required to report an accident to law enforcement if it involves any sort of:
- Injuries or fatalities.
- Property damage exceeding $1,000.
- A driver under the influence.
A police report is a critical piece of evidence in any crash case. The officers will document the scene, take statements, and determine potential violations of traffic laws. This official record can help establish liability when dealing with insurance companies or in court.
Step 3: Gather Evidence At The Scene
Collect as much evidence as possible from the accident scene if you can move easily. Important evidence includes:
A. Photos and Videos: Capture vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries.
B. Witness Statements: If there are bystanders, ask for their contact information and a brief statement related to what they’ve seen.
Eventually, this documentation will be valuable when proving fault and negotiating a settlement.
Step 4: Consult A Lawyer
Navigating a car accident claim alone can be overwhelming, especially when dealing with medical bills, lost wages, and insurance negotiations.
In this scenario, a car accident lawyer in Tacoma, WA, can help you investigate the accident and gather evidence against the other driver. Not only this, but they also handle negotiations with insurance companies and ensure that you receive maximum compensation. Moreover, if the case needs to be represented in court, they do it on your behalf.
The best part? Some trusted attorneys work on a contingency fee basis. This conveys the meaning that you don’t pay unless they win your case. So, you should connect with them, and this will assist you in getting fair compensation.
Step 5: Notify Your Insurance Company
In Washington, drivers are required to carry liability insurance. So, after an accident, promptly notify your insurance provider and provide them with factual details. However, be cautious when speaking with the other driver’s insurance company—they may try to downplay your injuries or shift blame.
Since the state follows a pure comparative negligence rule, the insurance company may try to assign you a higher percentage of fault to reduce their payout. Therefore, it’s wise to consult a lawyer before making formal statements.
Quick Fact: After accepting any offer from an insurance company, you waive your right to pursue further compensation, even if future medical issues arise.
Step 6: Filing A Personal Injury Claim
If the insurance company’s offer is too low or they deny your claim, your lawyer may advise filing a personal injury lawsuit. Also, you should know that in Washington, the statute of limitations for car accident claims is three years from the date of the crash. Missing this deadline means losing the right to seek compensation.
Damages you may be entitled to include:
- Medical Expenses: Hospital bills, rehabilitation, therapy, medication, etc.
- Lost Wages: Compensation for time off work due to injuries.
- Pain & Suffering: Compensation for emotional distress and physical pain.
- Property Damage: Repairs or replacement of your vehicle.
Your attorney will guide you through this process to ensure you receive fair compensation.
Final Thoughts
Being involved in a car accident is stressful, but understanding your legal rights can make a huge difference in the outcome of your case.
Eventually, if you or someone you know has been injured in an accident, don’t navigate this process alone. You should contact an accident lawyer and discuss your case to protect your rights.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
Meg is an author at Cinnamon Hollow. She writes on a variety of topics sharing tips and ideas for daily life.