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Being involved in a car accident is a traumatic experience, but the situation becomes even more stressful when the other party flees the scene. In Washington State, hit-and-run accidents are taken seriously, carrying severe legal consequences for offenders. For victims, however, obtaining fair compensation can be a complex process. Washington’s comparative negligence laws play a significant role in determining how fault is assigned in these cases, influencing the amount of compensation victims may receive.
This blog explores how Washington’s comparative negligence laws impact hit-and-run cases and why seeking assistance from experienced Personal injury attorneys can help you navigate these legal complexities.
Washington operates under a “pure comparative negligence” system, which means that individuals involved in an accident can recover compensation even if they share a portion of the fault. However, their recovery is reduced by their percentage of fault. For example, if a driver is found to be 20% at fault for an accident and their total damages are $100,000, they can only recover $80,000.
This system allows for a fair distribution of responsibility and compensation but can complicate cases involving hit-and-run drivers. Since the fleeing party is not immediately available to explain their side, establishing fault and recovering damages can become more challenging.
In a hit-and-run accident, the fleeing driver is often presumed to be at fault for leaving the scene. However, their absence does not absolve the other party from being evaluated for fault under Washington’s laws. Comparative negligence may still apply if the victim contributed to the accident in any way.
Imagine a driver is rear-ended by another vehicle that subsequently flees the scene. If it’s discovered that the victim had suddenly braked for no reason, they may bear some percentage of fault for the collision. While the fleeing driver is likely primarily at fault, the victim’s compensation could be reduced based on their contributory negligence.
Hit-and-run cases pose unique challenges for victims because the responsible driver is often unknown or unavailable. To recover damages, the victim must rely on other evidence to prove fault and justify their compensation claim. This process often involves:
Working with skilled hit-and-run accident attorneys can ensure that all necessary evidence is gathered and presented effectively.
If the hit-and-run driver is not located, victims may need to rely on their own insurance policies for compensation. In Washington, uninsured/underinsured motorist (UM/UIM) coverage can provide relief in such situations.
UM/UIM coverage is designed to protect drivers when the at-fault party cannot be identified or does not have sufficient insurance to cover the damages. This coverage can help pay for medical expenses, property damage, and other losses.
However, even when dealing with your own insurance provider, disputes over fault and compensation amounts may arise. Insurance companies often attempt to minimize payouts, making it crucial to have a personal injury attorney on your side to advocate for your rights.
Navigating the legal and insurance processes after a hit-and-run accident can be overwhelming, especially when comparative negligence comes into play. Here’s how experienced car accident lawyers can assist:
Hit-and-run cases demand a thorough understanding of Washington’s comparative negligence laws and the ability to navigate complex legal and insurance issues. Local attorneys in Olympia bring valuable experience and knowledge to these cases, ensuring victims receive the support and compensation they deserve.
By working with a qualified attorney, you can focus on healing while they handle the legal aspects of your case. Whether you need guidance on filing an insurance claim, negotiating a settlement, or pursuing litigation, personal injury attorneys are equipped to advocate for your rights.
Hit-and-run accidents are emotionally and financially devastating, but victims should not have to bear the burden alone. Understanding how Washington’s comparative negligence laws affect these cases is crucial for protecting your rights and securing the compensation you deserve.
If you or a loved one has been involved in a hit-and-run accident in Olympia or elsewhere in Washington, don’t wait to seek legal assistance. Contact experienced car accident lawyers to guide you through the process, hold the responsible party accountable, and ensure you receive the compensation needed to move forward.
