Individuals preparing to negotiate for car accident settlements often have questions about how settlements compare to civil litigation, and what attempting to resolve a claim out of court might mean for their case. One question we sometimes hear at Herschensohn Law PLLC is, “Are car accident settlements public record?” The answer to this question is usually no; car accident settlements and the negotiations that lead to them are usually private. However, any motions or pleadings submitted to the court by either party will belong to the public record, as will any activity that takes place in court. If you have privacy concerns or other questions about car accident settlements, call our office at (206) 222-9553 today to schedule a consultation with an experienced Washington State lawyer to discuss your situation.
When Is a Car Accident Case Public Record?
Court filings are generally public record, with certain limited exceptions pertaining primarily to matters involving minors, especially in criminal cases. Settlements that are agreed on by the parties to a case are usually considered private contracts. If there is a case number already assigned in the Washington State courts, then an out-of-court resolution will be marked with a Notice of Settlement entry in the case record, but in most instances, the specific terms of the agreement will not be outlined in the way that applies to the formal orders entered when the final decision in the case is made by the judge.
Summary of Car Accident Settlements
Car accident settlements in Washington State are generally private agreements, while court filings and courtroom proceedings are typically part of the public record.
- Car accident settlements reached outside of court are usually treated as private contracts, although a case docket may note that a settlement occurred.
- Washington follows a pure comparative fault system under RCW 4.22.005, which can reduce damages based on a plaintiff’s share of responsibility but still allows recovery even when fault is shared.
- Trials, whether decided by a jury or a judge, result in public records that may include verdicts, findings of fact, and findings of law.
This information is commonly addressed in the context of Washington personal injury and car accident matters handled by Herschensohn Law PLLC.
How Are Most Car Accident Claims Resolved?
Although it is far from unusual for a car accident victim to file a claim in court, particularly when he or she is having difficulty getting fair or even clear responses from the other party’s insurance provider, the reality is that a majority of car accident claims are resolved via settlement. Usually, car accident victims want the money they are owed as compensation sooner, rather than later, so that they can begin using it to begin paying for their medical expenses and repair bills resulting from the accident. In some cases, they may also be seeking compensation for loss of income due to their injuries, or for the estimated long-term costs of ongoing treatment related to pain or disability as a result of the injuries sustained in the accident.
The party responsible for the accident, meanwhile, often wants to avoid the protracted legal expenses involved in a trial, especially when combined with the possibility of an unfavorable judgment. Even personal injury lawyers fully devoted to a vigorous pursuit of their clients’ right to compensation will often take considerable pains to explore every option for a settlement before proceeding to litigation, and in some cases even after litigation has commenced.
How Does the Contributory Fault Principle Affect Car Accident Settlements in Washington State?
Jurisprudence in the United States is divided into two main approaches to the apportionment of responsibility in tort cases sounding in negligence:
- Contributory negligence (also sometimes called contributory fault)
- Comparative fault (also sometimes called comparative negligence)
The laws in each state determine which principle will be applied in civil cases tried in its courts.
Blameless Plaintiffs: The Contributory Negligence Principle
The first approach prohibits (or “bars”) plaintiffs in negligence cases from recovering compensation in cases where they are responsible for any portion of the fault for the accident and its ensuing damages. Since it is very difficult to find a situation in which the person who was injured by someone else’s negligence could not have responded more efficiently in some way, on some level, most states recognize the contributory fault standard as being a little too draconian to suit the practical function that, as the Legal Information Institute (LII) explains, personal injury cases are intended to serve.
Human Error: Recognizing Comparative Fault
States that do not operate under the contributory negligence paradigm can be subdivided according to how they handle cases in which the plaintiff in a personal injury case predicated on negligence is held at least partially responsible for his or her own damages. These two subcategories are:
- Pure comparative fault: The plaintiff may recover damages if the verdict is in their favor, regardless of the degree to which their own negligence contributed to those damages.
- Modified comparative fault: Plaintiffs who are partially responsible for their own injuries may recover damages as long as their share of fault does not exceed half of the total responsibility.
Some states that use the modified comparative fault rule set the threshold at 50% of the total responsibility; others take a 51% share in the responsibility for damages as the cut-off point for recovering compensation. In both pure and modified comparative fault states, it is typical for the amount a plaintiff can recover to be adjusted to reflect the apportionment of fault. An attorney with Herschensohn Law PLLC may be able to walk you through some examples of what this structure looks like in practice.
Proportionate Adjustments: Implications for Car Accident Settlements
Washington follows a fairly standard rule in this respect; RCW 4.22.005 requires that the damages awarded by a court be reduced by the same percentage the plaintiff contributed to their own injuries. Thus, a plaintiff who prevails in court but is found to hold 35% of the responsibility for his or her own injuries will see the total amount of the damages reduced by 35%, and a plaintiff in the same situation whose negligence contributed only 12% of the fault will receive 88% of the total damages.
Washington differs from many other states in that it is a “pure” comparative fault state. Because the defendant may be obligated to pay a substantial sum if the plaintiff wins in court, even if the defendant is assigned only a minority of the fault for a car accident, defendants have a strong incentive to work toward car accident settlements. They also have an incentive for building arguments aimed at reducing their apportioned share of responsibility.
Public Record vs. Private Negotiations: Who Apportions Fault?
In car accident cases that are decided through trial, rather than by settlement, the jury will be responsible for assigning a percentage of fault to each of the parties involved, following detailed instructions given by the judge before the jury’s deliberations. Jury deliberations are not normally part of the public record, although of course the verdicts are. Some personal injury cases do end up being handled as “bench” trials, meaning that no jury is convened and the judge acts as the “trier of fact” to decide the outcome of the case.
Public Record in Jury vs. Bench Trials
In these instances, Washington Superior Court Civil Rules, Rule 52, requires the judge to make specific findings of fact and of law. This requirement means that judges must explicitly state, in issuing the court’s decision, the facts of the case that have led to their determination regarding fault, and the laws they are applying to determine what those facts must mean for the outcome of the case under Washington law.
The explicit exposition of “findings of fact” and “findings of law” will be a part of the public record in any case where they are entered. Deliberations in a jury trial are generally not recorded and therefore may not offer the same level of detail for someone not in the room to review, but the verdict the jurors return may become part of the public record in the same way as the judge’s decision.
Negotiating Responsibility in Car Accident Settlements
Everything that takes place in a courtroom is part of the record, in addition to all of the filings entered by either party as part of the proceedings. All of the arguments advanced by either side to show why one party or the other deserves a greater or lesser share of responsibility for a car accident are captured in real time by a court recorder. In the negotiations that take place in attempting to reach car accident settlements, none of these rules apply. The parties (or their attorneys, for those who work with professional counsel) may decide to use recording equipment to document their discussions in case they, at some stage, wish to refer back to a point made earlier in the discussion, or they may simply take notes as they go.
Regardless of how the parties negotiating a car accident settlement document their process, those notes or recordings belong to the parties, not to Washington State. Even if the parties are unable to reach an agreement and go back to trial, as a general rule, the parties will retain whatever records of their negotiations they have created. Only the legal filings (e.g., motions, pleadings), exhibits entered into the record as evidence, and proceedings that take place in the courtroom will become available through Washington’s Case Search portal.
Talk to a Washington State Car Accident Lawyer
Usually, the details of car accident settlements in Washington State are not part of the public record. How much privacy a settlement negotiated out of court will afford in a particular circumstance may depend on factors beyond the terms of the settlement itself. Car accident settlements that are reached before litigation, or in the early stages of the process, are more likely to protect a greater measure of privacy for both parties; car accident settlements that are reached after trial is under way may be private in and of themselves, but the court proceedings that took place before the parties reached agreement will still be in the public record.
The system by which Washington law handles apportionment of fault in personal injury cases means that the parties have a significant incentive to enter evidence and advance arguments for how responsibility for car accidents should be “split,” not just for whether the plaintiff deserves some measure of compensation. Reach out to Herschensohn Law PLLC to schedule a private consultation to discuss your concerns. Call (206) 222-9553 to set up a time.
Helpful Frequently Asked Questions About Car Accident Settlements
Read below to find some of the most frequently asked questions regarding how car accident settlements are entered into the public record.
Are Car Accident Settlements Public Record in Washington State?
Car accident settlements are usually not part of the public record because they are considered private agreements between the parties. However, if a lawsuit has been filed, the court docket may reflect that a settlement occurred without disclosing its specific terms.
What Parts of a Car Accident Case Become Public Record?
Motions, pleadings, exhibits entered into evidence, and courtroom proceedings generally become public record. Negotiations and settlement discussions that occur outside of court typically remain private.
Does Filing a Lawsuit Make a Settlement Public?
Filing a lawsuit creates a public case file, but it does not automatically make the settlement terms public. In most cases, only a notice indicating that the matter was resolved will appear in the court record.
How Are Most Car Accident Claims Resolved?
Many car accident claims are resolved through settlement rather than trial. Settlement may allow parties to address medical expenses, property damage, and other losses without the time and expense associated with extended litigation.
What Is Comparative Fault Under Washington Law?
Washington applies a pure comparative fault rule, meaning damages may be reduced in proportion to a plaintiff’s share of responsibility. Even when a plaintiff is partially at fault, recovery may still be available, adjusted to reflect that percentage.
Who Decides Fault if a Car Accident Case Goes to Trial?
In jury trials, jurors assign percentages of fault based on the evidence and legal instructions. In bench trials, the judge determines fault and must issue written findings that become part of the public record.
How Can Herschensohn Law PLLC Assist With Car Accident Settlement Questions?
Attorneys at Herschensohn Law PLLC could help clarify how privacy, public records, and comparative fault principles may apply to a specific car accident matter. Consider visiting with an experienced attorney at Herschensohn Law PLLC to learn more about available legal options under Washington law.
