Hurt in an intersection accident? Here’s how to understand who’s at fault in Washington state

To understand who is at fault in your intersection accident, you must start by understanding how fault and negligence work for car accidents.

Negligence and fault are two legal terms we use to describe situations like intersection accidents. Negligence is the principle in which one person or party’s mistake, reckless action, or failure to take a certain precaution causes harm to someone else. In cases like car accidents, there are laws that define what’s reckless or negligent, like speeding, driving drunk, or failing to keep a lookout.

However, intersection accidents are rarely cut and dried. Simple (but frequent) driver mistakes like speeding through a yellow light (even just a few miles per hour over the limit) can result in you sharing some blame for the crash.

Fortunately, Washington state follows a comparative fault system. That means you can still hold the person who hurt you accountable even if the accident was partially your own fault—but your return will be diminished by whatever percent you’re found to be liable. For example, if you were found to be 20% at fault for a car accident, and your settlement would have been $50,000, you would be eligible to collect $40,000.

How does fault work in intersection accident claims and personal injury lawsuits?

To have a personal injury claim, you need to be able to prove four things:

1. Duty: The at-fault person had a responsibility to follow traffic laws and not cause you harm
2. Breach: The at-fault person failed to act safely, whether that’s because they ran traffic lights, were texting and driving, driving under the influence, or some other reckless action
3. Causation: That the at-fault person’s negligence caused you serious injuries or harm
4. Damages: You suffered injuries or harm as a result of their negligence (this harm is known as “damages”)

This process might sound relatively straightforward, but in reality, a legal claim can be extremely complicated. Proving that someone hurt you often involves going up against insurance companies that don’t care about what’s right, just protecting their own wallets. That’s why people hurt in intersection accidents hire a personal injury to fight for them instead of trying to negotiate a settlement themselves.

What is used to prove fault in intersection car accidents

When you’re hurt in an intersection accident, a “he said, she said” narrative will not be enough to go on if you want to file a successful claim or lawsuit. You need evidence that proves your story.

In fact, the police, your lawyer, the insurance companies, and anyone else with an interest in your car accident case will look at the factors that prove breach, causation, and damages. Depending on what happened in the car accident, this can include:

• Witness testimony
• Security camera footage that showed reckless actions or driver error
• Traffic report
• On-board log system, if it’s available
• Pictures of the scene of the crash
• Pictures of your damaged vehicle
• Medical records
• Medical bills
• Doctor’s notes
• Records of missed days of work
• Expert testimony
• Other pieces of evidence, depending on what happened to you