The law of personal injury involves accidents and injuries suffered by victims as a result of a person or entity failing to use due care and caution for the safety of others. The overwhelming majority of such cases involve negligence. The most common types of personal injury cases involve motor vehicle accidents, slip-and-falls, trip-and-falls, medical malpractice, and construction accidents. What comes to issue in any of these cases is who is liable to pay damages. Also at issue is whether the person claiming personal injury shared fault for the accident. That is what’s known as the law of comparative negligence.
The law in the State of Washington requires a motorist to maintain control of his or her vehicle at all times. In order to reduce accidents, the Revised Code of Washington section 46.61.400 requires drivers to operate their vehicles at speeds that are reasonable and prudent given traffic and road conditions. When broadly interpreted, section 46.61.400 can apply to just about any motor vehicle accident that occurs in Washington.
The law of comparative negligence is often used by defendants as a partial defense to a personal injury claim. That law is controlled by the Revised Code of Washington section 4.22.005-015. For example, a person might have been traveling 40 mph in a 30 mph zone when the defendant turned left in front of him or her. Had the claimant been traveling at the speed limit, the accident might not have happened. If a jury holds the claimant 30 percent at fault for the accident, his or her damages will be reduced by 30 percent.
Compensation Sends a Message
People who are injured or lose family members as a result of the carelessness and negligence of somebody else deserve to be compensated for their losses. When a victim is compensated, that sends a message to others to remind them about their responsibilities and behavior.
If you were injured or lost a family member through the fault of somebody else in Vancouver, Washington, or anywhere else in the State of Washington, you’ve become an involuntary victim in a sophisticated legal situation. You’ll need experienced and effective legal representation. Don’t let the opposing insurer try to take control of your case by obtaining a statement or authorization from you. Contact a Vancouver WA injury attorney right away for a free consultation and case review. We’ll advise you of all of your legal options.