Who Is Liable If a Third Party Causes an Accident?

An accident happens in an instant, but the consequences can be long-lasting and extensive. Under Washington’s fault-based injury laws, a car accident victim can recover their accident-related damages, like medical expenses, lost wages, and compensation for pain and suffering, as well as property damage costs, by filing a claim against the responsible party.

But first, the injury victim must prove the at-fault party’s liability. Sometimes, this is a straightforward matter, with one driver clearly at fault for the other driver’s damages, but what if a third party causes or contributes to the accident? Who bears liability in car accident cases with third-party involvement?

Learn about third party car accidents from the Kent car accident lawyers at Caffee Accident & Injury Lawyers.

Common Third Parties In Washington Car Accident Claims

Most accidents result from one driver’s negligence. As a legal term, negligence refers to careless, reckless, or wrongful actions. But sometimes another party causes or contributes to a car accident in Washington.

Common third parties in car accident claims include the following:

• A third-party driver, for example, if a driver sideswipes another car and causes it to veer into another vehicle in a collision
• A negligent road maintenance agency, such as one that left a dangerous pothole
• A negligent road construction contractor who placed a dangerous obstacle or left debris in the road
• A road planning agency that designed a confusing intersection
• The manufacturer of a defective car part or tire

When a third party causes an accident, they may be fully liable or partly liable for the damages, depending on the results of the investigation under Washington’s pure comparative negligence laws.

How Does Washington’s Pure Comparative Negligence Law Work In Third-Party Car Accident Claims?

Under Washington RCW 4.22.070, the law states the following:

“The trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages…”

In other words, the involved insurance companies investigate all aspects of a Washington car accident and assign a percentage of fault to all parties who caused or contributed to the accident. An injury victim can recover compensation from all responsible parties, based on each party’s percentage of fault.

Even if the injury victim contributed to the accident, they may still recover compensation, but the insurance company subtracts the injury victim’s percentage of fault from the amount they recover in their claim.

For example, if an injury victim is 20% at fault for the accident and has $100,000 in damages, they may still recover $70,000 from the at-fault party or parties, including a third-party who contributed to the accident.

Proving Liability In Third-Party Accident Claims

Insurance companies exist to make profits, which means the company’s goal does not align with an injury victim’s objective to obtain the maximum compensation for their damages. When insurers assign adjusters to investigate, their goal is to minimize their policyholders’ percentage of liability.

An accident victim’s attorney conducts an independent investigation of the accident to recover the maximum compensation available based on all liable parties.

A skilled attorney documents evidence, presents demand packages to the insurance companies of at-fault parties, and assertively negotiates to obtain the largest possible settlement for their client.

Contact us to further discuss your injury and learn more about recovering compensation.