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Washington Intersection Accident Lawyer
A crash at an intersection can leave you hurt, confused, and unsure about who is responsible. Was the other driver supposed to stop? Did they run a red light? Who had the right of way? These questions matter because fault helps determine who may recover compensation.
A Washington intersection accident lawyer can sort through the evidence and represent your interests in a disputed claim. In this guide, we’ll address the most common questions surrounding an intersection crash. Read on to learn more about how to determine who is at fault, what forms of compensation are available, and how a right-of-way accident lawyer can assist you.
Who Is at Fault in an Intersection Accident?
Deciding who is at fault in an intersection accident often turns on a critical inquiry: who had the right of way and whether either driver violated a traffic rule. Washington law clearly spells out many right-of-way rules. When a driver breaks one of these rules and causes a crash, that driver is at risk of being held responsible.
One Washington rule provides that when two vehicles reach an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right. Several other statutes are particularly important.
Traffic Signals
Under Washington law, every driver must obey any official traffic control device to which they are subject, including stoplights. Virtually every driver knows what each stoplight color means, but it’s worth reviewing the legal definition. A steady red light means you must stop before entering the intersection, usually at a specific line or crosswalk. A green light means you may proceed, provided you yield to vehicles that are already in the intersection. You must also yield to pedestrians who are lawfully walking through a crosswalk. Finally, a steady yellow light is a warning signal that the green movement is ending, and a red light will appear immediately after, giving you time to exit the intersection before the light turns red.
Stop and Yield Signs
Drivers approaching a stop sign must halt at the marked stop line. If there isn’t a marked stop line, then drivers must stop before a crosswalk or, if there is none, at a point outside the intersection where they can see approaching traffic. Any driver approaching a yield sign must slow down or stop completely if necessary before entering the intersection. Drivers approaching a yield sign must give the right of way to oncoming vehicles. Driving past a yield sign without stopping can be prima facie evidence of a failure to yield if the driver then collides with a vehicle in the intersection.
Left Turns
A driver turning left at an intersection must yield to oncoming vehicles if they are close enough to create an immediate hazard. This rule also applies to drivers turning into an alley or a driveway.
A violation of any of these rules can be evidence of fault. However, the right of way is not always held by one driver in every circumstance. Rather, it is a set of competing duties that applies to all drivers. Even the driver with the right of way must exercise ordinary care to avoid a collision. That means fault in an accident is not always determined automatically. Police, insurers, and courts all consider the full circumstances surrounding each collision, including speed, visibility, environmental conditions, and each driver’s actions. These variables help explain why intersection crashes can turn into lengthy legal disputes.
What Makes a T-Bone Intersection Accident So Dangerous?
A T-bone intersection accident, also called a broadside or side-impact crash, occurs when the front of one vehicle collides with the side of another in an intersection. These crashes can occur when a driver runs a red light, a stop sign, or a yield sign. One can also happen when a driver turns left into oncoming traffic.
Intersection collisions can involve commercial vehicles as well; if your crash involved a heavy commercial truck, consulting a Seattle truck accident lawyer can help protect your rights against powerful trucking companies and insurers.
Side impacts can be uniquely dangerous because car doors typically offer less protection than the front or rear of a vehicle. Modern cars have crumple zones, airbags, and reinforced frames at both ends. In contrast, the sides of a car offer less space between an occupant and the striking vehicle.
Common injuries from a t-bone intersection accident include:
- Traumatic brain injuries;
- Fractured ribs, hips, and pelvises;
- Neck and spinal injuries;
- Internal organ damage; and
- Arm and shoulder injuries.
Because these injuries can be severe and expensive, insurance companies may fight to shift blame onto you in the aftermath of this kind of crash. It’s vital to have an attorney on your side to investigate the crash and respond to unsupported claims about fault.
What Can Lead to a Failure to Yield Intersection Crash?
A failure to yield at an intersection crash can occur after several common scenarios. Some examples include situations where:
- A driver runs a red light and strikes cross traffic;
- A driver rolls through a stop sign without stopping;
- A driver stops at a stop sign but pulls out in front of cross traffic that is too close;
- A turning driver cuts across oncoming traffic instead of waiting for a safe gap; and
- A driver turns left on a green light without yielding to oncoming traffic.
A failure to yield may be evidence of negligence, but it does not automatically establish fault in a civil personal injury claim.
Nonetheless, fault disputes remain common. The parties can dispute who is at fault due to disagreements over the circumstances. For instance, the other driver may claim that the light was yellow rather than red, or that you were speeding. Having a skilled Washington intersection accident lawyer at your side can help you investigate and respond to these claims.
How Is Intersection Accident Fault in Washington Divided If More than One Party is Responsible?
Not every crash has one clear cause. Sometimes, both drivers made mistakes that led to the crash. In those situations, assessing intersection accident fault in Washington gets more complicated.
Washington follows a pure comparative fault rule. That rule states that an injured person’s own fault proportionately reduces their compensation, but will not bar recovery. Here’s how that works. Suppose you suffer $200,000 in damages from an intersection accident. After a trial, a jury finds that the other driver was 80% at fault because they ran a red light. However, the jury also finds you 20% at fault because you were speeding. That means you could still recover $160,000.
This rule matters for two reasons. First, you should not assume that you have no claim just because you may be partially to blame. Second, you can expect the other side to argue that you share more of the fault or are primarily responsible. The higher your percentage of fault, the more your potential recovery may be reduced. Having a lawyer to represent your interests can help you challenge any fault allocation that the evidence does not support.
What Kinds of Evidence Prove Fault in an Intersection Crash?
Intersection crashes leave potential clues. These can include the following:
- Police reports. Officers who respond may document the scene and interview both drivers. They may also issue citations, which can be important to the investigation.
- Witness statements. Obtaining the contact information for witnesses who saw the crash is vital, as are documents that record their recollections of the event.
- Traffic camera footage. Many Washington intersections have cameras. However, footage may not be retained for long, so it’s essential to submit requests to the relevant record holders early.
- Signal timing data. Many cities keep records of signal timing plans. This data can help analyze the drivers’ accounts of who had the right of way.
- Event data recorders. Modern vehicles can often record speed, braking, and other vehicle data in the seconds leading up to a crash.
- Physical evidence. Skid marks, vehicle damage patterns, and debris fields can help accident reconstruction experts determine what happened.
An experienced right-of-way accident lawyer knows how to request and preserve this evidence before it disappears. Once witnesses have left and the footage has been overwritten, it can become harder to prove your case.
What Types of Compensation Can You Recover in Washington?
If another driver’s negligence caused your intersection crash, you can pursue several types of damages:
- Medical expenses. This includes things like emergency care, surgeries, and therapy. It can also encompass future treatments.
- Lost wages. This includes wages you lose because of the work you miss immediately after the accident. It can also include lost earning capacity due to long-term disability and pay reductions resulting from a move to a different position.
- Property damage. The most obvious form of property damage is automobile damage, regardless of whether your vehicle is a total loss or not. You may also be able to recover compensation for damaged items inside the vehicle.
- Pain and suffering. As the name suggests, damages compensate you for the physical pain that stems from the accident. This is a noneconomic form of damage so the value can vary widely.
- Emotional distress. The law allows you to recover damages for the emotional harm caused by the accident. For this kind of recovery, it’s especially important to have clear evidence supporting your claims.
Some forms of compensation are more difficult to recover than others. However, it’s always important to have documentation supporting your claims for damages. That’s why you should always keep records of all of your medical expenses and other losses.
How Can a Washington Intersection Accident Lawyer Help?
A Washington intersection accident lawyer can help level the playing field for you after a disputed accident. You can expect insurers to assign experienced adjusters to your claim. Always remember that those adjusters work for the insurance company, not you.
A right-of-way accident lawyer can help you in several key ways, including:
- Helping to investigate the crash and preserve footage, signal data, and witness accounts;
- Assessing fault by applying Washington right-of-way laws;
- Calculating the full value of your claim, including future damages; and
- Handling communications with insurers, other drivers, and opposing counsel; and
- Filing suit and taking your case to trial if required.
In addition, an experienced and empathetic accident lawyer can listen to your concerns and address your questions.
Let Our Firm Help Protect Your Rights
At Brett McCandlis Brown & Conner, we bring more than 40 years of combined experience to injury claims. While we cannot guarantee any particular outcomes, we promise to apply our experience and ability on your behalf.
Before we accept your case, we explain what you can realistically expect, including the strengths and weaknesses of your claim, so that you can make informed decisions about your options.
Let us give you the support and assistance you need to protect your rights after an accident. Call us today or contact us online.
Legal References Used to Inform This Page
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