How to Prove Fault in a Car Accident

Being in a car accident is not only physically painful—it’s also emotionally and financially stressful, particularly when you’re required to prove fault. The uncertainty of navigating legal procedures and handling insurance claims can feel overwhelming.

The aftermath of an accident often involves conflicting accounts, unclear evidence, and uncooperative parties, leaving victims feeling powerless and unsure of how to protect their rights or secure fair compensation.

At McPartland Law Offices, our attorneys are dedicated to easing your burdens. With years of experience in handling car accident cases, we know how to gather essential evidence, analyze police reports, consult expert witnesses, and negotiate with insurance companies to build a strong case on your behalf. If negotiations breakdown, we also have the experience and expertise to file a lawsuit on your behalf, litigate and try a case to an arbitrator or jury.

Our personal injury attorneys are dedicated to offering personalized and compassionate support throughout your journey to help you receive the compensation and justice you deserve. Call us today for a free case review.

What Does It Mean to Be at Fault in a Car Accident?

Washington is a tort state. What this means is motorists who are determined to be at fault for accidents are responsible for paying for damages through their insurance or through a lawsuit.

Washington state operates under a “pure comparative fault” system. Drivers are assigned a percentage of fault and must pay based on their level of blame. In other words, one or more drivers may be deemed responsible for a crash.

For example, to simplify the math, if a motorist is found 10 percent responsible for a $1,000 claim, their share is $100, whereas the other driver would be paying $900.

What is Considered a Not-At-Fault Accident?

Washington considers not-at-fault accidents to be a crash where the driver is not to blame for the accident due to another party’s negligent actions or behaviors.

Types of Not-At-Fault Accidents

The following are common types of not-at-fault car accidents occurring in Washington state.

• Rear-end collisions: In cases where one driver is hit from behind by another motorist, the driver located behind will almost always be to blame; drivers are supposed to follow other vehicles at safe distances to be able to stop before colliding.
• Side-impact crashes: These crashes commonly occur when one driver runs a traffic light or stop sign and collides with another.
• Multi-vehicle accidents: These crashes involve several motor vehicles and typically, the at-fault motorist causes a chain reaction with multiple crashes.
• Left-turn accidents: Drivers making left turns are usually held liable if they do not yield to the right-of-way; exceptions are when oncoming motorists are speeding, disobeying traffic signals, or negligent in other ways.
• Pedestrian accidents: Pedestrians have priority in crosswalks and intersections and drivers must yield; motorists may be found not liable if pedestrians disregard “Don’t Walk” signals or are jaywalking.
• Weather-related accidents: When adverse or wintry weather conditions exist, it is possible that no drivers are to blame; claims can be made under specific types of insurance policies.

Other not-at-fault accidents include mechanical failures (e.g. tire blowouts), road hazards, and medical emergencies. Speak to an attorney who will ascertain if there is fault involved.

Related Article: Rear-Ended in a Car Accident? What to Do Next in WA State

How is Fault Determined After a Car Accident?

Under Washington law, fault is determined by the following elements:

• Negligence
• Violation of traffic laws
• Comparative fault
• Evidence

Your attorney can gather evidence, such as a copy of the police report, photos, videos, a car damage assessment, witness statements, and traffic law violations, to determine who is to blame for a crash.

Why Proving Fault is Important

Proving fault is critical in Washington car accidents. Due to at-fault insurance laws, the higher the percentage of “blame” a driver is assigned, the higher the compensatory damages the at-fault driver’s insurance company will be responsible for paying.

How to Prove Fault of the At-Fault Driver in a Car Accident?

Gathering evidence is an essential component of proving fault in a car accident, especially in a fault state like Washington. Always take the following steps if you are involved in a crash.

• Exchange contact information at the scene of the accident
• Ask for the other driver’s insurance information
• Get a survey of the crash scene
• Take photographs of the accident, including skid marks, red lights, road conditions, injuries, and vehicle damage
• Collect video footage from CCTV cameras or traffic camera footage
• Obtain witness statements
• Perform an accident reconstruction
• Assemble relevant medical records
• Review local traffic laws
• Obtain police reports
• Notify your insurance company; be careful what you say before speaking with an attorney because insurance adjusters will look for ways to minimize their financial responsibility
• Never admit fault

After seeking medical treatment, it is a good idea to call an experienced Washington car accident lawyer. They can handle many of the above steps and won’t overlook anything.

How to Prove You Are Not at Fault in a Car Accident

In many cases, individuals only need to demonstrate that the other driver is at fault. Typically, the responding police officer’s report will clearly indicate the at-fault party, but other factors are sometimes involved.

Note that sometimes a police officer will cite one party or another. Surprisingly to many folks, evidence of citation is not generally admissible in Court. While this is often received as bad news, it is also the case that some of our clients have been cited and we have been able to show that the investigation resulting in citation was erroneous.

Your attorney will know how to manage a car accident investigation to prove the above elements.

What You Need to Prove to Receive Compensation for Your Injuries

Remember, the four elements of negligence come into play in car accidents to prove to an insurance company you were not at fault for a crash. These elements are:

• The other party had a duty of care to adhere to when operating their vehicle (e.g. following traffic laws)
• The negligent driver breached this duty; typically, in car accidents, this means they were committing one or more traffic violations at the time of the crash
• The other motorist’s actions led to the crash
• You suffered injury or property damage in the collision

Related Article: Car Accident No Insurance But The Other Driver Was at Fault?

How Can a Car Accident Attorney Help Determine Fault?

Hiring an experienced car accident attorney is recommended when trying to determine fault. Your attorney can:

• Investigate the crash and gather pertinent evidence
• Use evidence to help by determining fault
• Calculate damages for both economic and non-economic damages
• File a car accident claim to insurance companies
• Negotiate fair compensation from insurance companies

Generally speaking, injury victims tend to get low-balled compensation offers when they do not have a lawyer representing them.

Related Article: Washington Statute of Limitations Guide for Car Accidents

Why Clients Choose McPartland Law Offices for Car Accident Injury Claims

Car accident victims often turn to McPartland Law Offices to provide legal representation because they know they will receive honest legal advice and transparent legal services. Our law firm strictly adheres to our core values of creativity, curiosity, consistency, and courage.

Our attorneys are relentless and will not back down as we pursue justice for every client. Every accident victim deserves fair compensation. To date, our personal injury attorneys have recovered millions of dollars for our clients.

McPartland Law Offices is not focused or interested in turning a quick dollar for our own benefit. Our personal injury law firm strives to do right by every client who entrusts us with their case.

Testimonials

“A few years ago my husband was in a car accident and we were referred to McPartland Law Firm. Brice and his team worked hard on my husband’s case and were always keeping us updated. We had a wonderful experience as clients and we definitely recommend this law firm. McPartland Law Firm is the best firm in Moses Lake!” – Anjelica W.

“Bryce McPartland was very friendly, conscientious, and was a consummate professional throughout our entire process. His knowledge, research, and attention to detail were second to none. I highly recommend McPartland Law Offices for all of your legal needs.” – Larry D.

“I highly recommend McPartland Law. Their expertise, dedication, and professionalism were evident throughout my case. Mr. McPartland and Alex provided clear guidance, communicated effectively, and achieved a fantastic outcome. I couldn’t have asked for better representation.” – Rebecca B.

Get a Free Case Evaluation from Our Car Accident Lawyers Today

The caring and compassionate car accident attorneys at McPartland Law Offices understand the trauma, fear, and uncertainty victims face in the aftermath of a car crash. If you or a loved one suffered injury in a car accident, our personal injury lawyers can investigate to determine fault and advocate on your behalf.

Dealing with the complexities of Washington’s at-fault insurance laws can be daunting. We can help you determine your legal options. To schedule a free consultation, contact McPartland Law Offices. Our phone number is 509-495-1247 or, if you prefer, fill out our online contact form.