- that the negligent party had a duty to the injured party,
- that the negligent party acted contrary to those duties,
- that those actions lead to the injured party becoming injured,
- that a reasonable person could have foreseen this incident, and
- that the injured person has suffered.
Washington’s liability laws vary from some other states because they leave room for contributory fault. Contributory fault is the idea that both parties can share fault. An easy example of this is a car accident.
Determining negligence in a car accident isn’t always cut and dry. Sometimes one person can be mostly at fault while the other person still carries some of the blame. Contributory fault allows each party to be assigned a percentage of fault. For example, one driver can be found 70% at fault while the injured driver might be found 30% at fault. In this case, the negligent driver is only responsible for 70% of the monetary damages.
A Washington personal injury attorney can provide more information about your rights after a car accident.