Archive for comparative fault

Rideshare Accidents in Washington: Who’s Liable—Driver, Company, or You?

Rideshare Accidents in Washington: Who’s Liable—Driver, Company, or You?

Rideshare services like Uber and Lyft are convenient, but when an accident happens, things can get complicated fast. You may find yourself asking, “Who’s responsible—my driver, the rideshare company, or me?”

In Washington State, liability depends on who was driving, what they were doing at the time, and whether the rideshare app was active. That’s where many people get stuck. Knowing your rights and what steps to take can make all the difference after a rideshare accident.

When the Rideshare Driver Is at Fault

If your rideshare driver caused the crash, their personal auto insurance may not be enough to cover the damages. Luckily, Washington law requires rideshare companies to carry commercial insurance. When the app is on and a ride is accepted, Uber and Lyft provide up to $1 million in liability coverage.

That coverage kicks in as soon as the ride is in progress—even if the passenger hasn’t been picked up yet. If you’re injured during that window, you’re covered by the company’s insurance, not just the driver’s.

What If Another Driver Hits You?

If a third party—like another car on the road—is at fault, that driver’s insurance is typically responsible. But again, Uber and Lyft have uninsured and underinsured motorist coverage for their riders and drivers. This means you may still be able to recover damages if the at-fault driver lacks proper coverage.

The issue often lies in proving fault. That’s where evidence from dash cams, police reports, and eyewitness accounts can make or break your claim.

What Happens If the App Was Off?

If the rideshare driver wasn’t logged into the app, they’re not considered “on the job.” In that case, their personal insurance is the only coverage available. You’d handle the accident the same way you would with any private driver.

That’s why it’s important to confirm whether the app was active. Rideshare companies aren’t liable unless their system shows the driver was online.

Multiple Parties, Multiple Insurers

Sometimes more than one person shares the blame. Maybe the rideshare driver was distracted, and another vehicle ran a red light. In these cases, multiple insurance companies might be involved.

Washington follows a comparative fault system. That means each party pays based on their percentage of fault. If you’re found 10% responsible, your total recovery is reduced by that amount.

What You Should Do Immediately After an Accident

  • Call 911. Make sure injuries are treated and a report is filed.
  • Take photos of the vehicles, road conditions, and any visible injuries.
  • Get contact information from all parties, including witnesses.
  • Request a copy of the police report.
  • Document your rideshare app activity, including ride details and driver info.

Don’t assume the rideshare company will handle it all. Their priority is limiting their own liability.

Common Injuries in Rideshare Crashes

  • Whiplash and soft tissue injuries
  • Broken bones
  • Head trauma or concussions
  • Spinal cord injuries
  • Emotional distress

Even a low-speed collision can lead to long-term pain and expenses. Keep all medical records and track how your life has been affected.

Why These Cases Are Legally Complex

Rideshare liability isn’t simple. You’re dealing with a mix of corporate insurance, personal insurance, app usage logs, and state law. And if you’re a pedestrian or cyclist injured by a rideshare driver, the situation adds another layer of complexity.

You need to understand your rights clearly—before signing anything or accepting a payout.

Filing a Premises Liability Claim After a Slip-and-Fall at a Grocery Store

Filing a Premises Liability Claim After a Slip-and-Fall at a Grocery Store

Slip-and-fall accidents in grocery stores happen more often than you think. A spilled drink, wet floor, or broken tile can turn a simple shopping trip into a serious injury. When this happens, you may have grounds to file a premises liability claim in Washington.

Common Causes of Slip-and-Fall Accidents in Grocery Stores

Grocery stores have a legal duty to keep their premises reasonably safe. But hazards still show up. Here are some of the most common:

  • Spilled liquids in aisles
  • Freshly mopped floors with no warning signs
  • Loose floor mats or torn carpeting
  • Leaking freezer units
  • Cracked or uneven pavement near store entrances

If staff fail to clean up or warn you about these dangers in time, the store could be held responsible for your injuries.

Proving the Store Was at Fault

To win a premises liability case, you need to show:

  1. The store had a duty to keep the premises safe.
  2. They knew (or should have known) about the dangerous condition.
  3. They failed to act in a timely or reasonable way.
  4. You were injured as a result.

This usually comes down to proving the store had “constructive notice” — meaning the hazard was present long enough that staff should have spotted and fixed it.

What Evidence Helps Your Case?

Gathering solid evidence after the fall can make or break your claim. Here’s what helps:

  • Photos or video of the hazard
  • Incident report from the store
  • Witness statements
  • Medical records linking the fall to your injury
  • Security footage (request it immediately — stores often delete it within days)

What If You Were Partially at Fault?

Washington follows comparative negligence laws. That means if you were partly responsible (like ignoring a warning sign), your compensation may be reduced. But you can still recover damages as long as the store was more at fault than you.

Time Limits for Filing

In Washington, the statute of limitations for personal injury claims — including slip-and-falls — is three years from the date of the injury. Waiting too long could cost you the chance to recover anything.

Injuries That May Qualify for a Claim

Some injuries from a grocery store fall may seem minor at first but get worse over time. Common ones include:

  • Broken wrists or hips
  • Head trauma or concussion
  • Back or neck injuries
  • Knee damage
  • Internal bruising

Always seek medical attention, even if you feel okay. A doctor’s evaluation creates a record that supports your claim.

Pedestrian Hit by Car in Washington Crosswalk: What You Need to Know

Pedestrian Hit by Car in Washington Crosswalk: What You Need to Know

Pedestrian accidents in Washington State are unfortunately common, especially in marked and unmarked crosswalks. While state law requires drivers to yield to pedestrians, thousands are injured each year due to negligence, distraction, or failure to observe traffic rules.

This article explores the legal responsibilities of drivers, the protections afforded to pedestrians, and the rights of those injured while crossing the street in Washington.

What Does Washington Law Say About Crosswalks?

Under RCW 46.61.235, drivers in Washington are legally required to stop for pedestrians within both marked and unmarked crosswalks at intersections. A failure to yield can lead to severe injuries and legal consequences. The law prioritizes pedestrian safety, placing a duty on drivers to remain alert and responsive.

Common Causes of Crosswalk Accidents

While crosswalks are intended to provide a safe zone for pedestrians, accidents still occur due to:

  • Distracted driving (such as texting or eating)
  • Speeding near intersections
  • Failure to yield while turning
  • Poor visibility or weather conditions

Even when pedestrians follow traffic signals, drivers may still fail to stop or slow down, causing life-altering harm.

Injuries Often Seen in Pedestrian Accidents

Unlike passengers in vehicles, pedestrians have no physical protection when struck. Common injuries include:

  • Broken bones
  • Traumatic brain injuries
  • Spinal cord damage
  • Internal bleeding
  • Long-term mobility issues

Many victims require months or even years of treatment and may never fully recover.

Understanding Legal Liability

In most cases, the driver who failed to yield is considered at fault. However, liability may also be shared if road conditions, visibility issues, or other contributing factors are involved. Washington follows a comparative fault model, meaning that even if a pedestrian is found partially responsible, they may still recover compensation.

In rare cases, the municipality may bear some responsibility if a crosswalk was poorly marked or if traffic control devices were missing or defective.

Wrongful Death in Crosswalk Accidents

When a pedestrian is killed, family members may pursue a wrongful death claim. This civil action allows survivors to seek compensation for funeral expenses, loss of companionship, and financial support the deceased would have provided. Washington law permits certain relatives to file such claims within a defined timeframe.

Statute of Limitations in Washington

Most personal injury and wrongful death claims related to pedestrian accidents must be filed within three years from the date of the incident. Failing to file within that window typically means the case cannot proceed in court.

Why Documentation Matters

Proper documentation is essential. Pedestrians involved in an accident should, when possible:

  • File a police report
  • Seek immediate medical attention
  • Take photos of the scene and any injuries
  • Collect witness information

Medical records, photos, and witness statements often become key evidence in determining fault and damages.