Obtaining Money for a Car Accident in Seattle requires Establishing Negligence

According to an August 2017 article in the Seattle Patch, a fatal crash on an August morning may have caused significant delays in South Seattle. The accident happened near South Fidalgo Street and Avenue South. This area is just north of the 1st Avenue South Bridge where SR 99 is connected to Marginal Way.

Police said a 44-year-old man operating a motorcycle collided with a Honda Civic near 1st and Fidalgo. The motorcyclist died at the scene after he was ejected from the motorcycle. The other driver, a 29-year-old driver, was not impaired, according to police.

The facts of the accident, including who is at fault, are not known. Police did not say if they were continuing the investigation. It is not known if the motorcyclist’s family will file a personal injury lawsuit because of his death.

A car accident claim involves suing a negligent driver who caused a car accident. An accident victim seeks money to cover injuries related to the accident. For instance, they may have a broken arm from the accident. They have to miss work and go to the hospital because of their injury. The accident victim could file a lawsuit to obtain damages like lost wages and medical bills from the negligent driver.

Does a Driver have to be Negligent to Receive Money in a Seattle Accident?

Yes. The foundation of a personal injury accident involves negligence. To file a lawsuit, the other driver must be at fault for the accident. An accident victim does not have to prove fault when they file a claim, but at trial.

Plaintiffs in Seattle Need to Prove Negligence in a Car Accident Lawsuit

An accident victim, typically known as a plaintiff, must establish negligence in a personal injury claim. Personal injury negligence involves the failure to do something a reasonable person would do in the same and/or similar circumstances. For instance, a reasonable person would have stopped at a stop sign. However, the defendant, or driver who caused the accident, did not stop at the stop sign and caused the accident.

To establish negligence in court, a plaintiff must show:

  1. The defendant had a responsibility to protect the plaintiff from harm. This is a legal duty. All driver’s have this duty to all other drivers
  2. The defendant violated their legal duty to protect the plaintiff from harm by doing something that caused an accident
  3. The defendant either directly or indirectly caused the plaintiff’s injuries
  4. The plaintiff is owed damages from the defendant because of the damage they’ve caused

Premier Law Group will Prove Your Car Accident Negligence Case in Seattle

You need money to cover your car crash injuries. The other party, whether the driver or insurance company, does not want to pay. They may deny that the accident was their fault, or they may try to prove that the accident was partially the plaintiff’s fault, which is known as comparative fault. This is a defense where fault can be allocated between the parties and totals 100%. The plaintiff’s right to recovery will be reduced by their percentage of fault.

courthouse for justiceOur car accident attorneys have many years of experience fighting insurance companies to gain fair settlements. If we need to fight for you in court, we are experts there, too. If you have been injured because of another driver’s mistake, you need help getting the money you need and deserve for your injuries. Contact us today for your free case evaluation!