Auburn, WA, Car Accident Lawyers

Auburn, WA, Car Accident FAQs

When should I contact a car accident lawyer in Auburn, WA?

You should contact our Auburn, WA, car accident lawyers as soon as possible after the accident. Even if you are in the hospital, we can still meet with you for your initial case evaluation. We can visit you in the hospital or conduct a case evaluation over the phone or via video call.

If you are not able to meet with us due to your injuries, a loved one may contact us on your behalf. We will let your loved one know what steps to take.

My accident was not in Auburn, and the at-fault driver and I live in another city. Do I have to use your Auburn office?

No. You can work with our car accident lawyers in our office in Tacoma, WA, or even Portland or Eugene, OR. We also have an office in Salt Lake City, UT. Because of jurisdiction and venue laws, you should visit the office closest to where you or the defendant lives or closest to where the accident took place.

The insurance adjuster for the defendant’s insurance company keeps calling me. What should I do?

First and foremost, try not to get upset or alarmed. These negative emotions delay your recovery. The Strong Law team is deeply concerned about your physical and financial recovery. That is why we do what we do.

When adjusters call, and they will, say as little as possible. Telephone adjusters are basically actors. They are trained to show concern for your case and frame the settlement proposal as something that is in your best interests.

Neither of these things is true. Insurance adjusters only care about the company’s bottom line. Furthermore, these conversations are recorded. Pretty much anything you say, as well as the tone of your voice, could be used against you later.

As quickly as possible, ask the adjuster to contact our office. If you have given the insurance adjuster this information previously, tell the adjuster not to call you again. Additionally, let our office know that the insurance adjuster continues to reach out to you. We will also inform the insurance adjuster that he or she should not contact you.

It is usually illegal for an insurance adjuster to contact a victim who has retained an Auburn car accident lawyer. But you do not need to debate this point with the insurance company. Let us handle this interaction.

I need to have my car fixed before my case settles. How do I get it fixed?

Property damage claims are usually much more straightforward than other elements of a personal injury claim. So, most insurance companies have separate departments for such matters. As a result, property damage claims often settle almost immediately, even if there are questions in other areas.

If the insurance company does not immediately arrange for vehicle repair or replacement, our Auburn car accident lawyers step in. We independently arrange for vehicle repair or replacement, usually at no upfront cost to our clients. Additionally, we ensure that our clients get the service they need, as opposed to the service an insurance adjuster is willing to pay for.

If the driver who hit me was on the job, can I also collect from his or her employer?

Most likely. Respondent superior (let the master answer), a third-party liability doctrine, usually applies in truck driver, bus driver, Uber driver, taxi driver, and other commercial operator matters. This doctrine applies if the negligent driver was:

• An employee
• Who was working in the course and scope of employment at the time of the wreck.

Washington law defines these key terms in broad, victim-friendly ways. For example, many Uber drivers, truck drivers, and other commercial operators are independent contractors for most purposes. But these individuals are employees for negligence purposes. That’s because the employer has some control over these drivers.

If I caused an accident because of a defective part on my vehicle that the manufacturer would not recall, can I sue the manufacturer?

Yes and no. Generally, manufacturers are strictly liable for the injuries their defective products cause. However, if you knew about the defect and did nothing to make your vehicle safer, the manufacturer could use that inaction as a defense.

Strict liability is a higher standard than negligence. A defective product, like a defective tire or an ignition issue, could seriously injure thousands of people. There are basically two kinds of product defects in Washington law:

• Design Defect: The 1970s Ford Pinto is an example of a design defect. To make the car lighter and cheaper, designers put the Pinto’s unlined gas tank behind the rear axle. As a result, it was overly prone to rupture and explosion, even in a relatively low speed accident.
• Manufacturing Defect: 1990s Takata airbags are an example of a manufacturing defect. To cut costs, the manufacturer replaced a stable and expensive chemically propellant with ammonium nitrate, which is unstable and cheap. Ammonium nitrate is basically the same compound Timothy McVeigh used in the Oklahoma City truck bomb.

The unforeseeable use doctrine is basically the only legal defense in a defective product claim. Manufacturers are not liable for damages if individuals misuse a product, and that misuse causes injury. The misuse must be extreme, like using racing tires to go off-roading in the Cascades.

Is it possible to suffer post-traumatic stress disorder after an accident?

Absolutely. In fact, it’s also possible to suffer from PTSD-like symptoms, and obtain compensation for them, even if you were not otherwise injured.

About half of car crash victims suffer from PTSD. Going through a stressful event, like a car wreck or combat firefight, alters brain chemistry. The amygdala (part of the brain that controls emotional responses) enlarges, and the cerebral cortex (logical responses) shrinks. This imbalance causes effects like depression, anger, flashbacks, and other symptoms that make it difficult or impossible to function in everyday life.

Furthermore, the additional stress parents feel when they see their children injured triggers a special legal doctrine, called the zone of danger rule. Therefore, parents in these situations are entitled to compensation for bystander injuries. This compensation could include both the economic and noneconomic damages mentioned above.

What if the accident was my fault?

Tragedies like car crashes often have multiple causes. So, both drivers could well be partially responsible for the wreck. However, there are two important things to remember in this area.

First, there is a difference between fault and legal responsibility (known as “liability”). An insurance adjuster, who will have the insurance company interests as their focus instead of yours, usually determines fault based solely on the immediately available evidence. If your case goes to trial, a jury or judge determines liability based not only on the evidence at the scene, but also on electronic and other subsequently available evidence.

Additionally, even if you were partially responsible for the accident, compensation is still available. Washington is a pure comparative fault state. So, even if the victim was 99 percent responsible for the collision, the negligent driver is liable for a proportionate share of damages.