Lakewood Car Accident Lawyers

Lakewood, WA, Car Accident FAQs

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

You should contact our Lakewood, 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 Lakewood, and the at-fault driver and I live in another city. Do I have to use your Lakewood 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?

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.

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

We will contact the insurance company on your behalf to get information about repairing your vehicle. Once an investigation has been completed, you can take your car in for repairs. In many cases, insurance companies have separate departments for property damage and personal injury claims. You can discuss getting your vehicle repaired with the property damage department, or you can ask us to obtain the information you need for the repair shop to submit expenses.

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

You bet. In fact, you may be able to collect from an employer even if the driver who hit you wasn’t technically “on the clock.”

Washington State has a very broad respondent superior rule. Employers are financially responsible if their employees were negligent during the course and scope of their employment. “Course and scope” usually includes any act which benefits the employer in any way. If an Uber driver causes an accident while deadheading (driving around waiting for a fare), the respondent superior rule usually applies. Although the driver didn’t have a fare at the time of the accident, Uber benefitted, since an available driver was in the area.

On a related note, almost any worker is an employee in Washington State, at least for negligence purposes.

Third party liability theories like respondent superior are especially important in catastrophic injury claims, like wrongful death claims. Since many drivers don’t have enough insurance coverage to provide fair compensation in these cases, third-party liability gives these victims another recovery source.

If I caused an accident because of a defective part on my vehicle, can I sue the manufacturer?

These wrecks are quite common. Manufacturers only recall products as a last resort. Usually, many people must be injured or killed before automakers and other manufacturers even think about issuing a recall. Additionally, product recall notices go only to record owners. Most used car owners are not record owners. On a related note, recall notices often don’t explain the severity of the problem. So, many owners put off repairs.

Usually, the strict liability rule applies in these cases. To obtain compensation for their injuries, victims don’t have to establish fault or negligence. They must only establish a connection between the product defect and their injuries.

Things like negligence and fault are relevant in terms of damages. If there is clear and convincing evidence that the manufacturer intentionally disregarded a known risk, a jury may award additional punitive damages. Usually, such proof is available. As mentioned, many product makers ignore danger signs and continue selling a defective product.

Is it possible to suffer Post Traumatic Stress Disorder after an accident?

Post-car accident PTSD is more than possible. It’s common. More than half of car crash victims experience prolonged symptoms like:

• Loss of interest
• Depression
• Anger
• Hypervigilance
• Flashbacks.

PTSD is not a processing disorder that randomly affects some victims. Instead, a chemical imbalance in the brain causes the aforementioned symptoms. Extreme stress, like being in a car wreck, enlarges the amygdala and shrinks the cerebral cortex. The amygdala controls emotional responses, and the cerebral cortex controls logical responses. This imbalance explains why these victims over-react emotionally to everyday triggers, like driving past the intersection where the accident happened.

On a related note, physical injury victims aren’t the only people who can sustain stress-related injuries. For example, if a parent witnesses a child’s injury, the parent may be entitled to compensation, even if the parent didn’t otherwise get hurt.

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.