Marysville, WA, Car Accident Lawyers

Marysville, WA, Car Accident FAQs

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

Within a few hours of a crash, the insurance company has a team of legal professionals in place. This team’s only goal is to reduce or deny compensation to crash victims. Only a determined Marysville car accident lawyer can level the playing field in these situations. Since it’s very difficult to win a game if you must play from behind, the sooner you reach out to a lawyer, the better.

At the same time, haste makes waste. Not just any attorney will do. Your lawyer should be experienced, dedicated, and accessible. The experience should include overall personal injury experience as well as trial experience. Dedication means a commitment to personal injury law and the rights of victims. As for accessibility, your lawyer, and not a less-experienced associate, should do most of the work on your case and be available to answer your questions.

Speaking of accessibility, it is difficult for many car crash victims to get around physically. If that’s the case, we offer home, virtual, and hospital visits. Other arrangements are available as well.

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

Our car accident lawyers have offices in multiple locations throughout the Pacific Northwest. So, we are well-positioned to help victims in Marysville and other locations in Washington and Oregon.

Generally, personal injury victims may pursue legal claims in the counties where they live or the county where the injury occurred. Both these venue choices have some pros and cons. For convenience purposes, many car crash victims file claims in the counties where they reside. However, most of the evidence is probably in the county where the accident happened.

Additionally, negligence laws vary in different states. Contributory negligence, which is outlined below, is a good example. Washington is a pure comparative fault state and Oregon is a modified comparative fault state. In the Beaver State, unless the tortfeasor is at least 51 percent responsible for the wreck, the victim cannot collect damages.

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

Adjusters almost always try to pressure victims into settling their claims immediately. It’s very tempting to accept these offers and try to move forward. But since so few facts are available so early in the process, it’s impossible for anyone, including a Marysville car accident lawyer, to know if an early offer is fair.

Generally, we handle these calls for victims. It’s illegal for insurance company adjusters, or anyone affiliated with the company, to contact victims directly if the victim has a lawyer. So, instead of arguing with adjusters over the phone, victims can focus exclusively on getting better.

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

Other than medical attention, vehicle repair or replacement is probably the most immediate need for car crash victims. The earth keeps turning after an accident. Families need their cars for work, school, and other household needs.

Typically, insurance companies have separate property damage and personal injury sections. If the insurance company drags its feet regarding personal injury compensation, which usually happens, it often makes prompt arrangements for replacement or repair.

That being said, it’s important for a Marysville personal injury attorney to speak for victims during the property damage phase. Insurance adjusters usually look for the cheapest available remedy. An attorney helps ensure that the remedy meets the need. In other words, a family with a badly damaged SUV shouldn’t have to drive a Civic while they wait for repairs.

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

Absolutely. Respondent superior (let the master answer) employer liability is very common in commercial operator accidents, such as Uber crashes, bus crashes, and taxi crashes. This legal doctrine applies if the tortfeasor was:

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

State law defines both elements in broad, victim-friendly terms. For example, any act which benefitted the employer in any way is usually within the scope of employment. That category usually includes a “deadheading” Uber or Lyft driver who was driving while waiting for a fare.

Other employer liability theories, which often apply in assault and other intentional tort claims, include negligent supervision and negligent hiring.

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.