Sammamish, WA, Car Accident Lawyers

Sammamish, WA Car Accident FAQs

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

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

Frequently, insurance adjusters first reach out to car crash victims in hospital rooms, brandishing settlement offers. The TV commercials we see almost every day lead us to believe that insurance adjusters are friendly professionals who have our best interests at heart. But the truth is radically different. Most insurance adjusters care little about accident victims. Instead, they only care about insurance company profit margins.

So, although it’s tempting to accept a settlement offer and try to move on, that’s almost always the wrong move. Do not speak to an insurance company representative, either in person or on the phone. Simply tell them you are working with a Sammamish, WA, car accident lawyer and refer them to our office. We’ll take care of the rest.

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

Just like medical treatment, vehicle repair or replacement is an immediate priority for accident victims. These individuals cannot suspend their commitments, like taking their children to school, because of an accident.

Our Sammamish, WA, car accident lawyers understand this urgency. So, we usually resolve these matters in one of two ways. Sometimes, we work with insurance companies to expedite property damage claims. Usually, a separate department handles such matters. This approach could be the easiest and fastest way to get you back on the road. At other times, we connect victims with independent mechanics and other providers who charge nothing upfront for their professional services.

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

Absolutely. Employer liability usually applies if the tortfeasor (negligent driver) was an Uber driver, truck driver, taxi driver, or another commercial operator. This legal doctrine has two major elements:

• Employee: For negligence purposes, any person the employer controls is an employee. This broad definition includes independent contractors, owner-operators, and even unpaid volunteers.
• Scope of Employment: Any act that benefits the employer in any way is within the scope of employment. A deadheading Uber driver who is driving without a fare is acting within the scope of employment. The employer benefits because a driver is on the road and ready to pick up a passenger.

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

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 chemical 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.