What Should Motorcycle Accident Victims Know About Filing Claims in Washington?

What Do I Need to Know About Filing Claims for Injuries Suffered in a Motorcycle Accident in Washington State?

It’s crucial to understand how Washington laws view negligence, which is a key factor in determining personal injury cases. A simple definition of negligence is that someone did not use reasonable, ordinary care in a specific situation, and that led to someone else becoming injured. 

Specifically, there are four aspects of negligence, and all of them must be proven in order for claims to succeed.

• Duty of care. The person or organization against whom claims are being filed has a responsibility to exercise reasonable care for others around them. For example, someone who drives on a road is expected to follow driving laws and be reasonably aware of any potential dangers.
• Breach of the duty of care. This means that the person or organization didn’t carry through on their responsibility to provide a safe environment for others. In the example above, that could be a driver who enters the highway traveling at an unsafe, illegal speed.
• Causation. Because the person broke the duty of care, an accident happened that otherwise could have been prevented. In the example above, the speeding driver was unable to slow down fast enough to avoid hitting another driver (or motorcycle operator).
• Damages. The victim suffered injuries and financial losses because of the accident and should be entitled to receive compensation. This is tied to causation in that the victim must prove they wouldn’t have sustained those injuries if the other driver hadn’t relinquished the duty of care. 

When dealing with negligence, it’s highly advised to work with an experienced motorcycle accident attorney. 

What Are Some of Washington State’s Motorcycle Laws?

Someone operating a motorcycle in Washington state is expected to follow the general driving laws, but there are also specific motorcycle regulations that must be obeyed. If they’re not, that can have a negative impact on their case.

• Motorcycle helmets are required.
• Motorcycles must have side mirrors.
• Riders must wear goggles or face shields.
• Passengers (age 5 and older only) are allowed only if the motorcycle has an additional seat. The passenger must have either their own foot pegs or use a bucket seat with a seat belt. 

Lane splitting (weaving between lanes to pass slower vehicles) is illegal.

What Is Washington State’s Comparative Negligence Law?

Often, people think that only one person is at fault for an accident on the road. But that’s usually not the case; for example, one driver may run a red light and hit a driver who is driving under the influence. In cases like those, both drivers have some fault. Each U.S. state has laws that guide how those situations should be handled.

• Contributory negligence. Only a handful of states use this, which says that if the injured party is found even 1% at fault, they can’t file for claims.
• Pure comparative negligence. A few more states follow this, which says that if the injured party is even 99% at fault, they can still receive 1% of any damages awarded.

Modified comparative negligence. The majority of states use this, which says that if the injured party is found to be about half or more at fault (the exact percentage varies according to state), they can’t file for claims.

Washington state follows pure comparative negligence. In some ways, that’s good news in that if the injured person is partly (or even mostly) at fault, they could still be eligible for damages. In the example above, if the driver who was under the influence is found to be 75% at fault and is awarded $10,000, they could still receive $2,500.

However, that also means that the attorneys and insurance representatives working with the others involved in the accident will be motivated to try to have as much blame for the accident assessed to you as possible. That’s another reason it’s crucial to work with an experienced personal injury attorney.

Is There a Statute of Limitations for Filing Claims for an Injury Suffered in a Motorcycle Accident?

A statute of limitations is the legal period in which a victim must file for claims to be eligible to receive damages. In Washington state, personal injury cases (which include motorcycle accidents) generally must be filed within three years of the date of the injury. If they’re not filed by then, there’s a strong likelihood the case will be dismissed outright.

There are some exceptions to that, including if the victim is a minor, in which case they have three years from their 18th birthday to file, or if the injury isn’t discovered right away, in which case the limitations begin from the date of discovery. Because this is complex and you don’t want to miss the deadline, contact an attorney if you’re unsure how your case should proceed.

What Should I Do if I Sustained an Injury in a Motorcycle Accident and Need Help with Filing a Claim?

Call South Sound Law Group as soon as possible at 253-465-2722 to request a free consultation. Being injured in a motorcycle accident can be traumatic. It doesn’t help when the process of filing claims becomes complicated and onerous. Our team of experienced, knowledgeable motorcycle accident attorneys understands how difficult this can be for you.

We can go through the specifics of your case and advise you as to the best course of action.