Yelm Personal Injury Lawyer

Pure Comparative Fault

Wash. Rev. Code § 4.22.005–.015

Washington's pure comparative fault statute allows injured parties to recover damages even if they are 99% at fault. Damages are reduced by the plaintiff's percentage of fault. Multiple defendants' fault is allocated individually.

Mandatory Auto Insurance

Wash. Rev. Code § 46.29.090

Washington requires minimum liability coverage of 25/50/10 ($25,000 per person, $50,000 per accident bodily injury, $10,000 property damage). UM/UIM coverage is optional but strongly recommended given the 15.6% uninsured driver rate.

Wrongful Death & Survival Actions

Wash. Rev. Code §§ 4.20.010–.060

Washington's wrongful death statute allows the personal representative to bring a claim on behalf of the decedent's beneficiaries. The survival statute (RCW § 4.20.046) allows the estate to recover damages the decedent would have been entitled to had they survived.

Product Liability (WPLA)

Wash. Rev. Code § 7.72

The Washington Product Liability Act provides a statutory framework for claims against manufacturers and sellers of defective products. Claims must be filed within the 3-year SOL or within the product's useful life.

DUI / Driving Under the Influence

RCW 46.61.502–.504

Washington's DUI statute sets the BAC limit at .08 for adults, .02 for those under 21, and .04 for commercial drivers. Washington has an implied consent law (RCW 46.20.308) — refusal to submit to a breath or blood test results in automatic license revocation for at least 1 year. A DUI conviction creates a presumption of negligence in civil injury claims, significantly strengthening the victim's case.

Dram Shop / Social Host Liability

RCW 66.44.200 / RCW 66.44.270

Washington's dram shop statute (RCW 66.44.200) prohibits serving alcohol to an apparently intoxicated person. Bars, restaurants, and alcohol retailers can be held civilly liable for injuries caused by intoxicated patrons they served after visible intoxication. Social host liability (RCW 66.44.270) extends to anyone who furnishes alcohol to a minor. Washington courts have recognized a common-law negligence theory for commercial alcohol service beyond the statutory framework.

Government Tort Claims

RCW 4.92 (State) / RCW 4.96 (Local)

Claims against the State of Washington must be filed with the Office of Risk Management within 3 years (RCW 4.92.110), but a 60-day pre-suit notice is required (RCW 4.92.100). Claims against local governments (cities, counties) require a standard claim form filed within the 3-year SOL (RCW 4.96.020). Government entities can be liable for dangerous road conditions, negligent maintenance, and defective traffic control devices.

PIP / MedPay Coverage

WAC 284-30-395

PIP (Personal Injury Protection) and MedPay coverage are optional in Washington but provide critical first-party benefits regardless of fault. PIP covers medical expenses, lost wages, and funeral costs. Insurers must offer PIP but policyholders can reject it in writing. When available, PIP pays before liability insurance, providing immediate medical coverage while the fault determination process plays out.