What to do if another driver runs a stop sign and injures you in Washington

Disclaimer: This article is for general information only and is not legal advice. For advice about your specific situation, consult a licensed Washington attorney.

Detailed Answer

If another driver fails to stop at a stop sign and hits your car, you can pursue a personal injury claim to recover medical costs, lost wages, pain and suffering, and other damages. Below are the practical, step-by-step actions and the Washington law points that typically apply.

1. Immediate steps after the crash

1. Get medical care right away. Even if injuries seem minor, some conditions (e.g., whiplash) show symptoms later. Medical records are key evidence.
2. Call police and ask for an accident report. A police report records the officer’s observations and citations and strongly supports a negligence claim.
3. Exchange contact, insurance, and vehicle information with the other driver. If the other driver leaves the scene, try to note their plate, make/model, and get witness contacts.
4. Document the scene. Take photos and video of vehicle positions, damage, the stop sign, skid marks, street signs, traffic signals, and your injuries. Note the time, weather, and visibility.

2. Preserve evidence and compile your records

Keep medical records, repair estimates, invoices, receipts for out-of-pocket expenses, and pay stubs for lost income. Preserve the vehicle (or detailed photos) until the insurer inspects it. Save communication with insurers and the other driver.

3. Notify your insurer and report the claim

Notify your insurance company as soon as reasonably possible about the crash. Give only factual information; avoid admitting fault or speculation about cause. If the other driver is at fault, you will typically file a claim with that driver’s liability insurer. If the other driver lacks insurance or is underinsured, you may have a claim under your own uninsured/underinsured motorist coverage.

4. How fault is decided under Washington law

Washington resolves car-crash injury claims under negligence rules and comparative-fault principles. The insurance companies and, if necessary, the courts will allocate responsibility based on the evidence (police report, photos, witness statements, traffic camera footage, expert reconstructions). Under Washington law, your recoverable damages will be reduced by whatever percentage the finder of fact assigns to your fault. See Washington’s comparative fault provisions: RCW 4.22.005.

5. Demand, negotiation, and settlement

After you compile medical bills and other damages, you (or your lawyer) typically send a written demand to the at-fault driver’s insurer with a description of injuries, copies of medical bills, repair estimates, and a settlement figure. Insurers often make a first offer. Many cases settle by negotiation without a lawsuit.

6. When to file a lawsuit

If the insurer denies liability, offers an unacceptable settlement, or negotiations stall, you may file a civil lawsuit. In Washington, the general deadline to sue for personal injuries is three years from the date of injury. See the statute of limitations: RCW 4.16.080. Missing this deadline will likely bar your claim, so act promptly.

7. Other procedural points

• Expect evidence requests. Insurers commonly request medical records and an authorization to obtain additional records. Respond carefully and consider lawyer guidance on what to sign.
• Independent medical exams. The at-fault insurer may request an independent medical exam; Washington law allows reasonable exams to evaluate claimed injuries.
• Attorney fees. Personal injury attorneys commonly take cases on contingency (a percentage of the recovery). Ask about fees, costs, and whether the attorney advances case expenses.

8. Consider hiring an attorney when:

• Injuries are moderate to severe or require ongoing care.
• Liability is disputed (e.g., both drivers claim the other ran the sign).
• Insurance offers are low compared to your damages.
• There are complicated issues like uninsured motorists, multiple parties, or severe property damage.

A lawyer can gather evidence, negotiate with insurers, prepare and file suit if needed, and advise about how Washington law applies to your facts.

Helpful Hints

• Act fast: begin medical treatment, document evidence, and report the crash to insurers quickly.
• Get a copy of the police report; it often lists citations and officer conclusions about who violated traffic laws.
• Do not admit fault at the scene or in later communications. Simple statements like “I’m sorry” can be misread as admissions.
• Keep a daily pain and activity log. Notes about how injuries affect daily life strengthen claims for pain and suffering.
• Take clear photos of injuries and vehicle damage from multiple angles and keep dated originals.
• Preserve witnesses’ names and contact information as soon as possible while memories are fresh.
• Avoid posting about the crash or your injuries on social media. Insurers and defense lawyers often use social posts against claimants.
• Understand timing: Washington’s general personal injury statute of limitations is three years. See RCW 4.16.080.
• If the other driver is uninsured or underinsured, check your own policy for uninsured/underinsured motorist coverage and notify your insurer promptly.
• Consider a free consultation with a Washington personal injury attorney to evaluate liability, damages, and likely value before accepting any settlement.