What to Do When a Loved One Dies in a Car Crash in Washington

It’s normal to feel lost about what steps to take next after you lose a loved one in a fatal car accident in Washington, especially when considering legal action to hold responsible parties accountable. 

If you are searching for guidance after one member of your family dies in a car accident, understanding your legal rights and options under Washington State car accident laws is crucial. 

Many families have sought to our Washington wrongful death attorneys at Craig Swapp & Associates, provided with a pathway to both justice and the compensation they deserve.

How Car Crashes in WA Can Cause Death?

Car crashes in Washington occur for a variety of reasons and can have devastating results. Fatal car crashes in Washington State often involve a combination of high speeds, impaired driving, distracted driving, and unsafe road conditions. 

According to the Washington Traffic Safety Commission’s fatal car crash report, hundreds of families face the loss of a loved one each year.

Factors that contribute to car crash deaths in Washington include:

• Alcohol or Drug Impairment: Impaired driving remains one of the leading causes of deadly collisions.
• Distracted Driving: The use of smartphones and other distractions can result in tragic outcomes.
• Reckless or Aggressive Driving: Speeding, illegal passing, and ignoring traffic signals are frequent contributors.
• Poor Weather or Road Conditions: Rain, fog, and ice can make driving treacherous.

When someone dies in a car accident, the shock is immediate, but the consequences can ripple through families and communities for years. These deaths leave families grappling with emotional grief and financial uncertainty, underlining why Washington State car accident laws exist to protect the rights of surviving relatives.

What Families Should Do After a Fatal Car Crash in Washington State

The moments and days following a fatal car crash in Washington are critical. 

If a loved one died in a car accident in Washington, these initial steps can help families manage both immediate needs and future legal actions:

• Notify Law Enforcement: Fatal car crashes in Washington State must be reported to the police. Law enforcement will investigate the accident scene, document the details, and file an official report. This report will become essential for any wrongful death lawsuits in Washington.

• Gather Evidence: If possible, collect evidence at the crash site. Take photos of the vehicles, road conditions, and surroundings. Write down witness information and any details you recall about the moments leading up to the collision.

• Obtain a Copy of the Police Report: The accident report contains vital information about the circumstances surrounding the car crash and the findings of law enforcement. Request a copy for your records.

• Arrange for Care and Notification: Inform close family members and arrange for any needed support, including grief counseling or immediate assistance for dependents.

• Contact a Wrongful Death Attorney: Before speaking to insurance companies or considering a settlement, seek guidance from a wrongful death attorney in Washington. An attorney can explain your rights and help you avoid common mistakes that might affect your ability to recover damages.

By taking these immediate steps, families can protect their interests and ensure they are prepared to pursue a claim under Washington wrongful death laws.

Who Can Sue for Wrongful Death After a Car Accident?

After the shock of a loved one’s death, many families are unsure who has the right to bring a wrongful death lawsuit. Under Washington State laws (RCW 4.20.010 and RCW 4.20.020), the right to sue for wrongful death generally rests with:

• The personal representative of the decedent’s estate
• The surviving spouse or state-registered domestic partner
• The decedent’s children 
• If there is no spouse, partner, or child, then parents or siblings may file if they were dependent on the deceased for support

It’s important to note that only one wrongful death claim may be brought, so the courts require all eligible parties to be included. If the deceased was a minor, the parents are typically the ones to file the claim.

Establishing the right party to file ensures that the case proceeds smoothly and maximizes the likelihood of a favorable outcome. Washington wrongful death attorneys help families navigate these rules, especially when there are disputes or uncertainties about who should represent the estate.

How to File a Car Crash Wrongful Death Claim in Washington State

Filing a wrongful death claim after someone dies in a car accident in Washington involves several key steps. 

Each stage is designed to protect your rights and maximize your potential compensation:

1. Appoint the Personal Representative

The process usually starts with the appointment of a personal representative for the deceased’s estate. This individual is responsible for pursuing the claim and representing the estate’s interests.

2. Investigate the Circumstances of the Crash

Your wrongful death attorney will launch a thorough investigation, collecting police reports, witness statements, crash reconstruction analysis, and any relevant surveillance footage. The investigation may also uncover whether defective vehicles, dangerous road conditions, or other external factors played a role.

3. Determine Fault and Liability

Washington is an at-fault state, which means liability must be established. In fatal car crashes, potential liable parties include other drivers, vehicle manufacturers, and, in some cases, government agencies responsible for roadway maintenance.

4. Calculate Damages

Work with your attorney to assess the full extent of your family’s losses, including medical expenses, lost income, funeral costs, and non-economic damages such as pain and suffering or loss of companionship.

5. File the Wrongful Death Lawsuit

Once the evidence is gathered, your attorney will draft and file a wrongful death lawsuit in the appropriate court. The complaint must detail how the defendant’s actions led to your loved one’s death and outline the compensation you are seeking.

6. Negotiate or Litigate

Most wrongful death claims are resolved through settlement negotiations. Your attorney will work to secure the maximum amount possible without the need for a trial. However, if a fair agreement cannot be reached, your attorney should be prepared to advocate for you in court.

Having the guidance of experienced wrongful death attorneys in Seattle is essential at every stage, from investigation to negotiation or litigation.

Available Compensation for Car Accident Death in Washington

When one member of your family dies in a car accident, the financial and emotional impact can be overwhelming. 

Washington law allows surviving families to pursue compensation for a range of damages through a wrongful death claim, including:

• Medical Expenses: Costs of medical care provided after the accident but before death.
• Funeral and Burial Expenses: The full cost of laying your loved one to rest.
• Loss of Income and Benefits: Compensation for wages, benefits, and financial contributions the deceased would have provided.
• Loss of Services: Value of household services, childcare, and other contributions to the family.
• Loss of Companionship and Consortium: Recognition of the unique relationships lost, such as those between spouses, children, and parents.
• Pain and Suffering: For the conscious pain and suffering the deceased endured between the accident and their death (known as a “survival action” under RCW 4.20.046).

The total amount awarded in wrongful death lawsuits in Washington depends on the deceased’s age, health, occupation, and life expectancy, among other factors. Your attorney will work with financial experts to ensure all damages are fully documented and presented.

Who Pays for Damages for Someone’s Death in a Car Crash in Washington State?

Compensation for car crash deaths in Washington may come from several potential sources:

• At-Fault Driver’s Insurance: Washington requires all drivers to carry liability insurance, which typically pays first.
• Your Loved One’s Insurance: Policies such as uninsured/underinsured motorist coverage or personal injury protection (PIP) can provide additional compensation.
• Employer Insurance: If the responsible driver was on the job, their employer’s insurance may also be liable.
• Vehicle Manufacturer: In cases involving defective vehicles or parts, the manufacturer may be required to pay damages.
• Government Entities: When unsafe roads or faulty traffic signals contributed, claims can sometimes be made against city or state agencies. However, strict procedures and notice requirements apply.

Because insurance companies often seek to minimize payouts, it’s important to have a Seattle wrongful death attorney advocating on your behalf to ensure every avenue for recovery is explored.

Time Limitations for Wrongful Death in Car Accidents in Washington State? 

One of the most critical aspects of any wrongful death case is the statute of limitations. In Washington, RCW 4.16.080 generally provides that a wrongful death lawsuit must be filed within 3 years of the date of death. 

Some rare exceptions may apply, such as when the responsible party is a government entity, which could require notice within a much shorter period (as little as 60 days, per RCW 4.92.110 for claims against the state).

Missing this deadline typically means you lose the right to recover compensation, no matter how strong your case may be. Speak to a Washington wrongful death attorney as soon as possible to avoid missing crucial deadlines.

Get a Fair Settlement with the Help of a Seattle Wrongful Death Attorney

The journey through grief and recovery after a loved one died in a car accident in Washington is never easy. You deserve support, not just from family and friends, but from legal professionals who understand what’s at stake. With so much on the line, it’s essential to have a compassionate and experienced advocate in your corner.

A skilled Seattle wrongful death attorney can provide:

• Guidance and Support: Answering your questions and walking you through each stage of the legal process.
• Thorough Investigation: Ensuring all liable parties are identified and all evidence is preserved.
• Aggressive Negotiation: Fighting for the compensation your family needs to cover immediate and long-term losses.
• No Upfront Costs: Many attorneys, including Craig Swapp & Associates, represent families on a contingency fee basis, meaning you pay nothing unless they secure compensation for you.

If your family has suffered because someone died in a car accident in Washington, you don’t have to face this challenge alone. Reach out to Craig Swapp & Associates to connect with our Seattle wrongful death attorney who will put your interests first, guide you through Washington State car accident laws, and help you recover the damages you deserve.

Call us at (866) 936-3806  or fill out our contact form to schedule a free consultation. We serve in Seattle, Tacoma, and Shoreline in Western Washington and Kennewick, Spokane Valley, Wenatchee, Spokane, Walla Walla, and Yakima in Eastern Washington.