A single car accident involves only one vehicle – for example, a driver skids off the road, hits a tree, or rolls their car without colliding with another vehicle. While only one car is directly involved, these accidents can still raise complex legal issues. The driver might be injured, or there may be passengers hurt. In Washington, single-vehicle crashes are treated under the same negligence principles as other accidents, but the key question is whether some other party’s negligence contributed to the crash.
Common Causes of Single-Vehicle Crashes
Single car accidents happen for many reasons:
- Driver error: Speeding, distracted driving, or fatigued driving can cause a lone vehicle to lose control.
- Sudden obstacles: A driver may swerve to avoid a deer, dog, or debris on the road and end up crashing.
- Poor road conditions: Hazards like potholes, missing guardrails, uncleared snow/ice, or improper signage can lead to a crash.
- Vehicle defects: Tire blowouts, brake failures, or other mechanical defects (explored more in the Vehicle Defects section) can make a driver crash through no fault of their own.
Often, the initial assumption is that the driver of the single car must have been at fault. However, that’s not always true. If an external factor caused the accident, liability may lie with a third party. For example, if a poorly maintained road caused the driver to lose control, the government entity responsible for that road could be negligent. Or if a tire defect caused a blowout, the tire manufacturer might be liable.
Passengers and Third-Party Liability
If a passenger is injured in a single car accident, that passenger has the right to seek compensation. In Washington, the driver owes a duty of care to their passengers. If the driver’s negligence (speeding, intoxication, etc.) caused the crash, the driver can be held liable for the passenger’s injuries. The driver’s liability insurance should cover the passenger’s damages in that scenario.
However, sometimes the driver crashes due to another driver’s actions even though no collision occurred. Perhaps another car veered into your lane, causing you to swerve off the road, and that other car never stopped (often called a “phantom vehicle”). In Washington, if a phantom vehicle causes an accident and is not identified, you may still recover under your own uninsured motorist (UM) coverage.
Washington insurers must offer UM coverage (which covers hit-and-run and phantom driver situations) and personal injury protection (PIP), though drivers can reject these in writing. If you have UM coverage, it can step in to pay for your injuries when the at-fault driver is unknown or uninsured. It’s crucial to report such incidents to police within 72 hours to support a UM claim.
Likewise, if a hazardous road condition caused the crash, the governmental agency responsible might be at fault. Washington law allows injury claims against government entities, but a special process is required. You must first file a formal claim with the government agency and then wait 60 days before filing a lawsuit.
This gives the agency a chance to respond. (Importantly, this claim filing tolls the statute of limitations for 60 days, but you still must file the claim within the normal limitations period.)
Washington Law and Insurance Considerations
Because Washington is an at-fault state, identifying a liable third party is key for the driver to recover compensation in a single-car accident. If the only negligence was the driver’s own, there may be no one to legally “blame” in a lawsuit. In that case, the driver’s recovery is limited to their own insurance benefits:
- Collision coverage (if purchased) can pay for car repairs.
- Personal Injury Protection (PIP) (if in the policy) can cover the driver’s medical bills and lost wages up to the PIP limits, regardless of fault.
- Health insurance may cover medical treatment as well.
- Uninsured/Underinsured Motorist coverage may apply if an unidentified third party caused the crash (as discussed with phantom vehicles).
On the other hand, if another party’s negligence played a role – say a construction company left equipment on the road, causing the driver to crash – then that party can be held liable for the driver’s injuries and damages. Washington’s comparative negligence rules will apply if fault is shared. For instance, a jury might find that a driver was 50% at fault for driving too fast on a wet road, but the State was 50% at fault for not fixing a dangerous pothole. In that case, the driver could recover 50% of their damages from the State.
Even in single-car crashes, Washington’s statute of limitations for personal injury still applies. Typically, the injured person (driver or passenger) has three years to file a lawsuit for any negligence claim. If the claim is against a government entity, the formal claim mentioned above must also be filed within that time.
Professional Legal Guidance
Single-vehicle accidents can be deceptively complicated. Because it may not be obvious whether another party is liable, an investigation is often necessary. A car accident attorney can help examine the circumstances – Was there a design flaw in the car? Were the roadways unsafe? Did another driver’s actions cause the crash? – to identify any responsible parties. Legal professionals at Bridge Law can also navigate the process of claims against government entities or product manufacturers, which involve different laws and timeframes than a standard two-car accident claim.
If you were involved in a single car accident in Washington, do not automatically assume you have no recourse. By exploring all possible causes and utilizing the appropriate insurance coverage, you may still obtain compensation for your injuries and losses. An experienced legal team at Bridge Law can advise you on your rights and help ensure that any liable party is held accountable under Washington law.
