How is fault assessed in a vehicle rollover lawsuit?

In Washington, fault assessment in a vehicle rollover lawsuit is typically determined through a negligence analysis. Under this analysis, the plaintiff must prove that the defendant had a duty to act with reasonable care, that they breached that duty, that they caused the plaintiff to suffer damages, and that the plaintiff’s damages were a result of the breach. To have a successful claim, the plaintiff must show that the defendant was negligent and that their negligence was the proximate cause of the rollover. The plaintiff must also provide evidence that the defendant had a duty to the plaintiff, breached the duty, and that the breach was the direct cause of the plaintiff’s damages. The court assesses both parties’ fault in the incident. The defendant’s negligence is assessed on the basis of whether their actions fell below the reasonable standard of care expected by the law. Their negligence is then compared to the plaintiff’s, and any possible contributory negligence of the plaintiff is taken into account. The court also looks at whether the damages were foreseeable, that is, if the defendant should have been aware that their actions could have caused the plaintiff’s injury. The final decision on fault assessment is up to the court, based on the facts and evidence presented. If the plaintiff is found to have been negligent and their negligence is found to be a proximate cause of the rollover, then the plaintiff may be barred from recovering any compensation from the defendant. If, however, the defendant is found to be primarily at fault, then the court may award the plaintiff financial compensation for the damages suffered.

How is fault assessed in a vehicle rollover lawsuit?

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