Liability and Driving Too Fast for Conditions in the State of Washington

November 27, 2017

A 25-year-old Yakima man has been hospitalized after a crash last week on Interstate 90 about 25 miles west of Cle Elum, Washington after he lost control of a Mini Cooper that he was driving and was hit by another vehicle. His condition is currently unknown.

As per the Washington State Patrol, both vehicles were eastbound in the left lane of Interstate 90 just moments before 6:00 p.m. when the driver of the Mini Cooper lost control of the car and struck a barrier on the left shoulder of the highway. The car came to rest in the left lane. The vehicle behind the Mini Cooper was driven by a 43-year-old Spokane man who failed to slow down and crashed into the driver’s side of the Mini Cooper. A 30-year-old woman and her daughter in the second vehicle were taken to KVH Hospital in Ellensburg. They were treated and later released.

Everybody who was involved in the crash was seat belted at the time of the impacts. Two other passengers in the second vehicle weren’t injured. A Washington State Patrol spokesperson reported that the driver of the Mini Cooper was driving too fast for conditions. Charges are currently pending.

Circumstances Control

Although a roadway might have a posted speed limit, there are times when it becomes unsafe to drive, even at the speed limit. That often occurs in adverse weather conditions involving rain, snow, ice or even fog. It’s under these circumstances that a person might cause an accident and be cited for driving too fast for conditions, especially if injuries result from a crash.

The Controlling Statute

The Revised Code of Washington section 46.61.400 states as follows: “No person shall drive a vehicle on a highway greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.”

It’s a Jury Question

In a personal injury case when liability for injuries and damages are decided, what was reasonable and prudent under the circumstance is an issue for a jury to decide. Sworn testimony or a plea of guilty in the traffic case against the driver who caused the crash might be used against him or her to help prove liability in a personal injury case.

Contact a Personal Injury Lawyer Today

Remember that even though somebody was driving below the posted speed limit, that person can still be held liable for damages in a personal injury case if he or she drove too fast for conditions. If you or a family member was injured by a person who you believe was driving too fast for conditions, contact our personal injury lawyers right away to arrange for a free consultation and case review. We make pursuing your claim easy for you while you’re recovering. No legal fees are even due unless we obtain a settlement or verdict for you.

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