By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit from the side in Washington?
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The right-of-way rules behind most broadside crashes
Fault in a T-bone starts with who had the right-of-way under chapter 46.61 RCW.
- Signals. RCW 46.61.050 requires drivers to obey traffic control devices, and RCW 46.61.055 says what each light means. A driver turning on green must let vehicles already lawfully in the intersection finish.
- Stop and yield signs. Under RCW 46.61.190, a driver at a stop sign stops, then yields to any vehicle close enough to be an immediate hazard. A collision after driving past a yield sign without stopping is prima facie evidence of failure to yield.
- Left turns. RCW 46.61.185 requires a left-turning driver to yield to oncoming vehicles that are an immediate hazard.
- Uncontrolled intersections. When two vehicles arrive at about the same time, RCW 46.61.180 has the driver on the left yield to the driver on the right. Arterial rules under RCW 46.61.195 modify that.
- Dark signals. RCW 46.61.183 turns a dead signal into an all-way stop. Drivers then yield under the rules above, and comparative fault splits blame if both erred.
- Driveways and alleys. A driver leaving a private road or driveway yields to all vehicles lawfully approaching on the highway under RCW 46.61.205, and RCW 46.61.365 adds a stop before the sidewalk in business and residence districts.
Since 2020, sections .180, .185, .190 and .205 add an extra fine for failing to yield to a pedestrian, cyclist or other vulnerable road user. Duties between two cars did not change.
Common T-bone scenarios and the statute that usually controls
| Scenario | Usual controlling rule | Driver usually at fault |
|---|---|---|
| Red-light runner hits cross traffic | RCW 46.61.055 | The driver facing red |
| Left turn on green ball into oncoming car | RCW 46.61.185 | The turning driver |
| Driver pulls out from a stop sign | RCW 46.61.190 | The driver at the stop sign |
| Right turn on red into a car with green | RCW 46.61.055 | The driver turning on red |
| Two cars reach an uncontrolled intersection together | RCW 46.61.180 | The driver on the left |
| Signal dark from a power failure | RCW 46.61.183 | The driver who did not stop or yield |
| Car exits a parking lot or driveway | RCW 46.61.205 | The driver leaving the driveway |
Speed and timing evidence can still move part of the fault to the driver with the right-of-way.
Favored and disfavored drivers in Washington case law
Washington courts call the driver with the right-of-way the favored driver and the one who must yield the disfavored driver. In King v. Molthan, 54 Wn.2d 115, 338 P.2d 338 (1959), the Washington Supreme Court held that a disfavored driver can shift blame only with evidence that the favored driver drove so wrongfully, negligently or unlawfully as to deceive a reasonably prudent driver into going forward. Deception requires that the disfavored driver actually saw the favored car.
In Underwood v. Tremaine, 64 Wn.2d 12, 390 P.2d 533 (1964), the court held that a favored driver slowing down was neither deception nor negligence. Both cases predate comparative fault. Today the same ideas help a jury decide how much fault, if any, the favored driver carries.
When both drivers share the blame
Under RCW 4.22.005, your own fault reduces your damages by your percentage but never bars the claim. Under RCW 4.22.070, the jury assigns a percentage to every at-fault party, and if the injured person was fault-free, the defendants are jointly and severally liable. For a comparison with California and Texas, see how fault is determined in each state.
Evidence that settles a broadside dispute
Most disputes come down to which light was showing.
- Collision report. Officer reports go to the Washington State Patrol and can be ordered through its WRECR system for $10.50. WSP says a report can take two to four weeks to become available. RCW 46.52.083 gives interested parties the officer’s factual data and witness statements.
- Video. Traffic cameras, buses, nearby businesses and dashcams often catch the signal. Businesses record over footage, so ask within days.
- Event data. Event data recorders covered by 49 CFR Part 563 store speed, throttle and braking from the seconds before impact. Keep your car out of salvage until the data is downloaded.
What this means for your case
You generally have three years from the crash to file an injury lawsuit under RCW 4.16.080(2). Write down which light or sign you faced, photograph the intersection and get witness names. Do not give the other insurer a recorded statement about the signal before you get advice. We handle T-bone claims across Washington, including Seattle car accidents and Tacoma car accidents.
You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Is the driver whose front end hit the other car always at fault?
No. Often the car that did the hitting had the green light and the car that was hit failed to yield.
What if the light was yellow?
Under RCW 46.61.055, yellow warns that red is coming. Entering on yellow is legal and entering on red is not, so video and signal timing often decide it.
Can a passenger in either car recover?
Usually yes. When the injured person has no fault, RCW 4.22.070 makes the at-fault drivers jointly and severally liable.
Do I have to report the crash myself?
Under RCW 46.52.030, drivers must file a written report within four days after an injury crash or one with damage at or above the WSP threshold, unless an officer reports it.
Does the police report decide who was at fault?
No. Insurers and juries make their own findings. The report is one piece of evidence, and video can carry more weight.
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Related pages
Frequently asked questions · Washington personal injury lawyers · Bellevue car accident lawyer · Seattle car accident lawyer · Tacoma car accident lawyer · How fault is determined in California, Texas and Washington
Sources
- RCW 46.61.050, obedience to traffic control devices
- RCW 46.61.055, traffic control signal legend
- RCW 46.61.180, vehicle approaching intersection (amended 2023)
- RCW 46.61.183, nonfunctioning signal lights
- RCW 46.61.185, vehicle turning left (amended 2023)
- RCW 46.61.190, vehicle entering stop or yield intersection (amended 2023)
- RCW 46.61.195, arterial highways designated, stopping on entering
- RCW 46.61.205, vehicle entering highway from private road or driveway (amended 2023)
- RCW 46.61.365, emerging from alley, driveway or building
- RCW 4.22.005, effect of contributory fault (pure comparative fault)
- RCW 4.22.070, percentage of fault and joint and several liability
- RCW 4.16.080, three-year limitation for personal injury actions
- RCW 46.52.030, driver accident reports
- RCW 46.52.083, availability of factual data in collision reports
- King v. Molthan, 54 Wn.2d 115, 338 P.2d 338 (1959), Washington Supreme Court (Justia)
- Underwood v. Tremaine, 64 Wn.2d 12, 390 P.2d 533 (1964), Washington Supreme Court (Justia)
- Washington State Patrol, Collision Records and WRECR request system
- 49 CFR Part 563, Event Data Recorders (eCFR)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 7, 2026.