Many assume that a driver involved in an automobile accident who is cited by police is automatically liable. Under Washington tort law this is not true.
Formerly a violation of rules of the road was negligence per se.[1] The negligence per se rule was largely abolished by the 1986 Tort Reform Act.[2] Under the act violation of the rules of the road is evidence of fault, but does not end the inquiry.
Negligence per se still applies to DUI drivers who injure others and for violations of fire safety and smoke alarm laws.[3]
[1] Goucher v. J.R. Simplot Co., 104 Wn.2d 662, 709 P.2d 774 (1985).