When you're injured in an accident in Washington, fault isn't always black and white. Maybe you were texting when another driver ran a red light. Perhaps you were jaywalking when a speeding car struck you. Does being partially responsible mean you lose your right to compensation? Not in Washington.
How Washington Handles Shared Fault
Washington follows what's called pure comparative negligence. This system lets you recover damages even if you share some blame for your injuries. The catch? Your compensation gets reduced by your percentage of fault. If a jury decides you were 30% responsible for your accident, you can still collect 70% of your total damages. That's different from some states that bar recovery entirely if you're found even 1% at fault.
Breaking Down The Math
Here's how it works in practice. Say your total damages amount to $100,000. These might include medical bills, lost wages, pain and suffering, and other losses. If you're found 20% at fault, you'd receive $80,000. If you're 40% at fault, you'd get $60,000. No threshold eliminates your claim. Even at 99% fault, you could theoretically recover 1% of your damages. That said, being mostly responsible for your own injuries makes for an uphill battle.
What Counts As Comparative Fault
Insurance companies and defense attorneys will look for any behavior that contributed to your injuries:
- Not wearing a seatbelt in a car accident
- Walking in an unmarked area instead of a crosswalk
- Ignoring warning signs on a property
- Violating traffic laws before a collision
- Failing to seek immediate medical care
Some of these factors feel unfair. Not every action that preceded your accident legally counts as negligence. A Seattle personal injury lawyer can challenge improper fault arguments and protect your percentage.
Insurance Companies And Fault Shifting
Adjusters know how comparative fault works, and they use it aggressively. Expect them to inflate your share of responsibility to reduce their payout. They might claim you were driving too fast, not paying attention, or somehow contributed to circumstances you had no control over. Documentation becomes your defense. Photos, witness statements, police reports, and expert testimony help establish what actually happened. The burden sits with the other side to prove your negligence, not the other way around.
When Fault Gets Decided
Sometimes comparative fault gets resolved during settlement negotiations. Other times it goes to a jury. Insurance companies might offer a lower settlement based on their assessment of your fault percentage. You're not bound by their opinion. If your case goes to trial, the jury receives specific instructions about how to assign fault percentages to each party. They consider all the evidence and arguments before deciding who bears what portion of responsibility. Herschensohn Law Firm, PLLC helps injury victims understand how comparative negligence might affect their specific situation. Getting legal guidance early prevents mistakes that could inflate your fault percentage and reduce your compensation.
Multiple Parties and Fault Allocation
Accidents often involve more than two people. A three-car pileup might split the fault between all drivers. A slip and fall could involve both a negligent property owner and a contractor who created the hazard. Washington law allows juries to assign fault percentages to everyone involved, including people who aren't part of the lawsuit. Your recovery still depends on your own percentage, but the responsible parties may share the burden of paying you.
Protecting Your Claim
The comparative fault rule makes early case development important. Everything you say to insurance adjusters, every statement in a police report, and every gap in your medical treatment can become ammunition for fault arguments. If you've been injured and have questions about how Washington's fault rules apply to your case, speaking with a Seattle personal injury lawyer can clarify your options and help you move forward with confidence.
