Understanding Comparative Fault in Washington

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, refers to situations where more than one person is partially responsible for an accident. In a car crash, for example, both drivers might have made mistakes that contributed to the collision.

Rather than one party being entirely at fault, the law allows blame and compensation to be divided based on each person’s share of responsibility.

How Washington’s Pure Comparative Negligence Law Works

Washington follows the pure comparative fault rule under RCW 4.22.005. This means:

“Any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages.”

In plain English: even if you were partially at fault, you can still recover compensation, but your total recovery will be reduced by your percentage of fault.

For example:

• You are awarded $100,000 after a crash.
• You are found to be 30% at fault.
• You can still recover $70,000 (100k minus 30%).

Examples of Shared Fault in Car Accidents

Here are common scenarios where shared fault might apply:

• A driver speeds through a yellow light, but the other car turns left in front of them.
• You were rear-ended, but your brake lights were out.
• A pedestrian steps into the street outside a crosswalk, but the driver was texting.
• Two vehicles merge into the same lane at the same time.

Why Fault Matters in Personal Injury Claims

Insurance companies and courts use fault percentages to determine:

• Whether you can receive compensation
• How much your compensation should be reduced
• Whether another party can countersue you for damages

Understanding your exact level of fault is critical. Even a small shift in percentage can mean thousands of dollars difference in your final recovery.

How Insurance Companies Use Comparative Fault Against You

Insurance adjusters are trained to look for ways to shift blame onto you, even when the other party is clearly at fault.

They might:

• Misinterpret police reports
• Pressure you to admit partial responsibility
• Claim your injuries were made worse by your own actions
• Offer reduced settlements based on inflated fault percentages

How a Lawyer Can Protect Your Rights

At Morgan Hill PC, we assist clients across Olympia and Washington in fighting back against unfair fault claims. We will:

• Investigate the accident and gather evidence
• Interview witnesses and obtain expert opinions
• Work with reconstructionists to challenge exaggerated fault assignments
• Negotiate for your full share of compensation
• Take your case to court if necessary

Schedule a Free Consultation

If you’re being blamed (even partially) for an accident, don’t take chances. A skilled personal injury lawyer can make the difference between a denied claim and a successful recovery.

Call Morgan Hill PC today for a free, no-obligation case review. You don’t pay unless we win.