UNDERSTANDING COMPARATIVE FAULT IN WASHINGTON

What Is Comparative Fault?

Comparative fault, also called comparative negligence, describes situations where multiple people are partially responsible for an accident. For instance, in a car crash, both drivers might have made mistakes that led to the collision.

Instead of one party being completely at fault, the law permits blame and compensation to be shared according to each person’s level 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 simple terms, even if you were partly at fault, you can still receive compensation, but the amount will be reduced based on 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 situations where shared fault might apply:

• A driver runs a yellow light, but the other car turns left in front of them.
• You were rear-ended, but your brake lights didn’t work.
• A pedestrian steps into the street outside a crosswalk, but the driver was texting.
• Two vehicles merge into the same lane simultaneously.

Why Fault Matters in Personal Injury Claims

Insurance companies and courts use fault percentages to establish:

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

Understanding your precise level of fault is essential. Even a slight change in percentage can make thousands of dollars difference in your final recovery.

How Insurance Companies Use Comparative Fault Against You

Insurance adjusters are skilled at finding ways to blame you, even when the other party is obviously 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 P.C., we assist clients across Tacoma and Washington in fighting unfair fault claims. We will:

• Investigate the accident and collect evidence
• Interview witnesses and gather expert opinions
• Collaborate with reconstructionists to contest exaggerated fault assignments.
• Negotiate for your entire compensation package
• If needed, take your case to court.

Schedule a Free Consultation

If you’re blamed, even partially, for an accident, don’t take risks. An experienced personal injury lawyer can make the difference between a denied claim and a successful recovery.

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