Posted on Sunday, June 1st, 2025 at 9:00 am
Some car accidents are entirely one person’s fault. For example, a drunk driver who speeds through a red light and slams into another car in the intersection is likely solely to blame for the collision. However, there are cases where a person injured in a crash is partially at fault for what happened. Washington’s comparative fault system applies to these situations. It recognizes that Person A should not have to compensate Person B for the share of Person B’s injuries that are Person B’s fault. As such, if you’re involved in an accident in Washington and are partially to blame, the comparative fault system could reduce the amount you recover in compensation after the accident.
What Is Comparative Fault in Washington?
Different states have different systems for determining fault in an accident. The two most common systems are comparative fault and contributory fault. Contributory fault is a strict model that stipulates that if an individual is even the slightest bit responsible for causing an accident, they cannot recover compensation for their injuries.
The comparative fault system is less rigid. There are two categories of comparative fault: pure comparative fault and modified comparative fault. Washington subscribes to the pure comparative fault model. Under this system, when two or more motorists are involved in an accident, an accident victim may recover compensation for the portion of their injuries that aren’t their fault. This is true even if that person’s actions played a role in causing the crash. However, their compensation diminishes by the same percentage as their level of fault.
In a modified comparative fault system, individuals who are more than a certain percentage at fault for causing a crash are typically barred from recovering money for their injuries. Some states use a 50 percent bar, while others set the bar at 51 percent.
In a pure comparative fault system, a victim can recover compensation regardless of their level of fault. Someone 95 percent responsible for contributing to an accident can still collect compensation for their injuries, but the compensation diminishes by 95 percent.
Please read about Immediate Actions After a Car Accident here: Immediate Actions After a Car Accident Caused by Someone Else in Lakewood.
How Is Fault Determined in a Washington Car Accident?
A judge or jury determines fault based on the evidence presented to them at trial. Maximizing your compensation from a car accident lawsuit means proving the other driver caused the crash and that your actions had little to nothing to do with how the accident occurred.
Some of the evidence that can help build a solid, fact-based case can include:
- Photographs and videos of the scene
- Witness statements
- Medical records
- Surveillance video or traffic camera video
- Expert witness testimony
Collecting and preserving valuable evidence is critical for establishing liability and showing the court that you are not at fault for your injuries. Evidence must demonstrate that the other driver’s actions violated their duty to safely operate their vehicle, which directly caused the accident, your injuries, and your subsequent losses. Losses may include medical bills, lost income, property damage, and pain and suffering.
How Comparative Fault Affects Your Compensation
Pure comparative fault affects your compensation by tying compensation directly to your percentage of fault for causing an accident. Although individuals can still recover money for their injuries if they are predominantly at fault, their compensation diminishes alongside that fault.
For example, if someone is found 10 percent at fault for causing a crash, their overall compensation will be reduced by 10 percent. Similarly, if someone is 90 percent responsible for causing a collision, their compensation will be reduced by 90 percent.
The pure comparative fault regulation applies directly to lawsuits, not insurance claims. Insurance adjusters also use this rule to help them evaluate car accident claims. They will consider how a court might rule if a claim proceeds to trial. The less evidence an accident victim has to show that the other driver was at fault. The less likely it is that the insurance adjuster will offer fair compensation. Thus, it is crucial to understand how fault is determined in a car accident in Washington.
Fighting for fair compensation for your car accident injuries can be challenging without the help of a knowledgeable attorney. A good car accident attorney can collect and preserve the evidence you’ll need to prove liability, limit your percentage of fault, and maximize your compensation.
Please read about suing a false accident claim here: Legal Action for False Car Accident Claims in Washington
A Lakewood Car Accident Lawyer Can Help You Pursue Maximum Compensation
Don’t let an insurance company tell you you’re at fault after an accident. Instead, let the auto accident injury attorneys with The Law Offices of Briggs & Briggs build a case that shows the insurance company owes you money. We’ve been proudly serving Washington accident victims since 1952, and we’re ready to put our 70+ years of experience to work for you. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
Contact our Lakewood office now or call us at (253) 588-6696 for a 100 percent free consultation.
