Pure Comparative Negligence in Washington State Auto Accidents Explained

Car accidents are rarely perfectly clear-cut. When two vehicles collide at a busy intersection in Kennewick, Olympia, or Yakima, it is very common for both drivers to have made a mistake. In some states, if you are even 1% at fault for a crash, you get nothing. Washington State is much more forgiving and fair to accident victims.

Understanding how blame is divided is the single most important factor in determining how much money you will receive for your injuries and property damage. Insurance companies are notorious for assigning unfair percentages of blame to save money. If an adjuster is trying to pin the fault on you, we recommend searching our US Lawyer Directory to find a skilled Washington auto accident lawyer to fight back.

How Pure Comparative Negligence Works in Washington

Under Wash. Rev. Code § 4.22.005, Washington operates on a pure comparative fault standard. Any contributory fault on your part does not bar you from recovering damages; rather, the damages awarded are diminished in proportion to the percentage of negligence attributed to you.

For example, if a jury determines your total damages (medical bills, lost wages, pain and suffering) equal $100,000, but they also find that you were 20% at fault for the crash, the judge will deduct 20%. You will walk away with $80,000.

Speeding but Hit by a Red-Light Runner

Consider a scenario where you are driving 10 mph over the speed limit through a green light, and someone runs a red light and T-bones you. The other driver is primarily at fault for running the light. However, the insurance adjuster will argue that if you hadn't been speeding, you could have braked in time. A jury might assign 80% fault to the red-light runner and 20% to you for speeding. You still win your case, but at a reduced value.

Passenger Interference

Comparative fault doesn't just apply to drivers. Passengers can also share blame. If you are a passenger who suddenly grabs the steering wheel, distracts the driver by yelling, or knowingly gets into a car with a highly intoxicated driver, your right to recover full damages against that driver can be reduced under the theory of comparative negligence.

How Adjusters Manipulate Fault Percentages

Insurance adjusters use comparative fault as a weapon. They will scour the police report for any minor infraction on your part-like failing to use a turn signal, having bald tires, or wearing dark clothing as a pedestrian at night. By arbitrarily assigning you 30% of the blame, they instantly save their company 30% on the settlement payout. Never accept an adjuster's fault allocation without speaking to an attorney.

Step-by-Step Process to Fight Unfair Fault Allocations

Fighting back against a manipulative insurance company requires solid evidence and aggressive negotiation.

Step 1: Gather Independent Evidence

Do not rely solely on the police report. Your attorney will hunt for nearby security cameras, dashcam footage, and independent witnesses who can testify that you acted reasonably under the circumstances.

Step 2: Utilize Accident Reconstructionists

If the fault is heavily disputed, your lawyer will hire an accident reconstruction expert. This expert will analyze skid marks, vehicle crush damage, and electronic data recorders (black boxes) to scientifically prove how the crash actually occurred.

Step 3: Send a Demand Letter

Your attorney will draft a comprehensive demand package outlining why the other driver is 100% at fault, citing relevant traffic statutes under the Washington vehicle code.

Step 4: File a Lawsuit

If the adjuster refuses to drop their unfair comparative fault argument, your attorney will file a civil complaint using Form CICS, Washington, Superior Court, Case Information Cover Sheet in a venue like the Snohomish County Superior Court, Everett or the Thurston County Superior Court, Olympia. Precedents like Keller v. City of Spokane, 146 Wash. 2d 237 (WA Supreme Court 2002) guide judges and juries in properly apportioning fault and joint liability during trial.

The Cost of Fault

Comparative negligence directly impacts the amount of money in your pocket.

• Property Damage Deductions: If you are 40% at fault and your car costs $10,000 to fix, the other driver's insurance will only pay $6,000. You must use your own collision coverage (or pay out of pocket) for the rest.
• Attorney Fees: Personal injury lawyers take cases on a contingency fee, meaning they only get paid if they win. If they can successfully argue your fault down from 50% to 10%, the total settlement increases dramatically, covering their fee and putting more money in your hands.
• No Upfront Court Costs: Your attorney generally advances the costs of accident reconstructionists, filing fees, and depositions, which can total $2,000 to $10,000, deducting them from the final settlement.

How Long Does It Take to Determine Fault?

Insurance companies typically make an initial liability decision within 30 days of the crash based on the police report. However, if fault is disputed, the investigation process can take several months. If a lawsuit is filed to let a jury decide the exact percentages of fault, it can take 12 to 24 months to get a trial date in a Washington Superior Court.

Frequently Asked Questions (FAQ)