What Is Comparative Negligence in Washington?

Were You Injured in an Accident? Can the Other Party Blame You for Your Injuries?

This is where comparative negligence comes into play.

Even if you were at fault in part for the injuries you sustained, in most cases you can collect the amount of your damages that the other party is responsible for. The only issue is that your award of damages will be reduced by the amount of fault that you are responsible for.

What Is Comparative Negligence?

The definition of Comparative Negligence: Assigns fault between parties in a claim for damages caused by an accident.

Washington follows a system of law under which a claimant’s fault can reduce the amount of recoverable compensatory damages in an amount equal to the claimant’s fault but will not act as a complete bar to recovery.

The injured party incurs $100,000 in damages as a result of a car accident. The injured party was 20% at fault for the accident. As a result, the injured party’s damages would be reduced by 20% or $20,000, for a total of $80,000 in recoverable damages.

Note that each personal injury case is different, and how your injuries affect you in terms of both physical and financial loss will be taken into account in assessing damages in your claim.

How Does Comparative Fault Work in Washington?

Under Washington laws regarding fault in accidents and injuries, the fact finder will divide up the total amount of fault (i.e. fault causing the injury) to each entity that contributed to the claimant’s injuries in an action involving multiple at-fault parties.

The analysis can consider:

  • The conduct of each party
  • Whether someone acted negligently or recklessly
  • How each person’s conduct contributed to the accident
  • The causal relationship between the conduct and the resulting damages
  • Whether someone failed to take reasonable steps to avoid or reduce an injury

Washington applies a “fault” definition which includes a number of acts or omissions of a negligent or reckless nature as well as certain unreasonable conduct including an unreasonable assumption of risk and an unreasonable failure to avoid or to mitigate injury or damages.

Does Being Partially at Fault Mean You Cannot Recover?

Not necessarily.

There are certain circumstances when your fault in causing a personal injury will have no bearing on your right to seek recovery for damages incurred as a result of another’s actions.

For example:

  • Total damages: $200,000
  • Claimant’s percentage of fault: 25%
  • Potential reduction: $50,000
  • Remaining damages: $150,000

The example outlined above would, in fact, be subject to a number of different variables, including other parties, types of damages, etc. It would therefore require significant analysis.

What Can Cause an Insurance Company to Assign You Fault?

After an accident, an insurance company can investigate whether you contributed to your injuries.

An insurer might argue that you:

  • Were speeding
  • Failed to follow traffic rules
  • Were distracted
  • Failed to use reasonable care
  • Ignored a known hazard
  • Failed to follow medical recommendations
  • Delayed necessary treatment
  • Failed to take reasonable steps to reduce your damages

An insurance company’s assessment of fault does not establish your legal fault in an accident. Rather, your legal fault will be established by evidence and applicable laws.

How Is Fault Determined?

The parties may dispute who caused the accident and how much fault each party bears for the accident.

Evidence can include:

  • Police reports
  • Accident photographs
  • Surveillance video
  • Dashcam footage
  • Witness statements
  • Medical records
  • Expert testimony
  • Vehicle damage
  • Accident reconstruction
  • Traffic citations
  • Electronic or cellphone evidence when legally obtained

The finder of fact considers the nature of the conduct of each party and the extent to which each party’s conduct caused the resulting damage.

Comparative Negligence in Car Accident Claims

Car accident cases frequently involve disputes about comparative fault.

An example of another party’s fault in a car crash would be another driver running a red light and hitting your car. Initially, it may seem like the other driver is 100% at fault for the car crash; however, the insurer of the other party may argue that you were also speeding or didn’t react in time to avoid the collision.

The parties may dispute:

  • Who had the right of way
  • Vehicle speeds
  • Traffic signals
  • Driver attention
  • Road conditions
  • Visibility
  • Reaction times
  • Whether another action could have prevented the collision

A careful investigation of the facts can reveal what actually happened.

Comparative Negligence in Slip-and-Fall Cases

A property owner may argue that an injured person:

  • Failed to watch where they were walking
  • Ignored warning signs
  • Entered a restricted area
  • Knew about the hazard
  • Failed to take reasonable precautions

Evidence must be presented to establish whether the injured party’s conduct did in fact contribute to the occurrence of the accident and resulting damages.

What About Multiple Defendants?

An accident can involve more than one potentially responsible party.

In Washington, the amount of fault each defendant is determined to have in causing the claimant’s injuries will determine how much each defendant will have to pay to the claimant. Judgment will be entered against each defendant for their portion of the claimant’s total amount of damages, subject to certain statutory exceptions.

Identifying all parties that could be held responsible in a personal injury case is crucial to ensure that all parties are held accountable for their actions.

Can Your Own Actions Affect Your Compensation?

Yes. The amount of compensation for which you are eligible for be reduced based on the amount of fault for which you are responsible for in causing your injury(s).

Other than assigning a certain percentage of fault, your actions cannot be used to decrease your overall compensation. However, these can be used to decrease your recovery in the form of a comparison of fault.

How Can a Personal Injury Attorney Help?

Negligence can become the major point in your personal injury case and affect the amount of your claim.

An experienced attorney can:

  • Investigate the accident
  • Gather and preserve evidence
  • Identify potentially responsible parties
  • Review medical records
  • Consult accident reconstruction or other experts when appropriate
  • Challenge unsupported fault allegations
  • Calculate your economic and non-economic damages
  • Negotiate with insurance companies
  • Prepare your case for trial when necessary

The end goal is to identify the facts surrounding an accident and secure the compensation you deserve.

Why Choose Mcaleer Law?

At Mcaleer Law, we understand that after an accident, the insurance company for the responsible party will look for reasons to downplay the extent of injury to minimize the amount of compensation due to you for their actions.

We provide:

  • Personalized legal representation
  • Thorough accident investigation
  • Evidence-based case preparation
  • Insurance negotiation
  • Damage evaluation
  • Strong courtroom advocacy

Contact a Personal Injury Attorney in Vancouver, WA

Another party caused your injuries but the insurance company claims you are partially at fault for your injuries and therefore you are not entitled to any compensation for your injuries.

The rules concerning comparative fault in Washington can be quite complex, and can in some cases have a very large impact on the value of a personal injury claim where there is fault on the part of more than one party.

Contact Mcaleer Law for a free consultation and to learn how comparative negligence applies to your injury claim.