When someone gets hurt in an accident, figuring out who was at fault matters. In Washington State, the law looks at how much responsibility each person had in causing the accident. This is called comparative negligence. If you’re thinking about filing a personal injury claim, it’s important to know how this rule works and how it affects the money you could recover.
What Is Negligence?
Negligence happens when someone doesn’t act with enough care and it leads to someone else getting hurt. In personal injury cases, there are four main parts needed to prove negligence:
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Duty of Care – The person had a responsibility to act in a safe and reasonable way.
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Breach of Duty – They failed to meet that responsibility.
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Causation – Their actions (or lack of action) caused harm.
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Damages – The harm caused led to physical injuries, financial loss, or both.
An example would be a driver running a red light and hitting another car. That driver owed a duty to follow traffic laws, and breaking that rule could make them legally responsible for any injuries they caused.
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How Comparative Negligence Works in Washington
Washington follows what’s known as a pure comparative negligence system. This means that even if you were partly to blame for your injuries, you can still recover money. But the amount you receive will be reduced by your percentage of fault.
For example, let’s say you were in a car crash and suffered $100,000 in damages. If the court says you were 20% responsible, you could still recover $80,000 (100,000 minus 20%).
Even if you were 99% at fault, you could still get 1% of your total damages. Not all states allow this. Some places cut off your right to recover money if you’re 50% or more at fault. But in Washington, that’s not the case.
When Fault Is Shared
In many accidents, both people may have done something wrong. Maybe one driver was speeding, but the other was distracted. Insurance companies and courts look at all the details and decide how much blame each person shares.
This shared blame doesn’t stop you from filing a claim. It just changes how much compensation you can receive. That’s why having strong evidence is important. Things like police reports, photos, video footage, and witness statements can make a difference in proving your side of the story.
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Insurance Companies and Partial Fault
If you’re filing a personal injury claim, the other person’s insurance company will likely try to say you were partly at fault. The more blame they put on you, the less they may have to pay. They might offer a low settlement or deny part of your claim.
This is where legal help can make a big difference. A personal injury lawyer can step in, collect the right evidence, talk to the insurance adjusters, and make sure you’re treated fairly.
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What Types of Cases Use Comparative Negligence?
Comparative negligence applies in many personal injury cases in Washington, including:
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Car accidents
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Truck accidents
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Motorcycle crashes
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Pedestrian injuries
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Slip and fall incidents
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Bicycle accidents
In any of these situations, more than one person may have contributed to what happened. The pure comparative negligence rule allows injured people to still recover something, even if they played a part in the accident.
Why Comparative Negligence Matters
Here’s why understanding this rule is so important: It affects how much money you may get. If you underestimate your role in an accident or can’t prove the other party’s fault, it can seriously lower your payout.
Let’s break it down again with another quick example:
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You’re walking across a street and not using the crosswalk.
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A driver is speeding and hits you.
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You suffer $50,000 in injuries.
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The court finds you 30% responsible for not using the crosswalk.
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You would still receive $35,000.
Knowing this, it’s clear that proving your level of fault—or lack of it—can impact your final recovery.
Call for Legal Help Today
If you’ve been hurt and are being blamed for part of the accident, you don’t have to go through this alone. A car accident injury claim can feel overwhelming, especially when insurance companies are involved. The lawyers at Murphy Trial Law can help you understand your rights and work to get you the compensation you deserve.
Call (425) 835-2614 to schedule your free consultation today. You don’t pay anything unless your case wins.
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