Comparative negligence in Washington State is a process by which compensation is reduced in proportion to the percentage of fault a party committed.
Unlike most states, Washington uses a pure comparative negligence model and does not bar recovery. Consult an Everett personal injury lawyer from Murphy Trial Law to learn more.
Understanding Common Comparative Negligence Models
States use different types of models to determine how to proceed when parties share fault for an accident. Many states use what is known as comparative negligence, which assigns parties a percentage out of 100% to represent how much of the accident they caused. What happens next depends on the type of comparative negligence a state has adopted. The most common models are:
- Comparative negligence with 50% bar: This type of comparative negligence sets a threshold at 50%, which means that parties who are 49% or less at fault can recover reduced compensation. Those whose fault level is 50% or higher cannot recover compensation.
- Comparative negligence with 51% bar: This model sets the cut-off threshold for compensation at 51%, meaning that only parties 50% or below can recover reduced compensation.
- Pure comparative negligence: With this type of negligence, there is no threshold that bars recovery. An individual can be 99% at fault and still recover a portion of their losses through a settlement.
- Contributory negligence: This model takes a very strict approach, and very few states use it anymore. In this model, even 1% of fault can bar individuals from recovering compensation. As such, a party must be blameless in order to recover their losses after an accident.
Many states operate on a form of comparative negligence, which makes it easier for injured parties to still recover losses even if they contributed to the accident to a lesser degree. However, minimizing fault is important for recovering as much compensation as possible. If you are partially at fault for an accident, talk to Murphy Trial Law today about your options.
For a free legal consultation, call (425) 835-2614
How Pure Comparative Negligence Works in Washington
Washington state has adopted the pure comparative negligence model, which is outlined in RCW 4.22.005. This means that as long as you are not 100% at fault for the accident, you can still pursue compensation for losses caused by the portion of the accident you did not contribute to. Without a threshold barring you from recovery, the value of your damages is reduced by your fault percentage.
To fully understand Washington’s comparative negligence laws, let’s look at a possible scenario. You’re driving through Washington when a driver collides with you because they were texting and driving. However, you were driving 15 mph over the speed limit. After an investigation, it may be determined that the driver was 75% at fault for the accident and you were 25% at fault.
In this situation, you can only recover 75% of your losses through compensation, and the other driver can only recover 25% of what they lost. Both parties lose compensation proportionally to counteract their level of fault. Murphy Trial Law can provide further clarification about what pure comparative negligence is and its effect on your claim.
How Pure Comparative Negligence Impacts Your Washington Personal Injury Claim
Washington State comparative negligence can deeply affect your case and limit your ability to recover your losses. While there is no threshold barring you from compensation, small deductions in compensation can be costly. For example, if the value of your losses is valued at $100,000, a 10% fault contribution is a $10,000 decrease in recoverable compensation. This means that expenses may linger into the future.
Shared fault can also make the claim process more challenging. Fault determinations can take time, as can dealing with insurance companies who try to increase your fault allocation. This means that you may need to spend more time gathering evidence and preparing your case. Negotiations between lawyers and insurance companies may also take more time to reach an agreement and resolve the case.
Given the way pure comparative negligence can affect your case, it is important to prepare your case and expectations accordingly. Murphy Trial Law discusses the specific factors and strengths and weaknesses that apply to your personal injury claim and strategically approaches your case so it is fully optimized for maximum recovery. We tirelessly fight to protect your settlement.
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How a Personal Injury Attorney Can Improve Your Outcome
Expenses after an accident can feel daunting, and every penny makes a difference in reducing the financial burden you’re carrying. Reduced compensation means that you have to cover more out of pocket, which can be stressful. Murphy Trial Law helps improve your outcome by building a strong case to ensure you don’t lose any more compensation than is absolutely necessary under the law.
Our team takes the time to understand your circumstances, gather high-quality evidence, and leverage our knowledge of Washington state personal injury laws and negotiation tactics to fight for you. Insurance companies often use Washington state pure comparative negligence to increase your degree of fault so they can pay less. However, we fight to ensure this doesn’t happen.
Regardless of what type of accident you have been involved in, our attorneys work tirelessly to make sure you get the most favorable outcome for your situation. We protect your rights by ensuring that other parties don’t take advantage of your vulnerabilities or partial fault to serve their own agenda. Our team optimizes your case from the start and pivots as needed throughout your case.
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Discuss Washington’s Pure Comparative Negligence and Your Options
Murphy Trial Law can help you navigate comparative negligence in Washington state and help lessen its impact on your claims and life. Our experienced team handles all communications to negotiate a better outcome in your case and ensure insurance companies don’t unfairly blame you. Reach out to us today to schedule a free case review and discuss how to move forward with a shared fault claim.
Call or text (425) 835-2614 or complete a Free Case Evaluation form