Although a person injured in an accident typically can pursue compensation from those responsible, what happens when the injured party bears some share of the fault for causing the accident and their injuries?
Every state follows one of several rules to determine an injured party's rights when they bear some responsibility for the accident. Washington State follows the pure comparative negligence system, which apportions an injured person's losses according to the injured person's and other at-fault parties' percentages of responsibility for the accident. However, the rule also allows an injured person to seek compensation even if they bear 99 percent of the fault for their injuries.
Washington State law may hold a party negligent if they injure a person or damage someone else’s property through a breach of a duty of care. The duty of care requires a party to act in a way that reasonably avoids causing injuries or property damage.
For example, a driver’s duty of care includes operating their vehicle safely and following all traffic laws. A driver who breaks traffic laws or drives carelessly puts others on the road in danger of getting hurt in a motor vehicle crash. A party may bear liability in a negligence claim if they breach a duty of care they owe to another person and directly cause that person’s injuries.
Washington State also recognizes more serious types of negligence, such as gross negligence. Gross negligence occurs when a party fails to exercise slight care or uses substantially less than the ordinary degree of care expected of a party.
Traditionally, the law followed a rule known as “contributory fault.” Under this rule, a person injured in an accident could not pursue a personal injury claim against a party or parties who bore liability for the accident and the person’s injuries if that person had any sliver of responsibility for causing the accident or their injuries. Even if another party bore 99 percent of the fault for an accident, the contributory fault rule barred an injured party from seeking compensation if they bore the other one percent of responsibility.
Because this rule could lead to harsh and seemingly unfair results, many states shifted from the contributory fault rule to a comparative negligence system. Under the comparative negligence system, an injured party does not automatically lose the right to pursue a personal injury claim just because they bear some of the fault for an accident. States follow one of two forms of the comparative negligence rule: "pure" comparative negligence and "modified" comparative negligence.
The pure comparative negligence rule does not bar an injured person from filing a compensation claim because they bear some responsibility for causing their injuries. However, the modified comparative negligence rule limits the degree of responsibility an injured person can have for causing an accident before they lose the right to pursue compensation. Various states that follow the modified comparative negligence rule use different thresholds to cut off an injured party's right to compensation:
The Washington comparative negligence rule follows the “pure” comparative negligence system. Under Washington State’s comparative negligence rule, a person injured in an accident can file a legal claim even if they bear 99 percent responsibility for causing the accident that led to their injuries. However, the rule further states that any portion of fault for the accident attributable to the injured plaintiff can reduce the plaintiff’s financial recovery in proportion to their percentage of responsibility.
For example, suppose a driver suffers $100,000 in financial and personal losses due to a motor vehicle accident. In that case, the driver might file a lawsuit to obtain a judgment to recover $100,000 for their losses. However, if the jury finds that the driver bears 25 percent of the fault for the accident, the court can reduce the driver's financial recovery by $25,000 to reflect their share of fault for the crash.
Under Washington's comparative negligence rule, the driver can still file a lawsuit even if they bear 99 percent of the fault for the crash to recover $1,000 from the other at-fault driver (which reflects the other driver's one percent of responsibility).
Depending on the accident that injured you, you might rely on various kinds of evidence to prove the other party's or parties' fault for the accident and your injuries. Common examples of evidence used to determine fault in personal injury claims include:
An injured accident victim might assert a claim of “negligence per se,” a legal theory that deems a party negligent because they committed a legal violation in the events leading up to an accident. For example, a drunk driving accident victim might try to hold the intoxicated driver negligent per se because they violated Washington’s DUI laws.
As a result, a defendant in a negligence per se claim may bear liability for an accident even if they otherwise acted with the utmost care. However, a defendant in a negligence per se claim may rely on the pure comparative negligence rule as a defense to total liability for an accident and the losses of injured victims. A defendant might argue that an injured party's negligent acts or omissions caused or contributed to the accident.
For example, a drunk driver who becomes a defendant in a negligence per se claim may argue that the injured plaintiff bears some degree of responsibility for the motor vehicle accident because the plaintiff ran a red light or exceeded the speed limit immediately before the collision. Depending on the circumstances of an accident, an injured plaintiff may end up bearing most of the fault in a negligence per se case.
Although the pure comparative negligence rule typically applies in personal injury lawsuits, insurers may also consider the rule in negotiating settlements of injury claims. When an insurer believes that the evidence supports the finding that a claimant bears a percentage of fault for an accident, the insurer may reduce their settlement offer in proportion to the claimant's share of responsibility. The insurance company knows the court will reduce the claimant's judgment by the same percentage under the pure comparative negligence rule.
However, insurers handling Washington State injury claims know that the pure comparative negligence rule gives an injured person the right to seek financial recovery even if they bear most of the fault. As a result, insurers must continue negotiating a settlement even if they determine that the claimants bear most of the fault for the accident.
When you have a personal injury claim in Washington State, the statute of limitations imposes a deadline on pursuing your claims. You typically have three years after getting hurt in an accident to file a lawsuit against those responsible for your injuries and losses. Furthermore, the State Tort Claims Act requires you to file notice of your personal injury claim with the state or local government if you have a personal injury claim arising from the negligence of public employees.
Suppose you fail to file your claim notice or lawsuit before the statute of limitations expires on your personal injury claim. In that case, you may lose the opportunity to pursue financial recovery for your injuries and losses through the court system if the court dismisses your claim as untimely filed. If that happens, you lose your leverage against the insurance company. For this reason, you can protect your rights and options by speaking with a personal injury attorney as soon as possible after getting hurt in an accident due to another party's fault.
When you've suffered injuries in an accident, you deserve to recover compensation for your ongoing and future losses. However, the at-fault parties or insurance companies may try to minimize their liability by shifting some of the blame for the accident onto you. Washington's pure comparative negligence rule may affect your financial recovery if a court finds that you share some of the responsibility for causing an accident and your injuries.
Contact Freeman Law Firm, Inc., today for a free, no-obligation consultation to discuss your legal options with an experienced personal injury lawyer. Let us protect your right to the money you deserve and fight to maximize your compensation for your injuries and losses.
Disclaimer: The information on this website is for general informational purposes only and is not legal advice. Viewing or using this site does not create an attorney-client relationship with Freeman Law Firm, Inc. Case results depend on specific facts and cannot be guaranteed. For legal guidance for your individual situation, contact our office for a consultation.
