What Are Washington’s Comparative Negligence Laws?

Whether you were involved in an accident in Seattle, Tacoma, Spokane, Bellevue, Everett, or a rural part of Washington state, you may be wondering how fault will impact your ability to recover compensation. Fortunately, Washington State follows a comparative negligence system, which determines how much each party contributed to the accident and adjusts compensation accordingly.

This law plays a major role in every Washington personal injury case from motor vehicle crashes on I-5 to pedestrian accidents in downtown Seattle to even slip and fall incidents in Tacoma. With that in mind, understanding the state’s comparative negligence rules can help ensure your chances of protecting your rights and avoid insurance tactics that attempt to undervalue your claim.

Understanding Comparative Negligence

Comparative negligence is the legal framework used to allocate fault when more than one party contributes to an accident. This ensures that every party that had a role in causing the accident in question is held accountable for their actions. For example, in the event of a multi-car pileup on the I-90 highway, every driver that caused damage will be held accountable for their actions. 

In addition, there are two types of comparative negligence, Pure (anyone can recover compensation no matter the degree of fault) and Modified (where hitting certain threshold of fault prevents you from recovering compensation), and while the degrees of liability will vary from state to state, it can ultimately affect the outcome of a personal injury lawsuit.  

Is Washington a Pure or Modified Comparative Negligence State?

Under RCW 4.22.005, Washington follows a Pure Comparative Negligence rule, which means an injured person’s compensation is reduced by the percentage of fault attributed to them. So even if you made a mistake, such as being slightly distracted while driving on SR-520 or crossing a street outside a marked crosswalk in Vancouver, you may still be entitled to compensation for the portion of negligence caused by someone else.

How Damages are Reduced Based on Fault

If you are awarded compensation, your payment is reduced by the percentage of fault assigned to you. 

For example, if you are injured in a car crash near Seattle’s Capitol Hill and your damages total $150,000, but investigators find you 20% at fault for speeding slightly, then your new awarded total will be $120,000.

What Factors Influence Comparative Fault in Washington?

Accidents in Washington State are evaluated using a combination of evidence, state traffic laws, and environmental conditions. While Washington’s weather such as heavy rain, fog, black ice, and steep terrain often plays a role in determining how fault is assigned, other key factors can play a large role in proving negligence. For instance:

• Police Reports and WSP Findings– The Washington State Patrol and local police departments provide critical official documentation after highway or city collisions.
• Dashcam, Traffic Camera, and Red-Light Camera Footage– Cities like Seattle, Tacoma, and Bellevue have extensive traffic monitoring systems to clear up any debate regarding fault.
• WSDOT Road Maintenance Issues– Government entities may share liability for unsafe road design, poor lighting, or failure to repair hazards.
• Pedestrian Right-of-Way Laws– Washington has strong pedestrian protections under RCW 46.61.235, which can influence comparative fault.
• Cell Phone and Distraction Evidence– Distracted driving is a major cause of accidents in the State and may shift fault percentages significantly.

Because Washington’s pure comparative negligence system allows even small percentages of fault to reduce compensation, insurance companies frequently try to exaggerate the victim’s responsibility. Should this happen, legal representation is crucial to preventing this.

Are There Any Exceptions to Washington’s Comparative Negligence Rule?

While Washington’s pure comparative negligence rule applies broadly, there are several key exceptions and nuances that can affect personal injury claims.

1. Joint and Several Liability Exceptions– Under RCW 4.22.070, each defendant is typically liable only for their portion of fault. However, in certain cases such as when parties act in concert or when an employer is responsible for an employee, joint and several liability may apply.
2. Intentional Acts– Comparative negligence does not reduce damages in cases involving intentional harm, such as assault.
3. Strict Liability Situations– Some claims, such as dog bites or certain product liability cases, impose liability regardless of the victim’s actions. Comparative negligence may still influence damages if reckless conduct by the victim contributed.
4. Suits Involving Government Agencies– Claims involving WSDOT, King County Metro, Sound Transit, city road maintenance, or school districts may have special procedural rules under Washington’s tort claims statutes.

What to Do If You Are Partially at Fault in an Accident?

If you believe you contributed in any way to your accident you should take steps to protect your rights under Washington’s comparative negligence laws. Whether you were involved in a crash on I-405, experienced a slip on ice in Spokane, or got into a bike accident in Bellingham, you are well within your right to file a claim with a skilled Washington personal injury lawyer and recover for any damages you have lost. 

West Coast Trial Lawyers is a law firm that specializes in personal injury cases and their team of attorneys are committed to holding negligent parties accountable for their actions. With decades of experience and a mission to give people the legal representation they need, our attorneys are dedicated to help get a better understanding of your situation. 

Call us today at (213) 927 3700 or fill out our online contact form for a free case consultation!