Washington State follows a pure comparative negligence system under RCW 4.22.005, allowing injured victims to recover compensatory damages even if they are 99% at fault for an accident. Compensation is reduced proportionately to the claimant’s share of liability. For seasoned legal guidance in Spokane, call Monge & Associates at (509) 283-8808 or contact us online.
When you suffer an injury in Washington State, you must determine if any other person, company, or government entity played a role in harming you. This is important because the state’s fault laws provide very strong protection for injured victims.
In fact, Washington State follows a rule called comparative negligence, which can be very beneficial for plaintiffs. Understanding how these statutory principles apply to real-world disputes is why our Spokane personal injury lawyers scrutinize every detail of police reports, scene evidence, and financial losses to protect your financial recovery.
You can also read on to learn more about the comparative negligence rule, how it helps you pursue a claim, and what potential damages you could recover under it.
What is the comparative negligence rule in Washington State?
Washington’s comparative negligence rule is found in the Revised Code of Washington Section 4.22.005. The relevant law states:
“In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant’s contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.”
This rule may sound technical, but here’s how it applies.
In some states, a rule called “contributory negligence” prevents you from pursuing a claim for compensation if you share the blame for the accident that led to injury.
This means that, for example, if you and another driver were in a crash and the other driver was 90% to blame and you were 10% at fault, you could not pursue a claim against the other driver. Only fully “innocent” parties who played no role in the incident could pursue a case.
While many states used to have rules like that, only a small number do now. In Washington State, this rule, called the “contributory negligence rule,” is not in effect. Instead, Revised Code of Washington Section 4.22.005 established a “comparative negligence” rule, which does not prevent you from recovering even if you are mostly responsible for the harm you endured.
You can still get partial compensation based on the fault of the other party.
Washington State is a true comparative negligence state
Washington State did not just adopt comparative negligence as the governing legal doctrine for fault claims. It adopted “pure” comparative negligence. This means that even if the other party was only 10% to blame, or 5%, or whatever number, you can still pursue a claim.
This is also different from many other jurisdictions which adopted modified comparative negligence instead. The statutory thresholds in Washington notably differ from other states that impose strict recovery cutoffs. In modified comparative negligence states, the rules differ by jurisdiction, but in general you can typically pursue a claim only if you are:
- Less than 50% responsible for the incident that caused you harm
- Less than 51% responsible for the incident that caused you harm
These rules, in theory, make sense because ultimately you bear a great deal of the responsibility if you are 50% or 51% at fault for an accident that hurts you.
Unfortunately, they can make claims more difficult and high-stakes because there can be intense arguments over exactly how fault should be split. Evaluating how liability operates under general comparative fault concepts shows why small variations in percentages carry serious financial weight. The difference between being, say 50% responsible and 52% responsible could affect your ability to collect thousands or even millions of dollars.
In Washington State, this is not a concern. There’s no fixed percentage where you lose the right to hold someone who harmed you liable.
How does comparative negligence work in Washington State?
Under the comparative negligence rule in Washington State, you still have to be able to prove that the defendant was at least partly liable for harming you. This means proving:
- They owed you a duty of care or had an obligation to you
- They failed to fulfill that duty of care and fell short in their obligation
- Their failure was at least part of the cause of the incident that hurt you (and the greater their responsibility, the larger share of fault should be attributed to them.)
- You suffered harm you can be compensated for
If you can prove your claim, you can recover compensation that is in line with the percentage of fault attributed to the defendant.
For example, if you suffered $100,000 in damages after a disputed car accident in Washington and you were 30% responsible for the incident, the defendant would cover 70% of the $100,000 in damages or $70,000.
Who determines how fault is divided?
If a case involving comparative negligence goes to court, the jury or judge would typically determine how fault is shared and what compensation, if any, should be provided to the accident victim based on the defendant’s level of blame.
It will be up to you to make the strongest argument possible in these types of cases which is why you should get skilled legal help from Monge & Associates. When multiple parties are involved, establishing who may be held liable requires thorough investigation and robust trial preparation.
In many situations, injury claims also do not ever end up in court. The insurance company for the defendant may negotiate with the injured victims to make a settlement offer. This settlement offer should take into account factors like the strength of the evidence and how likely it is the defendant will be held liable for the resulting harm.
The percentage of fault that will likely be attributed to the defendant is also a factor during settlement negotiations.
Getting help from a Washington State comparative negligence lawyer
If you were injured in or around the Spokane area and you need help making sure you get fair compensation from the defendant who was fully or partly at fault for the accident, you should contact Monge & Associates today. Whether an incident involves commercial vehicles or requires a dedicated Spokane slip and fall lawyer to inspect hazardous property conditions, prompt legal representation protects critical evidence.
Our dedicated legal team has been fighting for the injured since 1993 and we are committed to providing the compassionate advocacy that you deserve as you navigate the legal system and fight for justice. Led by founder Scott Monge, our attorneys have recovered over $1 billion for injury victims nationwide, bringing proven trial experience to every case we handle. Every claim is supported by our 30-day Client Satisfaction Guarantee and our Big Settlement Guarantee, ensuring our clients receive exceptional advocacy with zero upfront fees under our contingency fee model.
To find out more about how a Spokane injury lawyer on our legal team can help you, give us a call at (509) 283-8808 or reach out online to schedule your free consultation.
Monge & Associates Injury and Accident Attorneys
707 W Main Ave Ste 35, Spokane, WA 99201
Phone: (509) 283-8808