Know the Law: RCW 4.22.005 — How “Comparative Fault” Affects Your Accident Claim
What If the Accident Was Partly My Fault?
It’s one of the most common worries we hear: “Can I still get compensation if I might have been partially to blame for my accident?” In Washington State, the answer is yes. This page explains our state’s “pure comparative fault” law, how your percentage of fault is determined, and how insurance companies use it to reduce payouts.
The Law Itself: Full Text of RCW 4.22.005
Here’s the exact wording of Washington State’s comparative fault statute:
RCW 4.22.005 – Effect of contributory fault:
“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.”
Key Components Breakdown
To clearly understand how comparative fault applies, keep these key points in mind:
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“Pure” Comparative Fault: Washington law allows you to recover damages even if you are 99% at fault.
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Reduction of Damages: Your total compensation will be reduced by your percentage of fault.
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“Entity” Includes Everyone: The law considers the fault of every person or entity who contributed to the injury, whether they are part of the lawsuit or not.
Plain Language Explanation
Washington’s comparative fault rule means that being partially responsible for an accident does not prevent you from recovering money for your injuries. Instead, a court or jury will determine your percentage of fault, and your final compensation award will be reduced by that amount.
A Simple Example:
If you have $100,000 in damages from a car accident but are found to be 20% at fault (perhaps for slightly speeding), you can still recover 80% of your damages, or $80,000. Insurance adjusters will often try to assign you the highest percentage of fault possible to minimize their payout.
How the Law Protects Accident Victims
Washington’s comparative fault system is designed with the realities of accidents in mind. People make mistakes, and it’s not uncommon for more than one person or party to contribute to a situation that results in injury. Rather than using a rigid all-or-nothing rule, Washington’s approach helps ensure that people who were injured still have access to justice and compensation.
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Ensuring Fairness: This law avoids the harsh outcome of denying someone compensation simply because they shared a small portion of the blame. Even if you were mostly at fault, you may still recover damages based on your actual level of responsibility.
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Holding All Parties Accountable: Comparative fault takes a broad view of responsibility. It allows claims to account for every person or organization whose negligence contributed to the injury—not just those directly named in the lawsuit—ensuring no one escapes accountability.
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Allowing You to Fight Back: Insurance companies often attempt to overstate a victim’s responsibility to lower the amount they have to pay. Comparative fault law gives you a way to push back, present your evidence, and ensure that any blame placed on you is proportionate and fact-based.
Legal Options and What You Can Recover
Even if you were partially at fault for your injuries, Washington law allows you to pursue compensation. Comparative fault doesn’t erase your right to recover—it simply reduces your final compensation by your share of responsibility. Here’s what you may be able to recover:
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Medical Costs: This includes hospital bills, emergency room visits, follow-up care, physical therapy, prescription medications, and any future treatment related to your injuries.
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Lost Wages and Reduced Earning Ability: If your injuries forced you to miss work or left you unable to return to your previous job, you can seek compensation for your lost income and long-term vocational impact.
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Pain, Suffering, and Emotional Distress: Washington law allows compensation for the physical pain and mental anguish caused by your injury, including anxiety, depression, and loss of enjoyment of life.
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Rehabilitation Expenses: This includes physical and occupational therapy, assistive devices, and other long-term recovery needs tied to the accident.
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Property Damage: You can recover the cost of repairing or replacing property damaged in the accident, such as a vehicle, phone, or personal items.
Your final compensation will reflect your percentage of fault. For example, if you are awarded $50,000 in total damages but found to be 10% at fault, your final award will be reduced to $45,000.
Frequently Asked Questions (FAQ)
Understanding how comparative fault works in real-life scenarios can be difficult, especially if you’ve never dealt with an injury claim before. These frequently asked questions address some of the most common concerns we hear from clients in Western Washington.
How is my "percentage of fault" actually determined?
Your percentage of fault is determined based on evidence from the accident, including police reports, witness statements, expert testimony, and sometimes even surveillance footage.
What if the other driver lies and says the accident was all my fault?
This is common. An attorney can help gather evidence, challenge false claims, and advocate on your behalf.
Does comparative fault apply in a slip-and-fall case?
Yes. Comparative fault applies to all personal injury claims in Washington, including slip-and-fall cases.
What if there were three or more cars in the accident?
Fault will be distributed among all involved parties according to their respective contributions to the accident.
Can I be found 100% at fault? What happens then?
Yes. If you’re found entirely responsible, you won’t be able to recover compensation from other parties.
Why do I need a lawyer if the insurance company is already offering me a settlement based on comparative fault?
Insurance companies aim to minimize payouts. A lawyer ensures your fault percentage is fair and that you receive maximum compensation.
If a jury finds me 10% at fault, who pays the other 90%?
The other responsible party or parties will be liable for the remaining 90%.
Will comparative fault affect my ability to settle out of court?
Yes, it can. Your fault percentage will still influence the total amount you’re offered during negotiations, even if you avoid a trial.
How do courts assign fault percentages in complex cases?
In complex cases involving multiple parties or unclear causes, courts may rely on accident reconstruction experts, engineers, or other specialists to provide insight into who contributed to the harm and how much.
What happens if someone else is partially at fault but not part of the lawsuit?
Washington law allows fault to be assigned to non-parties. This can reduce the damages the defendant must pay—but it can also complicate your case.
Can comparative fault apply to pedestrian or cyclist accidents?
Absolutely. Pedestrians and cyclists can share fault too, depending on their actions (e.g., jaywalking, riding outside designated lanes). The same rules apply to how compensation is reduced.
Does comparative fault apply in dog bite cases?
It can, especially if the victim’s actions contributed to the incident—such as provoking the dog or trespassing at the time of the bite. However, Washington’s strict liability laws still favor bite victims in many cases.
Helpful Resources
Your Next Steps: Don’t Let an Unfair Blame Game Reduce Your Recovery
Being partly responsible for an accident does not mean you lose your right to compensation. At The Law Offices of Michael Clark, we help accident victims navigate the complexities of comparative fault. Our consultations are free, confidential, and have no obligations.
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Understand Your Rights: Clarify your legal options in a pressure-free consultation.
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Protect Your Recovery: Ensure the fault assigned to you is fair and justified.
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Act Early: Early action safeguards evidence and strengthens your claim.
If you’re ready to talk or simply want to learn more, contact us today for your free and confidential case evaluation.