Can I Still Get Compensation If I Was Partially at Fault?

It’s a common scenario in car accidents: the situation isn’t perfectly black and white. Maybe you were driving just a few miles over the speed limit when another driver ran a stop sign and hit you. Or perhaps you were changing lanes when another car suddenly sped up and a collision occurred. In the back of your mind, you worry, “Did I do something wrong? Does this mean I can’t recover anything for my injuries and car repairs?”

This is one of the biggest and most costly misconceptions in personal injury law. Many accident victims who bear a small percentage of responsibility for a crash simply give up, assuming they have no rights.

The great news for residents of our state is that this is absolutely not true. Yes, you can still get compensation even if you were partially at fault for the accident. Washington State law is specifically designed to handle these shared-fault situations through a legal doctrine known as “pure comparative fault.” Understanding how this rule works is essential to protecting your right to a fair recovery.

Useful Information for You: In a Nutshell

• Yes, You Can Still Recover Damages: In Washington State, being partially at fault does not prevent you from receiving compensation from the other driver.
• It’s Called “Pure Comparative Fault”: This legal rule means your total compensation will be reduced by your percentage of fault, whatever that percentage may be.
• How It Works: If you are found to be 20% at fault, you can recover 80% of your total damages. If you are 90% at fault, you can still recover 10% of your damages.
• Insurance Companies Use This: The other driver’s insurer will try to shift as much blame as possible onto you to reduce the amount they have to pay.
• Evidence is Key: Proving the other driver was more at fault than you requires strong evidence, such as a police report, photos, and witness statements.

Understanding Washington’s “Pure Comparative Fault” Rule

Some states have harsh rules that bar you from recovering any money if you are found to be even 1% at fault. Washington is different. Our state follows one of the fairest systems: pure comparative fault.

The rule is straightforward: your ability to recover damages is simply reduced in direct proportion to your percentage of fault.

Let’s look at a clear example:

• You are in a car accident in Tacoma and suffer significant injuries and vehicle damage.
• Through an investigation and negotiation, it’s determined that your total damages (medical bills, lost wages, pain and suffering) are $100,000.
• However, it’s also determined that while the other driver was mostly at fault for running a red light, you were 10% at fault because you were slightly over the speed limit.

Under Washington’s pure comparative fault rule, you can still recover $90,000 ($100,000 in total damages minus your 10% share of the fault).

This rule applies even at the extremes. If you were found to be 99% at fault, you could theoretically still sue the other driver and recover 1% of your damages.

How Insurance Companies Use Comparative Fault Against You

While this law is fair, it is also the insurance adjuster’s favorite tool. The other driver’s insurer knows that every percentage point of fault they can shift onto you saves them money. This is why, even in what seems like a clear-cut case, an adjuster might try to argue that you:

• Braked too suddenly.
• Didn’t use your turn signal properly.
• Were “distracted” for a split second.
• Failed to take “evasive action.”

Their goal is to muddy the waters and assign you a percentage of the blame. This is why the evidence you gather at the scene—photos, witness statements, and an official police report—is so critically important. It is your best defense against the insurance company’s attempts to unfairly shift the blame.

Don’t Assume You Have No Case

Never assume that because you might have made a small mistake, you have no right to a claim. Most accidents involve a series of actions, and the law is designed to assign fault proportionally. You may feel you were partially to blame, but a thorough investigation could reveal that the other driver was far more negligent and therefore responsible for the vast majority of the damages.

Navigating a shared-fault claim is complex and requires a deep understanding of state law and insurance negotiation tactics. An experienced attorney can build a case to minimize your percentage of fault and maximize your recovery.

If you’ve been injured in a car accident in the Tacoma area and you’re worried that you might be considered partially at fault, don’t give up on your rights. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local professionals who can evaluate the details of your case for free and help you fight for the compensation you are legally entitled to.

References

• Revised Code of Washington (RCW 4.22.005) – Effect of contributory fault:

  This is the official state law that codifies the “pure comparative fault” rule in Washington State, serving as the legal foundation for all shared-fault claims.

  https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005

• Washington State Pattern Jury Instructions (WPI 11.01) – Contributory Negligence/Fault:

  The official instruction that explains to a jury how they must apply the comparative fault rule when determining damages in a trial.

  https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2011.01%20Contributory%20Negligence%20-%20Fault%20-%20Definition.pdf