How Comparative Fault Works in Washington
Comparative fault in Washington determines how responsibility is shared when more than one party contributes to an accident. Washington follows a pure comparative fault system, which allows injured people to recover compensation even if they are partially at fault.
What comparative fault means under Washington law
Comparative fault refers to the process of assigning a percentage of responsibility to each party involved in an accident. This percentage affects how much compensation an injured person may recover.
Fault may be assigned to drivers, property owners, pedestrians, or other parties depending on the facts of the incident.
Washington’s pure comparative fault rule
Washington uses a pure comparative fault system. This means an injured person may recover compensation regardless of their percentage of fault.
Any compensation awarded is reduced by the injured person’s share of responsibility, as set out in Revised Code of Washington § 4.22.
How fault percentages affect compensation
When an injured person is partially responsible for an accident, the amount of compensation is typically reduced by their percentage of fault.
For example, if a person is found to be 30 percent at fault, any damages awarded would generally be reduced by 30 percent.
Comparative fault in Washington personal injury cases
Comparative fault is commonly raised in Washington personal injury cases involving car accidents, pedestrian incidents, bicycle crashes, and premises liability claims.
Insurance companies often dispute fault percentages as part of claim evaluations and settlement negotiations.
Time limits still apply to comparative fault claims
Even when fault is shared, Washington’s statute of limitations still applies. Most personal injury lawsuits must be filed within three years under Revised Code of Washington § 4.16.080.
Missing this deadline can prevent a claim from moving forward, regardless of fault.