Understanding Fault and Personal Injury Claims in Washington
After an accident, one of the most confusing issues for injured people in Washington State is whether they can still file a personal injury claim if they think, or fear, they might be at fault. Many car accident victims assume they lose all rights to compensation if they made a mistake on the road. In reality, Washington’s fault laws work differently than many people expect.
At Ron Meyers and Associates, we regularly help injured people who believed they couldn’t file a claim because they shared some responsibility for the crash. Washington’s pure comparative negligence system allows you to recover compensation even if you were partly, or significantly, at fault.
Here’s what that means, how it affects your case, and when you should contact a Personal Injury Lawyer for guidance.
Can I Claim Personal Injury If the Accident Was My Fault?
Yes, you may still be able to claim personal injury even if the accident was partly your fault.
Washington follows a legal rule called pure comparative negligence. This means:
- Fault is divided between the drivers
- Your compensation is reduced by your percentage of fault
- You can still recover damages even if you are 99% at fault
For example:
- If your damages total $100,000
- And you are found 40% at fault
- You can still recover 60%, or $60,000
This system gives injured people options, even in complicated crashes or situations where responsibility is shared.
What Happens If You Were Partially at Fault in an Accident?
If you were partially at fault, your case will focus on determining your percentage of fault. Insurance companies often try to increase your share of the blame to reduce what they must pay, even when the evidence does not support their claims.
Common scenarios where partial fault may apply include:
- Rear-end collisions with sudden stops
- Multi-vehicle crashes
- Unsafe lane changes
- Poor road conditions
- Speeding combined with another driver’s negligence
Even if you believe you were partly responsible, it’s important to speak with an attorney before making statements to insurers.
Can You Still Receive Compensation If the Injury Was Partly Your Fault?
Yes. Many people injured in car accidents, pedestrian accidents, motorcycle crashes, and truck collisions successfully recover compensation even when they contributed to the crash in some way.
Compensation may include:
- Medical expenses
- Lost wages
- Future treatment needs
- Pain and suffering
- Loss of mobility
- Reduced earning capacity
How Fault Percentage Affects Your Ability to Make a Personal Injury Claim
Because compensation is reduced based on your share of fault, the exact percentage matters significantly.
- Minimizing the other driver’s negligence
- Claiming injuries were pre-existing
- Arguing you were more at fault than you were
- Relying on incomplete investigations
This is why accident victims often seek guidance from Catastrophic Injuries Lawyers. who understand how to challenge unfair fault assessments and build strong cases.
How Fault Is Determined in a Washington Injury Claim
- Police reports
- Eyewitness statements
- Traffic camera or dashcam footage
- Photos of vehicle damage
- Accident reconstruction
- Cell phone and GPS data
- Event data recorders
What to Do If You’re Unsure Whether You Were at Fault
- Do not admit fault to anyone
- Get medical treatment immediately
- Document the scene and injuries
- Request a police report
- Talk to an attorney before recorded statements
FAQs
Can You Claim Personal Injury If the Accident Was Your Fault?
Yes. In Washington, you can still pursue compensation even if you contributed to the crash.
What Happens If You Were Partially at Fault?
Your compensation is reduced by your percentage of fault.
Can You Still Receive Compensation If You Share Fault?
Yes. Washington’s pure comparative negligence allows recovery even with high fault.
How Is Fault Determined?
Fault is determined using evidence such as reports, photos, video, and witness statements.
Can You Claim Damages If Both Drivers Share Responsibility?
Yes. Compensation is adjusted according to each driver’s percentage of fault.
