Contributory Fault

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If you’ve been in an accident and think you might be partly to blame, you’re probably wondering if you can still file a claim. The good news is that in Washington state, the answer is usually yes.

Washington follows a rule called pure comparative fault, which means that even if you share some responsibility for what happened, you may still be entitled to compensation. Keep reading to learn what this means and how it could affect your case.

What Is Contributory Fault?

“Contributory fault” is just a legal way of saying that more than one person might be responsible for an accident. If you were hurt but also made a mistake that contributed to your injuries (like speeding or not wearing a seatbelt), that can be taken into account.

Washington’s system doesn’t punish you for making a mistake. Instead, it simply reduces the amount of money you can recover based on how much the accident was your fault.

How Does Comparative Fault Work?

Here’s how the system plays out in real life: even if you’re partially responsible for the accident, you can still recover damages. However, your total compensation will be reduced by your share of fault.

Here’s a simple example:

• Your total damages (like medical bills and lost wages) are $100,000.
• You are found to be 30% at fault for the accident.
• You would still receive $70,000 (because $100,000 – 30% = $70,000).

However, insurance companies often complicate matters by assigning blame.

Common Situations Where Fault Is Shared

It’s pretty common for both parties to share some of the blame in an accident. These situations can include:

• A driver backing out of a parking space while another driver is speeding
• A pedestrian stepping into traffic while distracted
• A bicyclist riding outside of a bike lane while a driver changes lanes

In all of these cases, more than one person may be found responsible. The key is figuring out how much fault each person bears.

How Is It Decided Who’s at Fault?

Figuring out who caused an accident isn’t always straightforward. It often requires a thorough look at the facts. To determine fault, investigators and attorneys may consider factors like:

• Police or accident reports
• Statements from drivers and witnesses
• Traffic camera footage or dash cam videos
• Photos of the scene and vehicle damage
• Medical records and expert opinions

All of these pieces of information help paint a picture of what happened. However, keep in mind that insurance companies often use this process to try to blame you, even if you weren’t primarily at fault.

That’s why it’s so important to have someone on your side who knows what to look for and how to fight back.

How Fault Is Divided if Multiple Parties Are Responsible

Not every accident is black and white. In many cases, more than one person shares responsibility for what happened — including the injured party. Washington’s contributory fault rule doesn’t just apply to you; it applies to everyone involved.

For example, suppose a multi-vehicle crash happened because one driver was speeding, another was texting, and a third didn’t yield properly. In a situation like that, the court or insurance companies will divide fault among all drivers based on their role in causing the accident.

Each party is then responsible for paying its portion of the damages. If you’re partly at fault, your compensation will be reduced accordingly — but you can still pursue a claim against others whose actions contributed to your injuries. A good attorney will help make sure the percentages reflect what actually happened.

What Should You Do if You Might Be Partly at Fault?

If you were in an accident and believe you might be partly responsible, staying calm and taking strategic steps is critical. What you do early on can have a major impact on your case—especially when contributory fault might be an issue.

Here’s how to protect yourself:

• Don’t admit fault at the scene. Stick to the facts when speaking with police, and avoid apologizing or guessing what happened.
• Document everything. Take photos of the vehicles, surroundings, traffic signs, and anything else that may show how the accident occurred.
• Get a copy of the police report. It may include preliminary findings about fault—but it’s not the final word.
• Avoid giving recorded statements to insurance companies. Do not speak with adjusters until you have consulted a lawyer. They may try to use your statements to unfairly place blame on you.
• Keep detailed records. You’ll want to hold onto your medical treatments, missed work, and accident-related expenses for the sake of your case.

Even if you think you made a mistake, that doesn’t mean you’re disqualified from recovering compensation. Comparative fault is not a dealbreaker—it just changes how your damages are calculated.

Contact Davis Law Group Car Accident and Personal Injury Lawyers for a Free Consultation With a Seattle Personal Injury Lawyer

Being partly at fault for an accident doesn’t mean you’re out of options. You still have rights and may still be entitled to significant compensation.

Contact Davis Law Group Car Accident and Personal Injury Lawyers today at (206) 727 4000 to schedule your free consultation. Our Seattle personal injury attorneys will review your case, answer your questions, and help you understand what your next steps should be. We’ll work together and fight for the compensation you deserve.