Many people assume that being partly at fault for an accident means losing the right to any compensation at all. That assumption comes from other states, not Washington. Here, the rules work in a way that can genuinely surprise someone dealing with an injury in Edmonds for the first time.
Washington Follows A Pure Comparative Negligence Rule
Under state law, an injured person’s compensation is reduced by their own percentage of fault, but that fault does not bar recovery no matter how high the percentage climbs. This is written directly into Washington’s comparative fault statute, which states that contributory fault diminishes an award proportionally without ever eliminating it. That single distinction separates Washington from the majority of states, which cut off recovery entirely once an injured person’s share of fault crosses a set threshold.
How This Differs From What Neighboring States Do
Many states use a modified system with a 50 or 51 percent bar, meaning a person found more than half at fault recovers nothing. Washington has no such cutoff. Someone found 70 percent, 80 percent, or even 90 percent at fault can still recover the portion of damages attributable to the other party’s fault. The math simply scales down as the injured person’s own share goes up, rather than disappearing past a fixed line.
Working Through A Simple Example
Consider a claim worth $100,000 in total damages. If a jury or insurer determines the injured person was 30 percent at fault, they would recover $70,000. If instead that same person were found 70 percent at fault, they would still recover $30,000. Under a modified system with a 50 percent bar, that second scenario would result in zero recovery, which is exactly the outcome Washington’s rule is designed to avoid.
Why This Still Makes Fault Investigation Worthwhile
Because every percentage point changes the dollar amount recovered, fault allocation remains a central part of any claim even though there is no bar to worry about. Insurers still investigate closely and often argue for a higher fault percentage against the injured person, since that directly reduces their payout. Useful evidence for pushing back on an inflated fault estimate includes:
- Photos taken at the scene showing road conditions and positioning
- The official collision report and any citations issued
- Statements from anyone who witnessed the incident
- Medical records tying the injury directly to the event
What This Means For Edmonds Riders And Drivers
Edmonds sees a mix of ferry traffic, waterfront pedestrian activity, and residential streets, which can create disputes over exactly how fault should be divided between everyone involved. Because Washington allows recovery regardless of the fault percentage, working with an Edmonds personal injury lawyer early can help make sure that division reflects what actually happened rather than an insurer’s first offer.
Getting A Clearer Picture Of Where Fault Lands
Since there is no bar working against an injured person, the real question usually becomes how the fault percentages should be split and what that means for the total recovery. An Edmonds personal injury lawyer can review the evidence and push back where an insurer’s fault estimate does not match the facts.
Sorting out these percentages on your own, especially while recovering from an injury, is a lot to take on. Reach out to Deno Millikan Law Firm, PLLC to go over what happened and what your options look like from here.