What Happens If I’m Partially at Fault in a Car Accident in Washington?
If you’ve been in a car accident in Washington and think you may be partly to blame, you’re probably wondering:
“Can I still recover compensation?”
“Will my case be denied?”
“How is fault determined?”
The good news is that Washington law allows you to recover damages even if you share some responsibility. Here’s what you need to know.
Washington Is a “Comparative Fault” State
Washington follows a pure comparative negligence rule. That means:
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You can recover damages even if you were 99% at fault
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Your compensation is reduced by your percentage of fault
Example:
If you were awarded $100,000 in damages but found to be 30% at fault, you would receive $70,000.
This system ensures that injury victims aren’t barred from justice—even if they made a mistake.
Common Scenarios Where Fault Is Shared
Many accidents involve shared blame. Here are common examples:
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Rear-end collisions where the front car had faulty brake lights
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Intersection crashes where both drivers were speeding
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Lane change accidents with unclear signaling or blind spot issues
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Pedestrian accidents where the pedestrian was jaywalking but the driver was speeding
Don’t assume fault based on what the insurance adjuster tells you. Their job is to minimize payouts—not determine legal responsibility.
How Is Fault Determined in Washington?
Fault is determined based on evidence, including:
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Police and accident reports
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Eyewitness statements
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Traffic camera footage
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Expert reconstruction (in complex cases)
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Medical and vehicle damage records
Insurance companies will perform their own investigation—but your attorney will conduct an independent one to protect your rights.
Can I Still File a Lawsuit If I Was Partially at Fault?
Yes. Whether you file a claim or a lawsuit, comparative fault applies. As long as you weren’t entirely responsible, you have a legal right to seek compensation.
This includes claims for:
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Medical expenses
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Lost income
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Pain and suffering
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Property damage
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Future care or disability
Will the Insurance Company Use My Fault Against Me?
Yes, they will try. Insurers often overstate your responsibility to lower your payout—or deny your claim altogether.
Example Tactics:
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Blaming you for distraction or delayed reaction
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Citing comparative speed even if the other driver ran a red light
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Twisting your recorded statement
This is why having an experienced car accident attorney matters. Your lawyer will push back with evidence and legal arguments that insurers can’t ignore.
What Should I Do If I Think I Was Partly at Fault?
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Don’t admit fault at the scene — even casually
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Document everything — photos, witness names, road conditions
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Get a medical exam — even if you feel “fine”
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Avoid speaking to the other driver’s insurer
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Call an attorney early — before negotiations begin
How Can a Lawyer Help in a Shared-Fault Case?
Your attorney will:
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Investigate independently
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Gather evidence to minimize your fault
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Calculate full, fair compensation
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Negotiate or litigate to protect your payout
Even a 10% shift in assigned fault can significantly impact what you recover.
Frequently Asked Questions
Can I recover damages if I was mostly at fault?
Yes. Even if you were 80–90% responsible, you can still recover a reduced amount in Washington. The only bar to recovery is being 100% at fault.
Will I still get pain and suffering compensation?
Yes—as long as the other party shares some fault. Pain and suffering damages are also subject to the comparative fault formula.
What if the other driver doesn’t have insurance?
You may be able to file an uninsured motorist (UM) claim with your own insurer. An attorney can help explore all available options.
Speak With a Washington Car Accident Lawyer
If you’ve been injured in a crash—even if you think you were partially at fault—you still have rights. Don’t let an insurance company undervalue your case or shift blame unfairly.
At Campiche Andrews, we’ve helped injured drivers across Washington recover millions in compensation, even in complex shared-fault cases.
Call today or fill out our confidential form learn your options and protect your future.
