Contributory fault, or comparative negligence, plays a significant role in car accident claims in Seattle, Washington.
This legal principle affects the compensation you may receive if you are partially at fault in an accident.
What is contributory fault?
Contributory fault is a situation where more than one party is responsible for an accident. In the context of car accidents, it means you may be partially to blame for the accident. If this is the case, then the compensation you receive is adjusted based on your percentage of fault.
Washington state follows a “pure comparative negligence” rule. This means you can still recover damages (compensation) even if you are 99% at fault, but your recovery will be reduced by your degree of fault.
Impact on compensation
The contributory fault law directly impacts the amount of compensation you can receive. For example, if you are found to be 30% at fault for a car accident and your damages are $20,000, you would only be entitled to 70% of that amount, or $14,000. The court or insurance adjusters will determine the percentage of fault for each party involved.
Determining fault
Determining fault involves a detailed investigation of the accident. Evidence such as police reports, witness statements, traffic camera footage and expert testimony are crucial in establishing the extent of each party’s responsibility. In some cases, both parties may share the blame equally, or one may bear a greater share of the fault.
Contributory fault law significantly affects car accident claims. Understanding how your degree of fault impacts your compensation is crucial. Understanding this will help you better navigate the complexities of these laws and secure the compensation you deserve.