Mistakes happen, but when those mistakes lead to a car accident, the details matter. Even if you are largely the victim of another driver’s negligence, you may have been speeding, run a stop sign or violated a traffic law yourself — and that could have contributed to the wreck.
How does that affect your right to compensation for your injuries and losses in Washington? Even if you are partially at fault for an accident, you may still be entitled to damages under the pure comparative negligence rule. Your level of fault can determine how much compensation you can recover after a car accident. Here is what you should know:
What is pure comparative negligence?
Washington is a pure comparative negligence state, which means victims can still seek damages even if they are partially responsible for an accident up to 99% of fault. Fault is determined by reviewing evidence and examining each driver’s duty of care. If a driver breached their duty of care, they may be at fault for a car accident. If a driver exceeds 99% of fault, they may not be entitled to damages.
How does your share of the fault impact your compensation?
Your percentage of fault could potentially impact how much compensation you can recover for your medical bills, property damage and other losses. The amount of damages you can recover can be reduced by your percentage of fault. For example, if you were 20% at fault for the accident for driving above the speed limit, your compensation may be reduced to 80%. For a $100,000 claim, that means you would receive $80,000.
It’s critical to protect your rights after an auto accident by making sure that you are not unfairly blamed for the wreck. Professional legal guidance can help guard against attempts to shift liability your way.