Car Accidents and Comparative Fault: What Happens When Both Drivers Share Blame?
Car accidents can be stressful and confusing events, especially when it’s not clear who is at fault. Unlike what many people might assume, it’s common for both drivers involved in a collision to share some responsibility for what happened. In Washington State, the law recognizes this reality and uses a system called comparative fault to handle these situations.
When you’ve suffered a personal injury in a crash where both parties share blame, it’s important to understand how the law works, what evidence will affect your claim, and how your recovery may be impacted.
Personal injury cases involving shared fault require careful attention because the amount of money you may receive depends on your percentage of responsibility for the accident. Here, our Washington car accident attorneys explain how the state's comparative fault rule works, the ways fault is determined, common accident scenarios involving shared blame, the impact on personal injury claims, and practical steps you can take to protect your rights. Keep reading for more information.
At Gierth-Eddy Law Offices PLLC, we understand that facing the aftermath of a car accident can be overwhelming. That's why we're here to guide you every step of the way. Whether you're dealing with the physical, emotional, or financial challenges following an accident, we're here to help you seek the justice and compensation you deserve. Reach out to us today, and let us support you on your path to recovery.
Washington’s Pure Comparative Fault Rule
Washington is one of the states that follows a pure comparative negligence system, which means the degree to which you contributed to the accident will reduce your damages proportionally. For example, if you’re found to be 40 percent at fault in a crash, your personal injury damages award will be reduced by 40 percent.
Unlike some other states where you might be barred from recovery if you’re 50 percent or more at fault, in Washington, even if you’re 99 percent responsible, you can still recover one percent of your damages. This system is designed to allocate damages fairly based on the level of fault each party carries.
In personal injury law, fault means legal responsibility for causing harm. It’s important to know that proving fault doesn’t mean blaming the other driver entirely. Instead, it involves showing how each party’s actions or negligence contributed to the accident.
The defendant in a personal injury claim has the burden to prove the plaintiff’s share of fault once the plaintiff establishes that the defendant was negligent.
This approach helps balance the interests of injured parties with fairness toward drivers who share blame. It also encourages all drivers to exercise caution on the road since fault and liability can be shared.
How Fault Is Determined: Evidence and Factors
Determining fault in car accidents where blame is shared requires a detailed examination of the facts. Several types of evidence come into play to assign fault percentages fairly:
Traffic citations and violations: Tickets for running a red light, speeding, failing to yield, or other infractions provide strong evidence of negligence. However, a citation doesn’t automatically decide fault, but it weighs heavily.
Physical evidence: Skid marks, the location and extent of vehicle damage, debris patterns, and road conditions are crucial clues to how the accident unfolded.
Witness statements: Eyewitnesses can offer independent accounts of the crash and driver behavior.
Driver statements: What each driver says at the scene or afterward can affect fault, especially if someone admits fault or tells conflicting stories.
Accident reconstruction: Experts can analyze the evidence, including vehicle speeds, angles of impact, and braking distances, to provide an objective view of how the accident happened.
Road and weather conditions: Slippery roads, poor visibility, or other environmental factors might reduce or increase driver responsibility.
Driver conduct: Distraction (like texting or eating), impairment from alcohol or drugs, and failure to use signals or headlights factor into fault.
Vehicle maintenance: Mechanical failures, such as brake or tire issues, may shift some responsibility if they contributed to the crash.
Judges, juries, and insurance adjusters consider all these factors together to assign fault percentages. Because each accident is unique, the process can be detailed and sometimes contentious.
Common Scenarios Where Shared Blame Arises
Shared fault cases arise in many common car accident situations. Here are a few examples that illustrate how blame can be split:
Left-turn accidents: One of the most frequent types of collisions occurs when a driver turns left across oncoming traffic. If the turning driver fails to yield but the oncoming driver was speeding, both may share fault.
Rear-end collisions: Usually, the driver who hits from behind is at fault. But if the front driver’s brake lights weren’t working or they stopped suddenly without reason, fault can be shared.
Lane changes: If a driver drifts out of their lane while another driver is partially merging, both may have contributed to the crash.
Intersection crashes: Running a stop sign or red light by one driver combined with a speeding or distracted driver in the other car can create shared responsibility.
Parking lot collisions: Often these involve both drivers failing to watch for other vehicles or pedestrians, leading to shared fault.
Multi-car pile-ups: Complicated crashes involving multiple vehicles can have fault spread out among several drivers, each with varying degrees of responsibility.
These scenarios highlight how quickly shared blame situations can develop, emphasizing why an individualized assessment of fault is necessary.
Impact on a Personal Injury Claim
When it comes to personal injury claims, comparative fault directly influences the compensation you might receive for medical bills, lost income, pain and suffering, and other damages. The total damages are first calculated based on your losses, then reduced by your share of fault.
For example, if your damages total $150,000 but a factfinder decides you’re 30 percent at fault, your recovery would be $105,000 after a 30 percent reduction. This reduction applies even if your personal injury is serious, which means proving that the other driver was largely responsible is important to maximize your recovery.
Insurance companies may try to assign a higher percentage of fault to you to lower their payout. This is where having thorough documentation and legal guidance can make a difference. Presenting clear evidence and expert testimony can help argue for a fair fault allocation.
It's also worth noting that Washington requires injured parties to mitigate their damages. That means you have a responsibility to take reasonable steps to reduce your losses, like following medical advice or avoiding further injury. Failure to do so could reduce the compensation you receive.
Because fault affects the entire claim, it influences settlement negotiations, trial outcomes, and even whether a case is worth pursuing. Understanding how shared fault works helps injured parties set realistic expectations and advocate effectively.
Steps to Protect Your Rights After an Accident
If you’re involved in a car accident where fault may be shared, protecting your legal rights begins at the scene and continues through the claims process. Here are key steps to take:
Call law enforcement: Getting a police report creates an official record of the accident and documents facts at the scene.
Document the scene: Take photos of vehicles, damages, skid marks, road signs, weather conditions, and any visible injuries.
Collect information: Exchange names, phone numbers, addresses, driver’s license numbers, and insurance details with all involved drivers.
Gather witness contact info: Independent witnesses can provide valuable unbiased statements.
Seek medical attention promptly: Even if injuries seem minor, early medical care establishes a treatment record and protects your health.
Avoid admitting fault: Don’t make statements at the scene that might imply you caused the crash. Let insurance and legal professionals handle fault determination.
Keep detailed records: Maintain copies of medical bills, repair estimates, lost wage documentation, and correspondence related to the accident.
Consult an experienced personal injury attorney: An experienced lawyer can evaluate your case, help collect evidence, negotiate with insurers, and fight for your rights.
Taking these actions early can influence how fault is assigned and how much compensation you receive. It also helps prevent mistakes that could harm your claim.
Challenges and Pitfalls When Fault Is Shared
Shared fault cases bring particular challenges that injured parties should be aware of:
Disputes over fault percentages: Parties often disagree on how much each driver contributed to the accident, leading to prolonged negotiations or litigation.
Insurance adjusters’ tactics: Some insurers try to shift more blame to the injured party to reduce payouts, requiring vigilance and strong evidence to counter.
Inconsistent testimony or evidence: Conflicting accounts and ambiguous evidence can confuse fault determinations.
Multiple sources of injury or damage: In accidents involving several vehicles or external factors, identifying who caused which harm can get complicated.
Potential bias in juries: Some jurors may be hesitant to assign high fault to plaintiffs, even when warranted, which can affect trial results.
Impact on settlement values: Fault allocation often becomes the centerpiece of settlement talks, with insurers aiming to minimize their financial exposure.
Knowing these pitfalls encourages injured parties to act carefully and rely on experienced guidance throughout their claim.
Protect Your Interests in Comparative Fault Claims
When both drivers share blame in a car accident, Washington law allows injured parties to recover personal injury damages reduced by their percentage of fault. This approach recognizes that accidents often result from multiple factors and aims to divide responsibility fairly.
That said, proving fault and securing compensation can become challenging due to disputes, conflicting evidence, and insurance company tactics.
At Gierth-Eddy Law Offices PLLC, with locations in Kennewick, and Yakima, and serving clients throughout Washington state—including Richland and Pasco—we’re here to support you through this process. If you’ve been hurt in a car accident where fault is shared or contested, it’s crucial to document the crash carefully, get the medical care you need, and protect your legal rights.
Working with us means you’ll have experienced attorneys helping gather the right evidence, build a strong case, and advocate for the compensation you’re entitled to. Don’t wait—contact us today to discuss your situation and take the first step toward recovering what’s rightfully yours.