Understanding Comparative Negligence In King County And How Shared Fault Affects Your Personal Injury Claim

Here is what you will learn in this article:

• The meaning of comparative negligence and how it works.
• Steps to take to protect your claim if you are partially at fault.
• The importance of hiring an attorney if you are partially at fault when filing a claim.

What Is Comparative Negligence, And How Does It Work In Washington State?

In many accidents, it’s not the fault of one person. Sometimes, even the victim can have their fair share of blame. In Washington state, there is “comparative negligence,” which tries to determine who had the most blame.

In Washington State, negligence can be compared to a pie chart. It’s as if you take a pie chart and break it up into percentages of fault between the actors who are involved in the collision. So, if it’s a rear-end collision, for example, and you are 0% at fault, then the pie chart would show the other person is 100% at fault. However, if it’s a collision in an unmarked intersection where you both met in the middle, the fault may be split 50-50.

For compensation, the fault is compared between the two actors as a percentage. So, if the jury finds you 15% at fault, your total award will be reduced by 15%. If you’re 50% at fault, your total award will be reduced by 50%.

What Steps Should I Take To Protect My Personal Injury Claim If I Am Partially At Fault For My Car Accident?

In some cases, victims are also at fault. It’s not a cause for alarm, and it doesn’t mean your claim will be denied altogether. You just need to know the steps you should take to preserve the scene and collect the right evidence to prove your case.

In order to protect your personal injury claim, it’s critical that you obtain your own investigation of what happened in the collision and document where things happened. This could include getting a video of the other driver admitting fault or getting pictures and videos of the collision scene.

This is important because in cities like Seattle and in certain areas, the police are responding less and less to automobile collisions, leaving you more on your own to determine and answer all the questions about what happened.

Another way to safeguard your claim is to get witness information. Sometimes, you’re lucky, and you have a witness who stops and sees what happened. Don’t let that person go without getting their contact information so that they can be interviewed later.

The worst-case scenario is the “Who ran the red light?” question. If you don’t have an independent witness saying that the other person ran the red light, it’s almost impossible to prove fault because that person will deny running the red light and say you ran the red light.

Attorney Matthew Hale is a seasoned lawyer based in King County, Washington, who has helped countless clients just like you navigate the intricacies of personal injury law. He has extensive legal experience and is prepared to assist you with negotiating and litigating accident claims and help you get the compensation you deserve for your personal injury.

Still have questions? Ready to get started? Contact M. R Hale Law today to schedule an initial consultation.

What Are Some Examples Of How Comparative Negligence Is Applied In Washington Personal Injury Cases?

In every case, the other person has a defense, and that defense is that you were comparatively at fault for whatever happened. At any time, they can prove or show evidence that maybe you were going too fast, or you did not yield perfectly, or it becomes a “Who ran the red light?” question. All those things are used to point the finger back at you and say, “Well, you were at fault, too.”

It becomes a fight in trial because the higher the percentage of fault they can get on you, the less they have to pay. For example, I tried a case against a large package carrier who was delivering packages in their package car. My client was going straight while the vehicle was turning left in front of her.

While the package carrier was turning left in front of her, they were able to show that she was speeding at the time. The jury said she was partially at fault for the collision, so it can really bite and harm your claim if you are found partially at fault.

Juries like to find people at fault, and you want to be accountable for your own fault. However, it’s important to hire an attorney in these situations if you’re partially at fault. Just because you’re partially at fault doesn’t mean that you don’t get a recovery. It also doesn’t mean that you’re 100% at fault.

Why Is Hiring An Attorney Important If I Am Partially At Fault For A Car Accident?

Understandably, being in an accident is a disturbing experience mentally and emotionally and, in many cases, you may not even realize that you were partially at fault. Hiring an attorney is a great way to get a professional opinion on your case and also protect your interests if you were partially at fault.

It’s important to hire a lawyer if you’re partially at fault because the lawyer can advocate for you without you getting steamrolled by the insurance company trying to say you were totally at fault.

A good example of the importance of an attorney is an individual I represented who was in a collision at an unmarked intersection. In such cases, insurance companies have a knee-jerk reaction where they say it’s 50-50 fault.

By the time we were done, we were able to show through having an accident reconstruction expert review the facts of the collision that, in fact, it couldn’t be a 50-50 fault. We showed that my client was 0% at fault because of the actual physics of the collision, and where her car struck the other car meant that she was already over halfway through the intersection when the other car came barreling through into her.

It’s important to hire an attorney because we can provide evidence that does not allow the insurance company to sit back and claim, “Oh, you’re 50%, you’re 100% at fault. We’re not going to pay you.” Sometimes, you will be partially blamed for the collision, and you’re really not at fault.

Sometimes, under the law, even though it may seem like you were at fault for something, you really weren’t. It’s vital if you are being accused of being at fault in a collision to talk to a lawyer and get some legal, experienced feedback so that you can be sure you’re getting the full truth.

Still Have Questions? Ready To Get Started?

For more information on Understanding Comparative Negligence In King County And How Shared Fault Affects Your Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 206-0213 today.