Many injured people assume that if they were partly to blame for an accident, they cannot recover anything. In Washington, that is simply not true. Under RCW 4.22.005, Washington follows pure comparative negligence, one of the most claimant-friendly fault rules in the country.
What Pure Comparative Negligence Means
Under pure comparative negligence, your compensation is reduced by your percentage of fault — but you can still recover even if you were mostly responsible. If you are found 30% at fault for a crash and your damages are $100,000, you recover $70,000.
Critically, Washington does not bar recovery at any fault threshold. Even a plaintiff found 90% at fault may recover the remaining 10% of their damages. This is far more generous than 'modified' comparative negligence states that cut off recovery at 50% or 51%.
How Insurers Use Fault Against You
Because your recovery shrinks with your share of fault, insurers work hard to pin as much blame on you as possible. They may argue you were speeding, distracted, jaywalking, or failed to mitigate your injuries.
An experienced Washington attorney pushes back on inflated fault arguments with crash reconstruction, witness statements, and medical evidence, protecting the full value of your claim.
Why This Rule Still Requires a Strong Case
Pure comparative negligence does not mean fault is irrelevant — every percentage point matters to your bottom line. Reducing your assigned share of fault from 40% to 15% can mean tens of thousands of dollars.
If an insurer is blaming you for your own injuries in Washington, a free case review can help you understand how comparative negligence applies and what your claim may truly be worth.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.