Determining fault in car accidents is very important because it establishes legal liability. In Washington State, which operates under a fault-based system, fault affects which party’s insurance is responsible for covering the damages and injuries resulting from the accident. In this way, determining fault helps ensure that the responsible party is held accountable for the financial consequences of the accident.
But fault is not always black and white. There are situations where both parties bear some responsibility for the accident. This is where the question comes up: Can you still file a car accident claim if you were found partially at fault for the accident?
Shared Fault in a Car Accident
There are many car accidents where shared fault may be relevant. Here is an example scenario:
On a rainy afternoon, Driver A is traveling eastbound on a two-lane road with a posted speed limit of 35 mph. Despite the slick conditions and the posted speed limit, Driver A is going 50 mph. At the same time, Driver B is waiting to make a left turn across traffic into a shopping center parking lot.
Driver B sees a small gap in traffic and turns left but misjudges Driver A’s speed and how quickly their car is approaching. Driver A tries to brake but can’t stop in time due to the wet roads and excessive speed, and they collide with Driver B’s vehicle in the intersection.
Breaking down fault in this scenario:
- Driver A was speeding and driving too fast for the weather conditions, which contributed to their inability to stop in time.
- Driver B made an unsafe left turn across oncoming traffic, failing to yield the right of way.
In this case, both drivers are partially at fault. Driver A might be found 40 percent responsible for speeding in wet weather, while Driver B might bear 60 percent of the fault for failing to yield. The question is, how do insurance companies deal with scenarios where both parties bear some responsibility for the accident?
Can You Still File a Car Accident Claim if You Were Found Partially at Fault for the Accident?
Can a driver who is partially at-fault for the accident still file a car accident claim to recover damages? The answer depends on the laws in the state where the accident occurred.
Washington State is one of 13 states that follows pure comparative negligence laws, that allow the injured party to collect a settlement even if they bear some responsibility for the collision, up to 99 percent. In the scenario above, if Driver A sued Driver B for damages, their compensation would be reduced by 40 percent if they were 40 percent responsible for the accident.
Thirty-three states use modified comparative negligence laws that say if a driver is more than 50 or 51 percent at fault, they may not recover damages at all. Under this system, a driver may recover damages even if they were partially at fault, but only if their percentage of fault is below 50 or 51 percent, depending on the state.
There are 12 states that operate under a no-fault system, which requires the injured party to file a claim with their own insurance company for bodily injury and property damage after an accident, regardless of who is at fault.
Seeking Help for a Car Accident with Shared Fault
If you were injured in a car accident for which you may have been partially at fault, never admit any fault to the other driver, their insurance company, or the police (though you must be truthful about what happened).
In this situation, it is a good idea to seek the guidance of an experienced car accident lawyer as soon as possible. The lawyer can assess what happened based on evidence like the police report, witness statements, and accident reconstruction. They can help determine how fault is likely to be assigned and negotiate with the insurance company to protect your right to compensation, even if you bear some responsibility for the crash (based on your state’s laws).
Contact a Car Accident Attorney
A car accident lawyer can help you recover a full and fair settlement for the injuries you sustained in a car accident with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
