Washington Comparative Fault & Crash Liability

Washington applies pure comparative fault

RCW 4.22.005 provides that a claimant’s contributory fault proportionately reduces compensatory damages but does not bar recovery in an action based on fault. A claimant is not automatically excluded merely because the claimant’s percentage exceeds 50 percent. The actual award still depends on causation, provable damages, defenses and the governing claim.

Apply the percentage to supported damages

For example, if compensatory damages are $100,000 and the claimant is 20 percent at fault, the comparative-fault reduction would leave $80,000 before other applicable adjustments. Keep the damages calculation and fault percentage separate so each can be checked. An insurer’s early percentage proposal is a negotiating position, not a court’s final determination.

Allocation among defendants is a separate statutory question

RCW 4.22.070 generally requires allocation among the entities described in the statute and generally provides several liability. It includes exceptions involving concerted action or agency and a rule for a claimant found free of fault. Entities immune under Title 51 receive special treatment. Do not assume every defendant must pay the entire award or that a settlement removes every allocation issue.

Preserve evidence for each alleged act and each actor

Collect vehicle and scene photographs, video, witness statements, road conditions, traffic-control information and relevant records. Ask the insurer to explain the conduct and evidence supporting a disputed allocation. Identify whether a percentage concerns the injured person, another driver, an employer, a released party or someone else. A citation or crash-report conclusion is one item of evidence, not the complete civil analysis.

Review fault and settlement together before releasing a party

RCW 4.22.060 addresses releases, contribution and settlement effects. Obtain the proposed terms and identify which people or claims are released. Preserve the evidence supporting both damages and liability before negotiating a final allocation. Policy limits and collectability can affect practical recovery even when the fault percentages and legally allowed damages are established.