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Personal Injury
2026-02-227 min read

How Washington's Comparative Fault Law Can Reduce Your Injury Settlement

Amy C. Brown

Amy C. Brown

Personal Injury Attorney

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Article Summary

If you were even a little at fault in an accident, does that mean you get nothing? No — but it can reduce what you recover. Washington follows a pure comparative fault system.
How Comparative Fault Reduces Your RecoveryYour settlement is reduced by your percentage of faultExample 1Minor speeding in crash10% Your Fault$100K damages →$90,000 recoveryExample 2Pedestrian jaywalking30% Your Fault$80K damages →$56,000 recoveryExample 3Running red light80% Your Fault$200K damages →$40,000 recoveryThe Formula: Total Damages × (100% - Your Fault %) = Your RecoveryExample: $100,000 × (100% - 10%) = $100,000 × 90% = $90,000Washington's "Pure" System: You can recover even at 99% fault (you'd get 1%)
How comparative fault percentages reduce your recovery

One of the most common questions I get from people hurt in crashes, slips, or other accidents in Washington is: "If I was even a little at fault, does that mean I get nothing?" The short answer is no — but it can reduce what you recover.

Washington follows a pure comparative fault system under RCW 4.22.005, which means your settlement or award gets reduced by your percentage of fault, but you can still recover something even if you're mostly to blame.

The Actual Law: RCW 4.22.005

Link: https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005

How It Reduces Your Settlement

Fault percentages reduce your recovery proportionally.

Steps to Minimize Reductions

  1. Document everything immediately
  2. Avoid early statements to insurers
  3. Don't admit fault at the scene
  4. Follow medical advice
  5. Get an attorney early
  6. Preserve evidence

Call or text me at 425-675-1224 for a free consultation.

Washington vs. Other States: Comparative Fault SystemsWASHINGTONPure Comparative Fault✓Recover at ANY fault level✓Even 99% at fault = 1% recovery✓More fair for accident victims✓Adopted since 1973Example: 80% your fault, $100K damagesYou recover: $20,000MANY OTHER STATESModified Comparative Fault✗50% or 51% threshold✗Over threshold = $0 recovery✗Harsh on shared-fault accidents✓Under threshold still recoversExample: 51% your fault, $100K damagesYou recover: $0 (barred)Washington's system is more favorable to injury victims with shared fault
Washington's pure system vs. other states
6 Steps to Minimize Your Fault PercentageProtect your recovery from unfair reductions1DocumentEverythingPhotos, witnesses,police report2Avoid EarlyStatementsDon't talk to theirinsurer without advice3Don't AdmitFaultEven "sorry" canbe used against you4Follow MedicalAdviceGaps in treatment =fault arguments5Get an AttorneyEarlyCounter fault claims,maximize recovery6PreserveEvidenceDashcam, phone records,expert analysis⚠️ Insurance Tactics to Watch ForAdjusters often claim "failure to keep lookout," "speeding," or "no seatbelt"to inflate your fault percentage and reduce your settlement
6 steps to protect your claim from unfair fault reductions
Amy C. Brown - Personal Injury Attorney

About the Author

Amy C. Brown

Personal injury attorney with 10+ years of experience, licensed in Washington State. Former defense attorney who now fights for injured individuals. Member of WSBA Solo & Small Practice Section.

Questions about your case? I personally respond to every inquiry.

(425) 675-1224Text Me

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