What is Comparative Negligence and How Does it Affect My Case?

If you were in an accident caused by someone else’s negligence or carelessness, you may be entitled to file a personal injury claim. Whether you were hurt in a car crash, trip and fall, slip and fall, or another type of accident, the at-fault party may try to shift the blame to you to reduce your compensation. In the event you were hurt due to the actions of another, it’s important to understand what is comparative negligence — and how it can impact your case.

What is Comparative Negligence?

After an accident, you may be wondering, “what is comparative negligence?” Also referred to as comparative fault, Washington follows the legal doctrine of pure comparative negligence. This principle compares each party’s percentage of blame for the accident and reduces the victim’s compensation in proportion with their fault.

Importantly, courts consider the actions of both parties when determining who should be held responsible in a personal injury case. Under Washington’s pure comparative negligence rules, an accident victim can still recover compensation for their injuries and economic damages even if they are 99% to blame for the event — any percentage of blame would be reduced from the total compensation awarded. However, a victim who is 100% at fault would not be entitled to receive any compensation. The burden of proof in establishing the victim’s negligence is on the defendant.

Pure comparative negligence should not be confused with contributory negligence, which could bar a victim from receiving compensation if they contributed in any way to the accident. In states that follow the contributory negligence rule, the at-fault party would simply have to establish that the victim was one percent to blame to avoid liability for their damages.

How is Negligence Proven in Washington?

To understand what is comparative negligence, it’s essential to understand what constitutes negligence. In Washington State, a party may be held liable for negligence if they injure another as a result of a breach of their duty of care. Specifically, the following four elements must be proven in order for someone to be held liable in a personal injury claim:

• Duty — A plaintiff in a personal injury case must show that the defendant owed a duty of care under the circumstances.
• Breach — The defendant must have breached their duty of care by acting in a certain manner or failing to act.
• Causation — The defendant’s actions must have directly caused the plaintiff’s injuries.
• Damages — The plaintiff must have suffered an injury that resulted in damages, such as medical expenses, out-of-pocket costs, lost wages, and mental anguish.

The duty of care owed to a victim depends on the specific type of accident. For example, a driver has a duty to operate their vehicle in a safe manner and follow the traffic laws. Failure to do so can put others on the road at serious risk of harm. In the case of a premises liability accident, an owner has a duty to ensure their property is maintained in a reasonably safe condition. The property owner may be held liable for any injuries that arise due to their failure to repair a hazard that they knew or should have known about.

Will Comparative Negligence Impact Your Case?

Whether comparative negligence will impact a claim depends upon the facts and circumstances. For example, if Driver A failed to yield to Driver B on the road, they have committed a traffic violation and are negligent per se. However, if Driver B was texting on their cell phone at the time and did not notice Driver A as a result, their negligence also played a role in the accident.

A judge or jury will evaluate the evidence and listen to the testimony in the case to determine how much responsibility each party has for the accident. In the above example, suppose Driver A was determined to be 70% to blame and Driver B was assigned 30% of the fault. If Driver B suffered $100,000 in losses due to the collision, their compensation would be reduced by $30,000, allowing them to collect $70,000.

Contact an Experienced Washington Personal Injury Attorney

If you have suffered an injury and are wondering “what is comparative negligence and how does it affect my case?” it’s best to consult with a knowledgeable Washington personal injury attorney. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to helping the victims of negligence in Washington secure the maximize compensation to which they are entitled for their injuries.

If you’ve been hurt in an accident due to the negligence of another, we welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.