Determining Fault in a Car Accident: A Guide to Comparative Negligence

Car accidents can happen in an instant, and in the aftermath, determining who is at fault is critical for assigning liability and seeking compensation for damages. However, fault isn’t always clear-cut. In some cases, both drivers involved in the accident may share some level of responsibility. This is where the concept of comparative negligence comes into play.

In this guide, we’ll explain how fault is determined in car accident cases and how comparative negligence can impact the amount of compensation you receive.

After a car accident, determining fault involves analyzing the actions of each driver to assess whether their behavior contributed to the crash. Evidence such as police reports, witness statements, traffic camera footage, and damage to the vehicles is often used to help establish who was at fault.

Typically, the party that violated traffic laws or acted negligently is considered at fault. For example, if one driver ran a red light and collided with another vehicle, they would likely be found at fault. However, there are many situations where both drivers may share responsibility for the accident.

Comparative negligence is a legal doctrine used in many states, including Washington, to determine how fault is divided when more than one party is responsible for a car accident. Under this system, each party’s level of fault is calculated as a percentage, and the compensation a victim receives is adjusted based on their share of responsibility.

There are two main types of comparative negligence used in the U.S.:

• Pure Comparative Negligence: In this system, even if a victim is partially responsible for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%.
• Modified Comparative Negligence: In states that use this system, a victim can only recover damages if they are found to be less than 50% or 51% at fault, depending on the state. If their share of fault exceeds this threshold, they cannot recover any compensation.

Washington State follows a pure comparative negligence system, which means you can seek compensation even if you are partially at fault for the accident.

To better understand how comparative negligence works, let’s explore a couple of scenarios where multiple parties share responsibility for a car accident.

Example 1: Rear-End Collision with Shared Fault

Imagine Driver A is speeding down a highway while Driver B is following all the rules but suddenly stops abruptly without using their turn signals. Driver A rear-ends Driver B. In this case, both drivers may share some level of fault—Driver A for speeding and Driver B for not signaling properly.



• The court might determine that Driver A is 60% at fault due to speeding and Driver B is 40% at fault for failing to signal.
• If Driver B files a claim for $10,000 in damages, their compensation would be reduced by 40%, meaning they would receive $6,000 instead of the full amount.

Example 2: Intersection Accident with Distracted Driving

In this scenario, Driver A is distracted by their phone and runs a stop sign, colliding with Driver B, who is driving over the speed limit. Both drivers’ actions contributed to the crash.

• The court may determine that Driver A is 70% at fault for running the stop sign, while Driver B is 30% at fault for speeding.
• If Driver A seeks $15,000 in damages, their compensation would be reduced by 70%, meaning they would receive $4,500.
  
  

Comparative negligence can significantly impact the amount of compensation you receive after a car accident. While you are still entitled to pursue damages, your compensation will be reduced according to your percentage of fault. This system encourages fair responsibility for accidents but also highlights the importance of minimizing your own liability.

If you’ve been injured in a car accident and need expert legal guidance, don’t navigate the process alone. Reach out to Jeffrey S. Floyd & Associates, PLLC for a free consultation and let us help you take the first steps toward recovering the compensation you deserve.