Most people who call us after an accident believe the same thing: that because they played some role in what happened, they don’t have a case. That belief is wrong, and it costs injured people real money every year. Washington follows a rule called pure comparative negligence, which means partial fault reduces what you can recover, but it doesn’t eliminate it. At Lindquist & Kornfeld, we’ve seen how that misconception stops people from ever picking up the phone.
Robert Kornfeld has lived through serious injury himself. That experience shapes how our team listens, how we evaluate fault arguments, and how hard we push back when an insurer tries to pin blame on someone who was genuinely hurt. If you’re in Kirkland or anywhere in King County and you’ve been told you were partly at fault, what matters isn’t that number in isolation. What matters is understanding how the law works and what you can do about it.
Washington’s Pure Comparative Negligence Rule, Explained
Washington adopted pure comparative negligence in 1973 under RCW 4.22.005. The rule is straightforward: if you share some responsibility for an accident, your compensation is reduced by your percentage of fault. But you can still recover something, even if you were 99% at fault. That’s not a typo. Washington is one of the more claimant-friendly states in the country on this point.
Compare that to modified comparative negligence, the system used in most other states, which bars recovery entirely once a claimant reaches 50% or 51% fault. A few states still use contributory negligence, an older doctrine that cuts off any recovery the moment the claimant bears any fault at all. Washington rejected both approaches. The legislature’s choice to adopt pure comparative negligence was a deliberate decision to keep injured people out of an all-or-nothing trap.
One detail that surprises many clients: RCW 4.22.015 defines “fault” broadly. It covers negligence, recklessness, strict liability, breach of warranty, and unreasonable assumption of risk. That wide definition gives defense attorneys and insurers multiple theories to work with when they’re trying to raise your fault percentage, which is exactly why understanding the full picture matters before you talk to anyone on the other side.
How Fault Percentages Are Calculated & Who Bears the Burden
Here’s something no insurer will volunteer: comparative fault is an affirmative defense. That means the defendant or their insurer bears the burden of pleading and proving your negligence. You don’t have to prove your own fault. They do. That distinction matters enormously when an adjuster calls shortly after the accident and starts asking leading questions.
Under RCW 4.22.070, a judge or jury allocates fault percentages to every party whose negligence contributed to the harm. All percentages must total 100%, and each defendant pays their proportionate share of the claimant’s reduced damages. In a multi-party crash, that allocation process can get complicated fast, with each defendant potentially pointing at the others to lower their individual exposure.
The evidence that drives those percentages includes police reports, witness statements, accident reconstruction testimony, photographs, traffic camera footage, and medical records. The timing and consistency of medical treatment is particularly significant. A detailed, well-preserved record from early in the case is far easier to defend than a fragmentary one assembled months later.
How Insurers Use Comparative Fault to Reduce What They Pay
From the moment a claim is opened, the other side’s insurer is building a file on your conduct. That’s not cynicism; it’s how the economics of the system work. A higher fault percentage assigned to you directly reduces the dollar value of any settlement or jury award, so insurers have a clear financial incentive to push that number up.
The conduct they look for includes recorded statements made in the days after the accident, gaps between injury and treatment, social media posts showing physical activity, prior medical history framed as a pre-existing condition, and behavior that can be characterized as careless. None of these automatically disqualify your claim, but each one hands the other side material to work with.
Washington’s insurance code under RCW 48.01.030 requires insurers to act in good faith during settlement negotiations. That obligation is real and enforceable. But good faith doesn’t mean the insurer won’t aggressively dispute fault percentages. It means they can’t fabricate evidence or act with intent to deceive. Vigorous fault-shifting backed by collected evidence is considered fair game under the law, which is why the file they’re building on you matters.
What Comparative Fault Means for Your Actual Recovery
The math works like this: your total compensable damages (medical expenses, lost wages, future treatment costs, pain and suffering, and property damage) are calculated first as a full amount. That figure is then reduced by your assigned fault percentage. If your damages total $200,000 and you’re found 30% at fault, you recover $140,000.
Even a high fault percentage doesn’t automatically make a claim unviable. The economic calculation depends on total damages. Someone with a severe spinal injury assigned 60% fault may still recover a meaningful amount. Someone with modest injuries assigned 20% fault might end up with very little after reduction. The fault percentage only tells part of the story; the severity and documentation of the injury tells the rest.
In accidents involving multiple defendants, RCW 4.22.070 limits each defendant to paying their proportionate share of your reduced damages. Joint and several liability, the older rule that let a claimant collect the full judgment from any one defendant, applies only in limited circumstances under current Washington law. That makes early identification of all responsible parties an important part of case strategy.
Steps That Protect Your Fault Percentage from the Start
Washington’s statute of limitations for personal injury claims under RCW 4.16.080 gives you three years from the date of injury to file suit. Three years sounds like time to spare, but delay weakens the evidence you’ll need to fight an inflated fault argument. Surveillance footage is often overwritten within days. Witnesses forget details within weeks. Accident scene conditions change. The evidence that establishes what actually happened exists fully only in the immediate aftermath.
Don’t give a recorded statement to the other party’s insurer before you’ve spoken with an attorney. Adjusters are trained to ask questions in ways that produce answers useful to their file, and walking back a recorded statement later is difficult. You have no legal obligation to provide one before consulting counsel.
Consistent medical treatment starting immediately after the accident is one of the most effective ways to protect your claim. Gaps in care are routinely cited by defense counsel as evidence that injuries were pre-existing, minor, or worsened by inattention to recovery. Continuous, documented treatment from the earliest possible date creates a record that’s harder to reframe.
For Kirkland residents, personal injury lawsuits above the district court threshold are filed in King County Superior Court in Seattle. Smaller civil matters are handled at the Bellevue District Court facility, which serves Kirkland, Bellevue, Bothell, Redmond, and other East King County cities. Knowing where your case would be heard is part of building a realistic picture of the process.
A Fair Path Forward Under Washington Law
Washington’s pure comparative negligence system was built to give injured people a realistic path to recovery even when the facts are complicated. It doesn’t require perfection; it requires honesty about what happened and a clear-eyed assessment of the evidence. Lindquist & Kornfeld has been doing that work since 1985, and Robert Kornfeld’s personal experience with serious injury means our team doesn’t just understand the legal doctrine. We understand what it feels like to navigate it. If you’re dealing with a Kirkland personal injury claim and fault is already in dispute, we’re glad to meet you wherever is easiest, including at home or in the hospital. Call us at (425) 657-5255 to set up a complimentary consultation.