What happens if you were partially to blame in causing your truck crash? Our experienced attorneys explain how pure comparative negligence may affect your case.

What happens if I was partially at fault in causing my truck accident?

 

A:

Unlike some other states, you may still be entitled to compensation for your injuries in a big-rig truck crash in Washington State even if you were partially to blame for causing it. The amount you should receive could be substantial. Here, we explain how our state’s comparative negligence law may affect your claim.

How Comparative Negligence Works in Washington State Truck Accident Cases

Laws regarding how fault is determined in auto accidents are state-specific. Some states follow the contributory negligence doctrine, which provides that a party who is partially at fault in causing a truck crash is totally barred from receiving any compensation. In other states, a victim must not be more than 50 or 51 percent to blame under modified comparative negligence laws.

Washington State follows the pure comparative negligence rule. Here’s how it would work in your case:

  • You are entitled to some compensation no matter what your percentage of fault was in causing the wreck—even if you were more negligent than the trucker.
  • The amount of compensation you are entitled to would be reduced by your percentage of fault in causing the accident.
  • If you were partially negligent, the truck driver could also have a claim for compensation against you.

Here’s an example in practical terms. If you suffered $200,000 in damages and were 20 percent at fault, you would be entitled to $160,000 from the negligent trucker and trucking company. You may also be responsible for 20 percent of the trucker’s damages.

Keep in mind that the insurance company may claim that you were partially at fault even if you were not in an effort to deny or reduce your claim. Before accepting their determination, you should discuss your case with an experienced truck accident attorney who can investigate your accident.

Our Washington State Attorneys Can Help

At Andrew Kim Law Firm, PLLC, our skilled lawyers have years of experience fighting for the rights of truck accident victims. We understand the complex laws that apply in these cases and the importance of a thorough investigation to collect the evidence you need to hold the trucker and trucking company accountable. To learn more about your legal options for recovery, fill out our online form to schedule your free initial consultation.