Washington: shared fault rules
Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.
| Fault system | Pure comparative negligence |
|---|---|
| When fault bars recovery | Up to 99% at fault: damages reduced by your share |
| Law | RCW 4.22.005 |
Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in Washington.
How Washington compares
10 of 51 states and DC share this answer (Pure comparative negligence): Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island.
- Modified comparative negligence (35)
- Pure comparative negligence (10)
- Contributory negligence (5)
- Other (1)
Also for Washington: Car insurance by state in Washington · Claim deadlines in Washington · Small claims limits in Washington · Total loss rules in Washington · Accident reporting rules in Washington · Lemon law rules in Washington · Sales tax rates in Washington · Phone-while-driving laws in Washington · Motorcycle helmet laws in Washington · Gas tax in Washington · Uninsured drivers in Washington · All Washington rules on one page
How we checked this
Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site Single detailed source one detailed table built from statutes or official data Under review sources disagree; read the note and the law.