In my last blog post, I discussed how the at-fault driver doesn’t get to blame you without evidence. But what if you are partially at fault? Maybe you didn’t have lights on your bike during the hours of darkness, or you were impaired or distracted while riding. In those cases, Washington has a comparative fault system, which means the jury can divide fault between the bicyclist and the driver during their deliberations. If the jury decides you share some responsibility, your damages are reduced by the percentage of fault allocated to you, but you can still recover the rest! For example, if your damages total $100,000 and the jury finds you are 25% at fault, you still recover $75,000. The reduction comes from the percentage of fault allocated to you.
Comparative fault is much more favorable in Washington than in many other states. In some states, if a cyclist is found to be more than 50% at fault, they don’t recover ANY of their damages. In Washington, even if you share 60% of the blame, you can still recover 40% of your damages that are allocated to the driver.
If the insurance company tries to blame you or trick you into admitting fault, those are signals that the insurance company is going to deny liability completely. Insurance adjusters often ask leading questions designed to hurt your case. If you think the driver is going to blame you for any reason, you don’t have to talk to the driver’s insurance company. Remember that you don’t get to question the driver unless your case is in litigation, so avoid this one-sided game by hiring an attorney to talk to the driver’s insurance company. As a Seattle bicycle accident lawyer, I offer free and confidential consultations. I’ll review the facts of the collision, explain in more detail how fault might be allocated, and help you understand if comparative fault issues may impact your ability to recover damages for your injuries.
Bottom line: even if you think you may be partly at fault, you can still recover damages. What matters is the evidence in your case and how that evidence is likely to be viewed by a jury in the jurisdiction where you were injured. If you would like to discuss your liability concerns with me, I can be reached at (206) 257-6559. Whether you were injured in Seattle or somewhere else in Washington State, the initial call with me is complimentary, confidential, and can help you figure out whether the collision was your fault, the driver’s fault, or both.
