What It Means
In a truck accident case, negligence is usually shown through three building blocks:
- Duty of care. The truck driver had a duty to operate the vehicle safely for the protection of the public. In truck cases, this element is typically a given.
- Breach of duty. The driver failed to meet that duty through an action or an inaction, such as texting or not properly watching the road.
- Injury. That breach resulted in your physical or psychological injuries.
Washington also looks at whether the injured person shared any of the fault. Under RCW 4.22.005, any contributory fault chargeable to the injured person “diminishes proportionately the amount awarded” but “does not bar recovery.”
Why It Matters in a Truck Accident Case
Here is how that works in practice. If a court finds a victim 20% responsible for a crash because they were speeding, and the truck driver 80% responsible for texting, a $100,000 award would be reduced to $80,000.
That is why trucking companies and their insurers often try to shift blame onto the injured person. Building a strong, evidence-based case is the best way to push back on unfair blame and pursue the full compensation the law allows.
