What It Means
The rule comes from RCW 4.22.005: any contributory fault chargeable to the injured person “diminishes proportionately the amount awarded as compensatory damages” but “does not bar recovery.” Because there is no cutoff, this approach is often called “pure” comparative fault. For example, if you were found 20% at fault and your damages were $100,000, your award would be reduced to $80,000.
When more than one party caused the harm, RCW 4.22.070 requires the judge or jury to determine the percentage of the total fault for every entity that caused the damages, adding up to 100%. In general, each defendant is responsible for its own proportionate share. The statute includes exceptions. For example, if the injured person was not at fault, the defendants against whom judgment is entered are jointly and severally liable for the sum of their shares. A party is also responsible for the fault of someone who was acting as its agent or servant.
Why It Matters in a Truck Accident Case
Trucking companies and their insurers often try to shift some of the blame onto the injured person, because every percentage point of fault lowers what they may have to pay. A well-documented claim, built on evidence such as the police report, truck data, and witness statements, is the best way to respond to unfair blame.
The way Washington divides fault also makes it important to identify every party that contributed to the crash, such as the driver, the trucking company, and any other company whose choices played a role.
