Understanding Contributory Negligence in Washington and Oregon

Contributory negligence is the concept that more than one person can be at fault for an incident, including the person who was injured. Washington and Oregon have significantly different laws regarding contributory negligence.

Contributory negligence can be very tricky when the injured party is alleged to bear a significant portion of fault. It may mean that they are at risk of not being able to recover any of their damages depending on the circumstances and the state. The Washington personal injury lawyers at Schauermann Thayer are here to help people be treated as fairly as possible. Speak to us about your case by calling us at (360) 695-4244.

Contributory Negligence – Quick Summary of Washington and Oregon Law

Washington law compares the percentage of fault of all parties from 0% to 100%. If an injured party is any percentage at fault, their recoverable damages are reduced by that percentage. Oregon similarly compares the fault of all parties, however, if the injured person is more than 50% at fault, they cannot recover any of their damages.

How Your Own Actions Impact Your Claim

In any personal injury case, one of the requirements for proving negligence is demonstrating that the responsible party caused your injuries. You may have a scenario where the at-fault party is 100% responsible for causing your damages. Many times, injuries and damages may be caused by more than one thing or person, which means the “100%” gets split up between all parties that are at fault. If you contributed to or caused your injuries, you can be assigned a percentage of fault from that 100%.  For example, you could be somewhat to blame for an incident in the following scenarios:

• A driver struck your vehicle because they ran a red light, but you were speeding at the time.
• You slipped and fell on a slippery floor, but you may have been on your phone at the time.
• You suffered a deep laceration from a defective power tool, but you may not have used it properly.
• You were struck as a pedestrian by a drunk and speeding driver, but you were crossing outside of a crosswalk.

How Contributory Negligence Impacts Your Recoverable Damages

Contributory negligence is based on the idea that it would not be fair for you to recover all of your damages if you are at fault for your own injuries. Under Washington law, your damages are proportionately reduced by the percentage of fault that you bear. For example, if you are 99% at fault, your recoverable damages are reduced by 99%. In Oregon, if you are more than 50% at fault, you are not able to recover any damages at all. If you are less than 50% at fault, your damages are reduced accordingly.

Defending Against Allegations of Contributory Negligence

As can be expected, insurance companies and defendants often allege that an injured person is contributorily negligent for their own injuries. This immediately puts the injured person at risk of being unable to recover the full amount of their damages. Something that is very useful for fighting against a claim of contributory negligence is collecting as much evidence about the incident as possible. Take photos and videos, speak with witnesses, and get any available investigation reports.

Experts also play a major role in these types of cases. For example, an accident reconstruction expert can help re-create a collision to better understand what happened and who should be held liable.

Insurance companies may claim that you are at fault for your injuries even if they don’t have any evidence to support it. Having a lawyer on your side can help you be treated fairly. We know the steps to take to put your case in the best position to challenge these claims as forcefully as possible. We can also help you understand how the laws apply to the circumstances of your case and the actual risks related to contributory negligence.

Reach Out to a Personal Injury Law Firm in Washington

If you have been injured in a collision, and you are being partially or completely blamed, you can reach out to the personal injury attorneys at Schauermann Thayer. You can schedule a free initial consultation with a personal injury lawyer by visiting our website or by calling us today at (360) 695-4244.