What happens if I am partially at fault for the accident that caused my injuries?

Seattle Personal Injury Lawyer Preet Kode Can Help You Understand Your Options if Your Own Actions Contributed to Your Injuries

Accidents can happen in an instant, and sometimes, you might feel like you share some of the blame for what occurred. Whether it’s a momentary lapse in judgment or an unintentional mistake, you may wonder how this could impact your personal injury case. The good news is that being partially at fault doesn’t automatically mean you lose your right to compensation.

Seattle personal injury lawyer Preet Kode has seen firsthand how these cases unfold. Let Kode Law help you understand how contributory negligence works and what your options are if you think your own actions played a role in your accident.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine that can come into play when the injured party is found to have contributed to the accident that caused their injuries. This doesn't mean that you can't pursue a personal injury claim if you were partially at fault for the accident. However, it does mean that the insurance company and the courts will scrutinize your actions leading up to the collision very carefully. They will be looking for any evidence that you failed to exercise reasonable care, which could have contributed to causing the accident.

How Does Contributory Negligence Affect My Compensation?

If the court finds that your own negligence contributed to the accident, it will reduce the amount of compensation you are eligible to receive. The degree to which your compensation is reduced depends on the percentage of fault attributed to you.

For example, let's say you are awarded $100,000 in damages, but the court determines that you were 25% at fault for the accident. In that scenario, your total compensation would be reduced by 25%—meaning you would only receive $75,000.

What Types of Negligence Could Reduce My Compensation?

Some common examples of contributory negligence that could impact a personal injury claim related to a car, truck, bike, or motorcycle accident include:

Distracted driving. If you were using your cellphone, eating, or engaging in other distracting behavior behind the wheel, the court may find that this contributed to the accident.
Speeding. Exceeding the posted speed limit, even slightly, could be used to argue that you failed to maintain proper control of your vehicle.
Failure to yield. If you failed to yield the right-of-way to another driver, this could be considered contributory negligence.
Aggressive driving. Tailgating, weaving between lanes, or other aggressive driving behaviors could also potentially be used to reduce your compensation.
Impaired driving. Driving under the influence of alcohol or drugs is an obvious example of contributory negligence that could completely bar your ability to recover damages.

In a slip and fall claim, contributory negligence might include actions such as:

Failure to pay attention. If the victim was distracted by their cell phone, deep in conversation, or otherwise not paying attention to their surroundings, the property owner may argue that this lack of situational awareness contributed to the accident.
Intoxication. Similar to the way intoxicated driving can be used as evidence of contributory negligence in a car accident, being under the influence of alcohol or drugs during a slip and fall can hurt the victim's case.
Improper footwear. Wearing shoes with smooth soles, high heels, or other types of footwear that provide inadequate traction can be used to argue that the victim failed to exercise reasonable care.
Ignoring warning signs. If the property owner had clearly posted warning signs alerting people to a dangerous condition, and the victim chose to proceed anyway, this could be considered contributory negligence.
Rushing or running. Taking the stairs at a run, darting across a wet floor, or otherwise engaging in risky behavior can demonstrate that the victim failed to use reasonable care.

In a case involving claims of medical negligence, actions that might make the plaintiff partially at fault include:

Failing to follow treatment instructions. If a patient fails to adhere to the recommended treatment plan—such as missing appointments, neglecting to take prescribed medications as directed, or refusing to undergo diagnostic tests—the provider may argue that this contributed to the patient's poor outcomes.
Withholding medical information. Patients have a duty to fully disclose their medical history, current symptoms, and any other relevant information to their healthcare providers. If a patient omits or misrepresents important details, the provider may contend that this hindered their ability to provide proper care and treatment.
Engaging in risky behaviors. Continuing to smoke, maintaining an unhealthy diet, or otherwise engaging in behaviors that exacerbate a medical condition can be used as evidence of contributory negligence.
Delaying seeking care. If a patient delays seeking medical attention for worsening symptoms, the provider may argue this prolonged the patient's suffering and led to more serious complications.
Refusing recommended treatment. When a health care provider recommends a certain course of treatment, and the patient refuses to follow that advice without a valid medical reason, the provider may contend the patient is partially responsible for any negative outcomes.

What Should I Do if I Was Partially at Fault?

If you believe you may have contributed to the accident that caused your injuries, it's crucial that you disclose this information to your personal injury attorney right away. Trying to hide or downplay your own actions could end up seriously damaging your case.

At Kode Law, we’re committed to helping you maximize your compensation. We encourage you to review our case results and testimonials to see how we’ve been able to help people just like you move forward after a negligence-related injury.