Will I still be able to file a lawsuit if I was partially at fault for my pedestrian accident?

Yes. Pedestrians are commonly accused of being at fault for their injuries, even when driver negligence is usually the larger cause. Washington is one of only a dozen states in the nation that uses a pure comparative fault system for apportioning damages in civil cases, so a person can recover damages even when they were the party who was mainly at fault. A plaintiff’s damages will be reduced by their percentage of fault though, which means that an individual who is awarded $100,000 in a pedestrian accident case but found to have been 65 percent at fault will have their damages reduced by $65,000 and ultimately receive $35,000.