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

Yes. Washington is considered a pure comparative fault state when it comes to negligence actions, which means that a person can recover damages regardless of their own degree of fault for an accident. Only 11 other states use pure comparative fault. While a plaintiff’s own negligence cannot prohibit them from recovering damages, it can be used to reduce the damages they actually receive. For example, a person who is awarded $100,000 in a bicycle accident case but found to have been 80 percent at fault will have their damages reduced by $80,000 and ultimately receive $20,000.