Daylin Rockwood
How Does a Kennewick Bicycle Accident Lawyer Handle a Claim When You Were Partly at Fault?
A helmeted cyclist rides through a crosswalk on a tree-lined city street

How Does a Kennewick Bicycle Accident Lawyer Handle a Claim When You Were Partly at Fault?

Washington lets a hurt cyclist recover even when the rider shares the blame. Under RCW 4.22.005, your percentage of fault reduces the award but never bars it. A Kennewick bicycle accident lawyer works to shrink that percentage. That means testing each rule the insurer says you broke against the statute, the city code and the evidence.

Ritchie-Reiersen Injury and Immigration Attorneys represents people hurt on bikes in Kennewick and across Washington. The firm has recovered over $20 million for clients. Brandon Ritchie is a certified mediator, and Eric Reiersen is fluent in English and Spanish. Both skills come into play when the fight is over a percentage.

Did an adjuster already tell you the crash was partly your fault? Call Ritchie-Reiersen Injury and Immigration Attorneys at (206) 462-1883 for a free consultation before you accept that number.

How Washington Splits Fault After a Kennewick Bike Crash

Washington uses pure comparative fault, and that one rule decides most shared-blame bike claims. The bicycle accident team at Ritchie-Reiersen Injury and Immigration Attorneys starts every one of these cases with the same question. How much of the harm does each person’s conduct actually explain?

The rule lives in Washington’s contributory fault statute, RCW 4.22.005. Any fault charged to you reduces your award in proportion, but it does not bar recovery. A rider found 30% at fault keeps 70% of the damages. A rider found 80% at fault still keeps 20%. Where a jury or an adjuster lands on that scale turns on facts a lawyer has to review. Treat any early percentage as an opening position.

What a Fault Percentage Actually Measures

Fault is not a vote on who seems more careless. RCW 4.22.015 defines fault broadly, then adds a limit. Any comparison weighs the nature of each person’s conduct and how much that conduct caused the damages. A rule you broke only moves the number if it helped cause the harm. A habit that played no part in the crash should not raise your share.

Your Conduct Has to Connect to the Injury

Say you rode without a helmet and a turning driver broke your wrist. The helmet had nothing to do with the wrist. Under RCW 4.22.015, the causal link decides whether that choice moves your percentage at all. Insurers often skip this step, so a lawyer puts it back in.

Skipping Treatment Can Count as Fault Too

The same statute counts an unreasonable failure to avoid an injury or to mitigate damages. Long gaps in care hand an insurer a fault argument that has nothing to do with the crash itself. Keep your follow-up appointments and save the records. A lawyer can explain a gap caused by work, cost or a waiting list before an adjuster frames it.

Why Even a Small Share of Fault Changes Who Pays

Here is the part most fault pages skip. RCW 4.22.070 makes each defendant’s liability several only, which means each one pays its own share. Subsection (1)(b) carves out an exception for a claimant who was not at fault. Then the defendants become jointly and severally liable for the sum of their shares.

So even a 5% share on your side ends that exception. The statute also puts more than the driver on the scale. The jury assigns a percentage to every entity that caused your damages.

  • You receive a share if the insurer proves careless riding.
  • Each driver and each named defendant receives a share.
  • A person or company you already settled with and released still receives a share.
  • An entity immune from liability to you also receives a share, unless the immunity comes from the workers’ compensation law in Title 51 RCW.

Picture a driver and a contractor who left a lane closure unmarked on Clearwater Avenue. If you carry any fault, you collect each share only from the party who owes it. An uninsured contractor’s share may simply go unpaid. Whether that risk exists depends on who else is in the case, which a lawyer maps out early.

Does Breaking a Traffic Rule Make a Kennewick Cyclist Automatically at Fault?

No. RCW 5.40.050 says a breach of a duty imposed by statute, ordinance or administrative rule is not negligence per se. A jury may consider it as evidence of negligence, and that is all. So a missing taillight or a wide line through a turn does not decide the case on its own.

The statute lists a few exceptions, and impaired driving is one of them. A driver under the influence of alcohol or drugs is negligent per se. That difference often helps an injured rider. Even so, the weight a jury gives any violation depends on the evidence, and only a review of your facts can gauge it.

These are the rules insurers cite most often against riders, all in chapter 46.61 RCW.

  • RCW 46.61.770 tells a rider moving slower than traffic to ride as far right in the right through lane as safety allows.
  • The same statute limits riders to two abreast outside paths set aside for bicycles.
  • RCW 46.61.780 requires a white front lamp visible from 500 feet and a red rear reflector after dark.
  • RCW 46.61.190 governs stop signs, with a special option for cyclists covered in the next section.

Each of these rules has exceptions or a causation question built in. The two arguments below come up most often in Kennewick claims.

Riding Away From the Right Edge Is Often Lawful

The right-side rule applies only when you ride slower than the normal flow of traffic. RCW 46.61.770 then lists exceptions. You may move left to prepare for a turn, to pass, or to avoid unsafe conditions such as parked cars, debris or pedestrians. A rider swinging wide of a storm drain grate near the curb is following the statute, not breaking it.

Lights After Dark and the Question of Causation

A missing front lamp at night looks bad in a report. It still has to connect to the crash. If a driver turned left across your path at a lit intersection and admits seeing you, the lamp explains little. If the street was dark and the driver never saw you, it may explain more. A lawyer reads the scene lighting and the driver’s statement before conceding any share.

Can a Cyclist Treat a Stop Sign as a Yield Sign in Kennewick?

Yes, at most stop signs, and plenty of riders and adjusters still do not know it. Since October 1, 2020, RCW 46.61.190(2)(b) gives a person operating a bicycle a choice at a stop sign. The rider may follow the full stop rule or the yield rule in subsection (3). An insurer that calls every rolling stop a violation is reading an outdated rule.

The yield option is not a free pass through the intersection. It carries its own duties, and it comes with an evidence rule that can cut against a rider. Whether a rolling yield was reasonable on your facts is something a lawyer tests against the scene, the sight lines and the driver’s speed.

What the Yield Option Still Requires

Under subsection (3), a rider using the yield rule must slow to a speed reasonable for conditions. If safety requires it, the rider must stop at the stop line or before the crosswalk. The rider must then yield to any vehicle already in the intersection or close enough to be an immediate hazard. Two kinds of stops fall outside the option entirely.

Railroad Crossings and School Bus Stop Arms Are Excluded

The yield choice does not apply at a stop sign posted at a railroad grade crossing. RCW 46.61.345 governs there. It also does not apply to the stop signal on a school bus, which RCW 46.61.370 controls. A rider who rolls through either one faces the ordinary stop rules.

Kennewick’s 1994 Code and the 2020 State Rule

Kennewick Municipal Code 11.90.940, adopted in 1994, tells riders to obey traffic control devices applicable to vehicles. An adjuster may quote it. RCW 46.08.020 makes the state’s vehicle laws uniform in every city and declares conflicting local rules invalid. A lawyer reads the city section against the 2020 statute before accepting that a rolling yield broke any rule.

The Prima Facie Evidence Rule After a Rolling Yield

Subsection (3) ends with a proviso. A driver who passes a yield sign without stopping and then collides with a vehicle in the intersection faces a presumption. The law treats that collision as prima facie evidence of a failure to yield. Expect an insurer to argue the proviso applies to a rider who chose the yield option and kept rolling. Prima facie evidence shifts the burden of explanation, not the final answer. Your speed, the driver’s speed and the sight line at the corner are how a lawyer answers it.

Who Is at Fault When a Driver Passes Too Close on a Kennewick Road?

Washington rewrote its passing rule for vulnerable road users in Substitute Senate Bill 5723, Chapter 403 of the Laws of 2019. It took effect January 1, 2020, and now sits in RCW 46.61.110(2). It protects a rider in the right lane, on the right-hand shoulder or in a bike lane. The driver’s duty depends on how many lanes run in the driver’s direction.

Many pages describe the law as a flat three-foot rule. The text is narrower on small roads and stricter on big ones. A driver who breaks it also pays an added fine equal to the base penalty, which a court cannot waive unless the driver is indigent. How much a close pass counts toward fault depends on the road and the proof, which is why a lawyer starts with the lane count.

Here is what the statute requires of the passing driver.

  • On a road with two or more lanes in the driver’s direction, the driver must move completely into a lane to the left before passing.
  • On a one-lane road with room to the rider’s left, the driver must slow to a safe speed for passing.
  • On that same road, the driver must pass at a safe distance, of at least three feet where practicable.
  • Without enough room, the driver must move completely into the oncoming lane when it is safe to do so.

Multi-lane arterials such as Columbia Center Boulevard fall under the first rule. A driver there cannot squeeze past you inside the right lane and call it three feet. The statute required a full lane change.

Is It Legal to Ride a Bike on a Kennewick Sidewalk?

Yes, unless a sign says otherwise. Kennewick Municipal Code 11.90.960 says a person may ride a bicycle on any sidewalk or roadway unless traffic control devices restrict it. The rider must yield the right-of-way to any pedestrian. Adjusters based outside the Tri-Cities sometimes assume sidewalk riding is illegal everywhere. In Kennewick, it is not.

State law fills in the rest. RCW 46.61.755(2) gives a rider on a sidewalk or crosswalk the rights and duties of a pedestrian. That can help or hurt, depending on how you entered the street. How those duties apply to your crash turns on timing and angles, which a lawyer rebuilds from the evidence.

Driveway and Crosswalk Crashes on Busy Arterials

Many sidewalk crashes happen at driveways and corners along Clearwater Avenue and Kennewick Avenue. RCW 46.61.235(1) requires a driver to stop for a bicycle in a crosswalk on the driver’s half of the roadway. Subsection (2) bars a rider from suddenly leaving a curb into the path of a car too close to stop. The firm’s pedestrian accident practice works with these same crosswalk rules for people on foot.

Trail Crashes in Columbia Park and on the Cable Bridge

The Sacagawea Heritage Trail runs a 23-mile paved loop along the Columbia River through Kennewick, Pasco and Richland. In Kennewick, it follows the length of Columbia Park, and Columbia Park Trail carries marked bike lanes. RCW 46.61.770(3) lets a rider use the shoulder or any designated bike lane. A crash where the trail meets a road raises the same crosswalk and right-of-way questions as a city corner.

A Crash Across the River Can Change the County

The Cable Bridge carries the trail to Pasco, which sits in Franklin County. RCW 4.12.020(3) lets you sue in the county where the injury arose or where a defendant lives. The Benton and Franklin Counties Superior Court lists courthouses in Kennewick, Prosser and Pasco. A lawyer picks the venue from the crash location and the driver’s address.

The Benton County Justice Center on West Okanogan Place

The superior court’s Kennewick location is the Benton County Justice Center at 7122 W Okanogan Pl. RCW 4.16.080(2) gives you three years to file an injury lawsuit. A fight over fault does not pause that clock. Settlement talks with an insurer do not stop it either.

What Evidence Does a Kennewick Bicycle Accident Lawyer Use to Lower Your Share of Fault?

Fault percentages come from evidence, not from the first adjuster’s call. The sooner the records are pulled, the more of them still exist. What each piece proves depends on the crash, and a lawyer decides which items carry the most weight in your case.

Some of the best proof sits with you right now. Start gathering these items while your memory is fresh.

  • Photograph the bike, especially where it was struck and where the lights were mounted.
  • Save any ride data from a bike computer or phone app, since it can show your speed.
  • Write down every witness name and phone number, including people who stopped to help.
  • Keep the damaged helmet, clothing and lights instead of throwing them away.
  • List nearby businesses with cameras that may have recorded the street.

Physical items answer questions the report leaves open. A cracked rear reflector, for instance, can show the bike was struck from behind.

The Kennewick Police Report and How to Order It

The Kennewick Police Department, based at 210 W 6th Ave, writes most crash reports on city streets. The department’s own accident reporting link sends you to the Washington State Patrol. You order the report through the Washington State Patrol collision records page for $10.50, the fee charged under RCW 46.52.085. WSP says officers have two to four weeks to complete and approve a report.

When No Officer Writes a Report

Not every bike crash draws an officer to the scene. When none completes a Police Traffic Collision Report, WSP tells the people involved to file their own Motor Vehicle Collision Report. That duty reaches drivers, pedestrians and cyclists alike. Your own report then becomes the first written account an insurer reads.

The $1,000 Damage or Injury Threshold

WSP’s rule applies when anyone is injured or any one unit has $1,000 or more in damage. A bike crash with any injury meets it. So does serious damage to a car or an expensive bike. Skipping the report can leave the driver’s version as the only one on file.

Why Your Own Report Becomes Fault Evidence

Adjusters read a rider’s own report line by line. A guess about your speed or an apology written in shock can turn into a fault percentage later. Stick to what you saw and did. A lawyer can review the draft before you submit it.

City Records and Business Camera Footage

Kennewick takes public records requests through an online portal linked from the police department’s site. Records the department holds about your crash beyond the report itself go through that portal. Business cameras along Columbia Center Boulevard and Clearwater Avenue often record over old footage on their own schedules. A lawyer sends preservation letters early, before that video disappears.

Medical Records That Tie Each Injury to the Crash

Your medical chart does fault work too. Under RCW 4.22.015, fault has to connect to the damages it supposedly caused. Records that describe each injury and how it happened let a lawyer sort the harm. A helmet could never have prevented a broken ankle, and the insurer cannot charge that injury to your choices. Tell every provider how the crash happened, in plain words, at the first visit.

Questions Kennewick Riders Ask About Shared Fault

These questions come up in almost every shared-fault bike claim in the Tri-Cities. Each answer assumes a Washington crash with a private driver, and the details of your case can change any of them. Bring your own version of these questions to a consultation, along with the collision report number.

Does Riding Without a Helmet Make Me Partly at Fault?

Washington has no statewide bicycle helmet law, and the bicycle sections of Kennewick’s municipal code do not add one. An insurer can still argue that a helmet would have reduced a head injury. Under RCW 4.22.015, that argument reaches only the injuries a helmet could have changed.

Does the Driver’s PIP Pay if I Was Partly at Fault?

Personal injury protection is no-fault coverage in Washington, so your share of fault does not reduce it. Fault matters later, in the liability claim against the driver. The firm’s explainer on how PIP works in Washington walks through opening that claim.

Does an E-Bike Change the Fault Rules?

A lawful e-bike counts as a bicycle under RCW 46.04.071, so its rider follows bicycle rules, including the stop sign option. Since June 11, 2026, Chapter 159 of the Laws of 2026 excludes any machine capable of exceeding 20 mph on its motor alone. A rider on one of those may be judged under motorcycle or moped rules instead.

What if the Driver Who Hit Me Drove Away?

A hit-and-run leaves no known driver to share fault with in the usual way. Your own underinsured motorist coverage under RCW 48.22.030 can apply to a hit-and-run driver, subject to the policy terms. The firm’s page on hit-and-run crashes covers how those claims start.

How Long Do I Have to File a Bicycle Accident Lawsuit in Washington?

RCW 4.16.080(2) sets a three-year deadline for most injury lawsuits, and a dispute over fault does not extend it. A claim against the City of Kennewick or Benton County adds a step. RCW 4.96.020 requires a claim on the state’s standard tort claim form before suit.

Talk to a Kennewick Bicycle Accident Lawyer About Your Share of Fault

A fault percentage is an argument, not a verdict. Every point an insurer adds to your share comes off the damages. Every point removed goes back on.

Ritchie-Reiersen Injury and Immigration Attorneys handles bike crash claims in Kennewick and across Washington. The firm has recovered over $20 million for clients. Brandon Ritchie is a certified mediator, and fault splits are often settled in mediation. The firm’s Kennewick personal injury team handles other crash types too.

Call a Kennewick bicycle accident lawyer at Ritchie-Reiersen Injury and Immigration Attorneys at (206) 462-1883 for a free consultation. Bring the collision report number, your photos and any letter where an insurer assigned you a percentage. No lawyer can promise a result, but the first call can tell you whether the insurer’s number holds up.

You can also reach the firm through its contact page.