Shaaban & Biedgoly
YES! Even if you were partially at fault for a car accident, you are still entitled to recovery from any other party that contributed to the accident.
If you’ve been in a car accident in California, you may wonder how your role in the crash will affect your ability to recover compensation. California follows a legal principle called pure comparative negligence, which plays a major role in determining how much you can recover in a personal injury claim if you were partially at fault. Understanding this rule is essential for making informed decisions about your case and avoiding costly mistakes.
In this guide, we’ll explain what pure comparative negligence is, how it applies to California car accident claims, and what you should do to protect your rights if fault is disputed.
What Is Pure Comparative Negligence?
Pure comparative negligence is a legal doctrine used in California to allocate fault between all parties involved in an accident. Under this rule, you can recover damages for your injuries even if you were partially at fault for the accident—whether that’s 10% or even 90%. However, your compensation will be reduced by your percentage of fault.
For example:
- If your total damages are $100,000 and you are found to be 25% at fault, your recovery will be reduced by 25%, meaning you would receive $75,000.
- If you are 80% at fault, you can still recover 20% of your damages.
This is very different from states that use modified comparative negligence or contributory negligence, which may bar recovery if you are over a certain percentage of fault or even if you are just 1% at fault.
Why California Uses Pure Comparative Negligence
California’s legal system is designed to ensure that each party is responsible for their share of the damages. The pure comparative negligence rule reflects a belief that fairness requires both accountability and the opportunity for injured parties to recover something for their losses, regardless of their own level of fault.
How Pure Comparative Negligence Impacts Your Car Accident Claim
1. Your Compensation Will Be Reduced
If you are partially at fault, the amount you recover will be reduced proportionally. This makes fault determination a critical part of your case.
2. Insurance Companies Use It to Limit Payouts
Insurance adjusters know that every percentage point of fault assigned to you reduces their payout. They may try to exaggerate your share of responsibility to lower the settlement amount.
3. Evidence Matters More Than Ever
Photos, witness statements, accident reports, and expert testimony can all affect the percentage of fault assigned to each party.
Common Scenarios Where Partial Fault May Apply
- Rear-end collisions where the lead driver stopped suddenly without a clear reason.
- Intersection accidents where both drivers entered the intersection on unclear signals.
- Multi-vehicle pileups where multiple drivers’ actions contributed to the crash.
- Lane-change accidents where both drivers failed to exercise proper caution.
In each case, even if you contributed to the accident, you may still have the right to recover damages under California’s pure comparative negligence rule.
How Fault Is Determined in California
Fault in a car accident is determined through:
- Police reports summarizing the accident and identifying potential violations.
- Physical evidence like skid marks, vehicle damage, and debris.
- Witness statements providing an independent perspective.
- Traffic laws to determine whether a driver violated any legal duties.
Because fault percentages directly impact your compensation, it’s important to have a personal injury attorney who can gather strong evidence and counter attempts by insurance companies to shift blame onto you.
Steps to Protect Your Rights if You’re Partially at Fault
1. Seek Immediate Medical Attention
Your health comes first, and medical records are essential evidence in any personal injury case.
2. Document Everything
Take photos of the accident scene, vehicle damage, injuries, and anything that might help establish the other driver’s fault.
3. Avoid Admitting Fault
Even casual statements like “I’m sorry” can be misinterpreted as admitting fault.
4. Contact a Personal Injury Attorney
An experienced attorney can investigate your case, negotiate with insurance companies, and ensure your percentage of fault is kept as low as possible.
Example of a Pure Comparative Negligence Case
Imagine you are in a car accident at an intersection. You had the green light but were driving slightly over the speed limit. The other driver ran a red light. The jury determines that:
- Your damages total $200,000.
- You are 20% at fault for speeding.
- The other driver is 80% at fault for running the red light.
You could still recover $160,000 (80% of your damages), showing how the rule allows recovery even when you share fault.
Why Legal Representation Is Crucial
In California, where pure comparative negligence applies, your lawyer’s ability to reduce your percentage of fault can directly increase your compensation. Without an attorney, you risk accepting a settlement that undervalues your claim or overstates your fault.
At Shaaban & Biedgoly, we have extensive experience handling car accident cases involving disputed fault. Our team understands the strategies insurance companies use and knows how to fight for the maximum recovery you deserve.
Conclusion
California’s pure comparative negligence rule means that even if you are partially at fault for a car accident, you can still recover damages for your injuries. The key is ensuring that your percentage of fault is minimized through strong evidence and effective legal representation.
If you’ve been injured in a car accident in California and fault is being disputed, don’t face the insurance company alone. Contact Shaaban & Biedgoly, P.C. today for a free consultation and let us help you protect your rights.
If you were injured in a car accident, call us today at (844) SHAABAN for your free consultation.