For example, if a jury determines your damages are $500,000 and you were 20% at fault (perhaps for speeding), you would receive $400,000 (80% of your damages). If you were 80% at fault, you'd still receive $100,000.
How Comparative Negligence Works in California
California follows "pure comparative negligence," meaning your compensation is reduced by your percentage of fault, but you can still recover something even if you were mostly at fault. This differs from some states where being 50%+ at fault bars recovery entirely.
Factors That May Establish Your Partial Fault
Insurance companies routinely try to assign partial fault to head-on collision victims to reduce payouts. Common arguments include that you were speeding, distracted, failed to take evasive action, or that your vehicle had maintenance issues.
Our attorneys fight these allegations aggressively. We document evidence proving the other driver was solely or primarily responsible and minimize any fault that might be assigned to you.
- ✓Alleged speeding or reckless driving
- ✓Claimed distraction (phone use)
- ✓Failure to brake or swerve
- ✓Driving without headlights
- ✓Vehicle defects (brake or tire issues)
- ✓Impaired driving (even prescription medications)
Frequently Asked Questions
Can I still sue if I was partially at fault?▼
Yes. California's pure comparative negligence allows recovery even if you were 99% at fault (though your recovery would be reduced to 1% of damages). This is more favorable than many other states.
Who determines my percentage of fault?▼
If the case settles, the insurance companies negotiate fault percentages. If the case goes to trial, the jury determines each party's percentage of fault based on the evidence presented.
How can I minimize my percentage of fault?▼
Hire an experienced attorney who can gather evidence supporting your case, counter the defense's allegations, and present your side effectively. Police reports, witness statements, and expert testimony all help minimize your fault.
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