Drivers often dispute fault immediately after a traffic accident. The other driver might claim you were speeding, merging too slowly, or driving while distracted. Even if you believe the other driver caused the collision, these accusations can make you question your right to file a claim.
Some injured people do not seek legal advice because they believe any fault on their part prevents them from receiving compensation. In California, you may still recover damages even if you were partially at fault.
California’s pure comparative negligence rule
California uses a legal doctrine known as “pure comparative negligence.” Unlike states that block recovery if you are 50% or more at fault, California allows you to pursue damages even if you bear the majority of the responsibility.
Under this system, the court assigns a percentage of fault to every party involved in the crash. Your total compensation is reduced by the percentage of fault assigned to you. This rule applies to various scenarios, including:
- A driver who was speeding but was struck by someone running a red light.
- A pedestrian who was jaywalking but was hit by a distracted driver.
- Wrongful death claims where the defense argues the deceased loved one contributed to the accident.
A finding of shared fault changes the final settlement amount; it does not automatically end the claim.
How this impacts your settlement
If your damages (medical bills, lost wages, and pain and suffering) total $100,000, but an investigation finds you were 20% at fault for the crash, you would still be eligible to recover $80,000.
Insurance adjusters often try to assign a higher percentage of fault to you to lower the payout. They may use simple apologies or statements made at the scene to argue you admitted liability.
Why the investigation matters
Determining fault requires specific evidence. It often involves analyzing skid marks, vehicle damage, traffic camera footage, and witness statements. Relying on the other driver’s version of events or the insurance company’s initial determination can negatively affect a valid claim.