How California’s Comparative Fault Law Affects Your Car Accident Claim

You Can Still Recover Compensation Even If You Were Partly at Fault

One of the most common misconceptions we hear from accident victims is: “The insurance company says I was partially at fault, so I cannot recover anything.” This is simply not true under California law. California follows a pure comparative negligence system, which means you can recover damages even if you were 99 percent at fault for the accident — your recovery is simply reduced by your percentage of fault.

How Pure Comparative Negligence Works

Under California Civil Code Section 1714 and the landmark case of Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a jury assigns a percentage of fault to each party involved in an accident. Your total damages are then reduced by your share of the blame.

For example, suppose you suffered $100,000 in damages from a car accident. If the jury determines you were 20 percent at fault (perhaps you were driving slightly over the speed limit) and the other driver was 80 percent at fault (they ran a red light), you would recover $80,000 — your total damages minus your 20 percent share.

Insurance Companies Use Comparative Fault to Minimize Your Claim

Insurance adjusters are trained to find any reason to attribute fault to you, no matter how minor. They may point to things like: you were not wearing a seatbelt, you were slightly exceeding the speed limit, you were changing the radio station, or you did not honk your horn. Even if these factors had nothing to do with causing the accident, insurers use them as leverage to reduce settlement offers.

Common Comparative Fault Scenarios in Car Accidents

We frequently see comparative fault issues in these situations: lane-change accidents where both drivers claim the other merged unsafely, intersection collisions where both drivers contest who had the green light, rear-end accidents where the lead driver stopped abruptly without warning, and parking lot accidents where visibility was limited for both parties.

Protecting Your Claim

Having an experienced attorney on your side is essential when comparative fault is at issue. At Smilove & Rosenblum, we work with accident reconstruction experts, review traffic camera footage, analyze police reports, and gather witness testimony to minimize the percentage of fault attributed to you — maximizing your recovery.

Do Not Let an Insurance Company Blame You

If you have been told you were partly at fault for a car accident, do not let that discourage you from pursuing your claim. Contact Smilove & Rosenblum at (800) 300-3226 for a free consultation. We will fight to protect your rights and ensure you receive the compensation you deserve.

Related Resources

• Practice Area: Car Accident Attorney
• Practice Area: Pedestrian Accident Claims
• Types of Compensation in California Auto Accidents
• Multi-Vehicle Pileup Accidents in California