What If I Was Partly at Fault for My Injury?

If you were partly at fault for the accident that caused your injury in California, you can still recover compensation. California follows a pure comparative negligence standard from Li v. Yellow Cab Co. (1975). It allows recovery no matter how high your percentage of fault is. Your compensation is reduced by your percentage of fault, but it is never completely eliminated. So if you are found 80% at fault, you can still recover 20% of your total damages. Attorney Damoun Yazdi at The Accident Network Law Group helps injured clients throughout Southern California maximize their recovery even when they bear partial fault.

Key Takeaways

• California’s pure comparative negligence system allows recovery regardless of your fault percentage
• Your compensation is reduced by your percentage of fault (50% at fault means 50% recovery of damages)
• Insurance companies aggressively argue for higher plaintiff fault percentages to reduce their payouts
• An attorney challenges exaggerated fault arguments and presents evidence of the other party’s greater responsibility
• California is one of only a small number of states using pure comparative negligence rather than modified comparative negligence

Understanding California’s Pure Comparative Negligence System

Under pure comparative negligence, when an accident involves multiple parties, each party’s fault is expressed as a percentage totaling 100%. Your compensation is then calculated by multiplying your total damages by the opposing party’s fault percentage.

For example, if your damages total $100,000 and you are found 40% at fault and the defendant is found 60% at fault, your recovery is $60,000 ($100,000 x 60%). If you are found 70% at fault and the defendant is found 30% at fault, your recovery is $30,000 ($100,000 x 30%).

This system differs significantly from modified comparative negligence, used in most other states, which bars recovery when the plaintiff’s fault exceeds 50% or 51%. Under pure comparative negligence, even a 99% at-fault plaintiff can recover 1% of their damages.

How Fault Is Determined

Fault percentages are determined through negotiation between the parties, or, if the case goes to trial, by a jury. The evidence used to determine fault includes the police report and officer observations, witness testimony, physical evidence from the accident scene (vehicle damage, skid marks, surveillance footage), traffic law violations (California Vehicle Code provisions create negligence per se when violated), and expert testimony from accident reconstruction specialists.

Insurance companies conduct their own fault investigations, and their preliminary fault determinations can affect settlement negotiations. However, these determinations are not binding; an attorney can present additional evidence that changes the fault allocation.

How Insurance Companies Use Comparative Fault

Insurance companies routinely seek to maximize the plaintiff’s fault percentage because every percentage point reduces their financial obligation. Common tactics include arguing the plaintiff was not paying attention, arguing the plaintiff was also speeding or violating a traffic law, claiming the plaintiff’s injuries were worsened by their own behavior (not wearing a seatbelt, not seeking medical care promptly), and investigating the plaintiff’s social media for evidence of activities inconsistent with their claimed limitations.

Attorney Yazdi challenges these tactics by presenting evidence of the defendant’s greater fault, countering seatbelt defense arguments with expert testimony about injury causation, and advising clients to avoid social media activity that could be mischaracterized.

Common Scenarios Where Plaintiffs Share Fault

Pedestrian crossing outside a crosswalk: a pedestrian who jaywalks and is struck by a speeding driver may bear 30 to 40 percent fault while the driver bears 60 to 70 percent fault. Recovery is reduced but not eliminated.

Motorcyclist not wearing a helmet: if an adult motorcyclist was not wearing a helmet and sustained a head injury, they may bear partial fault for the extent (but not the fact) of the head injury.

Driver who was also slightly speeding: a driver who was traveling 5 miles over the speed limit when struck by a red-light runner may bear 10 to 15 percent fault. Recovery is reduced by that percentage.

California Laws Relevant to Partial Fault Claims

California follows pure comparative negligence (Li v. Yellow Cab Co., 1975). California Civil Code Section 1714 establishes the general duty of care. California Code of Civil Procedure Section 335.1 sets the two-year statute of limitations. California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) sets minimum auto insurance at $30,000/$60,000/$15,000.

Contact The Accident Network Law Group About Your Partial-Fault Claim

A preliminary fault percentage assigned by an insurance adjuster is a negotiating position, not a verdict. Attorney Damoun Yazdi reviews the police report, witness statements, and scene evidence in every partial-fault case to identify where the other party’s share of responsibility has been understated, then builds the record needed to shift it back where it belongs.

Consultations are free and we work on a contingency basis, so there is no cost to find out where your case really stands. Our team serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield, and throughout Southern California. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.