Not every car accident involves one clearly responsible driver and an innocent victim. In many cases, both drivers made decisions that contributed to the crash. Maybe one driver was speeding while the other made an unsafe turn. Or maybe a distracted driver hit someone who didn’t yield the right of way. These situations aren’t uncommon and they raise an important question: Can you still get compensated if the crash was partly your fault?
In California the answer is yes. Our state follows a legal principle known as pure comparative negligence—which means you can recover damages even if you were mostly to blame. But how much you can recover depends on your share of the fault.
At Bojat Law Group, our personal injury lawyers work with many clients who assumed they had no case because they weren’t entirely blameless. That’s a myth and we’re here to set the record straight. In this article, we break down exactly how partial fault affects compensation, how California law treats these cases, and how our attorneys help clients recover the money they’re owed—no matter how complicated things look at the start.
California’s Doctrine of Pure Comparative Negligence
Comparative negligence is a legal principle that dictates how fault is shared between the two parties directly involved in an accident where a party suffers property damage and bodily injury. If the court finds both parties responsible for the accident, the comparative negligence rules will determine who receives compensation and the amount of money received. The fault is determined through various methods, such as police reports, insurance investigations, and court proceedings, with the involvement of car accident attorneys and sometimes a judge. Understanding how to prove negligence involves demonstrating four elements: duty, breach, causation, and damages. There is:
Pure Comparative Negligence
- Definition: Under pure comparative negligence, you can recover compensation even if you are 99% at fault. Your compensation will be reduced by your percentage of fault.
- Example: If you are 40% at fault and your damages are $10,000, you can recover $6,000.
Modified Comparative Negligence
- Definition: In states with modified comparative negligence, you can only recover compensation if you are less than 50% or 51% at fault, depending on the state.
- Example: If you are 50% or more at fault, you may not recover any compensation.
Contributory Negligence
- Definition: A few states follow contributory negligence, where if you are even 1% at fault, you cannot recover any compensation.
In What Cases Can the Law of Comparative Fault Apply?
Getting Paid When You Are Partially At Fault For The Accident 3 In California, the law of comparative fault applies to most personal injury cases, including car accident cases. Comparative fault laws determine how financial compensation is allocated based on the degree of fault in a car accident case. This includes:
Whether you were hit by a speeding driver while making an illegal turn, or slipped on a wet floor after ignoring a warning sign, you may still have a valid claim.
Who Determines Responsibility in a Comparative Fault Case?
If your case goes to trial, a jury will ultimately decide how fault is distributed. However, in many cases, your car accident lawyer and the insurance companies will negotiate fault percentages before trial ever becomes necessary.
Key tools used to determine fault include:
- Police reports
- Eyewitness testimony
- Traffic camera or dashcam footage
- Medical and accident reconstruction reports
- Expert witness analysis
A strong legal team will help you build your case and push back if the other party tries to place more blame on you than is fair.
Four Key Elements of Negligence
With that said, to seek compensation, you must prove the percentage of fault of the other party. Also, you must verify the four elements of any negligence case:
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The breach of duty caused the accident
- You suffered damages as a result of the breach of duty
The defendant will attempt to prove your negligence to convince the jury that you are partially at fault for the accident. If the defendant successfully demonstrates the following, your damages will be reduced by the percentage of your responsibility:
- The plaintiff was negligent
- The plaintiff’s negligence was a significant factor in causing their damages
Ultimately, the court may grant you an award, but it will be reduced by the percentage of your fault as long as your fault is less than 100%.
How Can a Personal Injury Attorney Assist You?
A personal injury attorney can help you navigate the complexities of your case and ensure you receive the compensation you deserve. Car accident attorneys offer services such as investigating accidents, ensuring fault assignment, fighting for compensation, and providing free case evaluation for car accident claims. They can negotiate with insurance companies, gather evidence, and represent you in court if necessary.
Investigate Your Case
Accidents can be confusing and overwhelming, and it may be challenging to know who is responsible for the accident in the heat of the moment. Your personal injury attorney can help investigate your case to determine exactly how the accident happened. Investigations may include obtaining medical records, police reports, and speaking to witnesses. Your attorney may also visit the accident scene to gather evidence and consult experts.
Gather Evidence
Gathering evidence is a vital part of the claims process. Collect as much evidence as possible from the accident scene, including photos and videos, and secure statements from any witnesses. Obtain a copy of the police report for your records.
Negotiate with Insurance Company
Negotiating with insurance companies involves cooperating with the insurance adjuster and providing all necessary documentation. If the other party’s insurer is involved, negotiate with them to seek compensation. Even if you are partially at fault, you may still pursue compensation for your damages from the other driver’s insurance company by negotiating a settlement amount. Personal injury attorneys from Bojat Law Group are tough negotiators, known for their relentless pursuit of fair settlements for their clients. We ensure that every detail is considered, and they are prepared to challenge insurance companies to obtain the compensation you deserve.
Calculate Damages
It would help if you had the assistance of an attorney in calculating the value of damages you suffered from the accident. Your attorney will calculate your total damages and estimate the settlement amount you are entitled to receive.
Ensure You are Getting Paid When You Are Partially At Fault For The Accident
Even in a case of comparative negligence, you need an attorney to ensure you obtain maximum compensation. The others involved in the accident may try to shift all the blame to you. You need an attorney to help minimize your part in the accident.
What Compensation Can You Receive?
Getting Paid When You Are Partially At Fault For The Accident 4 It is crucial to gather strong evidence in a car accident claim to ensure you receive the maximum compensation possible. Depending on the severity of your losses, you may receive compensation for economic damages and non-economic damages, such as:
- Lost wages: You may get compensated for the income lost while recovering from injuries.
- Medical expenses: You may be compensated for present and anticipated medical expenses.
- Pain and suffering: You may receive compensation for the trauma and emotional distress the accident caused you.
- Property/vehicle damage: You may receive compensation for property damage and automobile repairs.
What Happens When You Share A Higher Percentage Of Fault?
In California, you can still recover compensation even if you were mostly responsible for the crash. For example:
- If you were 80% at fault in a $50,000 case, you may still recover $10,000.
Keep in mind, the other party can also file a claim against you to recover their portion of the damages. That’s why having a legal advocate on your side is key—to protect your rights and reduce your liability exposure.
Schedule Your Free Consultation with a Personal Injury Lawyer at Bojat Law Group
Accidents happen fast, and fault isn’t always clear-cut. But partial fault doesn’t mean you have to walk away empty-handed.
At Bojat Law Group, we understand California’s comparative negligence laws inside and out. Our team will fight to prove the other party’s liability, challenge unfair accusations against you, and pursue the full compensation you deserve.
Contact us today at (818) 877-4878 for a free case evaluation. Whether you’re 10% or 70% at fault, we’re here to help you get paid.
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