One of the most common questions I hear from potential clients is: "Can I still recover compensation if the accident was partially my fault?" In California, the answer is usually yes—but understanding how comparative negligence works is essential to protecting your rights.
Pure Comparative Negligence Explained
California follows a "pure comparative negligence" rule, codified in California Civil Code Section 1714. This means you can recover damages even if you were partially at fault for an accident, but your recovery will be reduced by your percentage of fault.
For example, if you suffer $100,000 in damages but are found 30% at fault, you can still recover $70,000. Even if you were 90% at fault, you could theoretically recover 10% of your damages.
This is more favorable to plaintiffs than many other states, which bar recovery entirely if the plaintiff is more than 50% at fault (modified comparative negligence) or any fault at all (contributory negligence).
How Fault Percentages Are Determined
In settlement negotiations, fault percentages are negotiated between the parties and their insurers. Factors considered include:
- Traffic law violations
- Witness statements
- Physical evidence from the scene
- Expert accident reconstruction analysis
- Police report conclusions
If the case goes to trial, the jury assigns fault percentages to each party based on the evidence presented.
How Insurance Companies Use Comparative Negligence
Insurance adjusters frequently exaggerate claimants' fault to reduce settlement amounts. Even when liability seems clear, adjusters often assert that the victim contributed to the accident in some way.
Common arguments include:
- "You were following too closely"
- "You should have seen the other driver"
- "You were distracted"
- "You could have avoided the collision"
These arguments aren't always supported by evidence, but they can intimidate unrepresented claimants into accepting lower settlements.
Protecting Your Interests
Documentation is your best defense against inflated fault allegations. Dashcam footage, witness statements, and physical evidence from the scene can all help establish what actually happened.
Never admit fault at an accident scene, even if you think you might have contributed to the collision. Statements made in the immediate aftermath of an accident are often based on incomplete information and can be used against you later.
Working with an Orange County auto accident lawyer can help ensure that fault is allocated fairly and that your comparative negligence percentage isn't inflated to reduce your recovery.
The Seatbelt Defense
California Vehicle Code Section 27315 requires all vehicle occupants to wear seatbelts. However, failure to wear a seatbelt generally cannot be used to reduce a plaintiff's recovery in California, with limited exceptions.
This stands in contrast to many other states where seatbelt non-use can significantly reduce damage awards.
Conclusion
California's pure comparative negligence rule provides important protections for accident victims, but it also creates opportunities for insurance companies to minimize claims. Understanding how the system works and having experienced legal representation can help ensure you receive fair compensation despite any shared fault.
About the Author
Cynthia Craig is a founding partner at Kubota & Craig, an Orange County personal injury law firm based in Irvine, California. She brings extensive experience in personal injury and insurance litigation to every case, fighting to ensure accident victims receive the compensation they deserve. She is recognized by Best Lawyers® for her work in personal injury litigation.
For a free consultation, contact Kubota & Craig at (949) 218-5676 or visit www.kubotacraig.com.
