Were you in a crash where someone says you share some blame? You are not alone. Under California comparative negligence, you can still recover money even if you made a mistake. In a partially at fault accident California, your compensation is reduced by your share of fault, but it is not zeroed out.
Here is the good news. California uses a pure comparative system. That means even a person who is 99 percent at fault can still recover 1 percent of their damages. In this guide, we explain how fault percentages work, walk through 60/40 and 80/20 examples, and share steps that protect your claim. Our Los Angeles team offers free consultations, we are available 24/7, and we have recovered millions for clients across Encino and greater LA.
What is California’s pure comparative negligence and why it matters
California’s pure comparative negligence rules are simple in concept. You can recover damages from another party, even if you share fault. Your recovery is reduced by your percentage of fault. If you are 30 percent at fault, you collect 70 percent of your total proven damages from the other party.
Many states use modified comparative systems that cut off recovery at 50 or 51 percent fault. California does not. California keeps the door open, then adjusts the math. This matters when an insurer tries to blame you for even a small part of a crash. Shared fault does not end a claim, it changes the calculation.
Who decides fault in the real world? During the claims process, insurance adjusters and investigators assign percentages based on evidence. If a case goes to court, the jury decides the split.
Evidence that shapes fault often includes:
- Police report and citations
- Dash cam or traffic camera video
- Scene photos and vehicle damage patterns
- Event Data Recorder information, also called black box data
- Skid marks and debris fields
- Cell phone records and 911 calls
- Traffic laws and local rules
- Witness statements that confirm or challenge the story
California is an at-fault state for auto insurance. You are not required to admit fault at the scene or to an adjuster. In fact, saying “I’m sorry” or guessing details can hurt your claim. Let the evidence speak.
For a deeper overview in plain language, see our guide on CA Comparative Negligence Explained.
Pure vs. modified comparative negligence
- Pure comparative negligence, California’s system: recovery is always possible. Your payout is reduced by your share of fault, even if you are 99 percent at fault.
- Modified comparative negligence: many states cut off recovery at 50 or 51 percent fault. Go over the threshold and you get nothing.
Who decides percentages of fault in California
Adjusters and investigators start the process. They review reports, photos, damage, and statements to set an initial split. As more evidence comes in, percentages can change. If we file a lawsuit, a jury can assign final percentages after hearing all the evidence.
We should not accept the first split the insurer offers. Early numbers often favor the company. We push for a fair allocation backed by documentation and expert analysis.
What counts as negligence in everyday crashes
Everyday driving mistakes can add fault, such as:
- Speeding or driving too fast for weather
- Unsafe left turns and rolling stops
- Tailgating and following too closely
- Distracted driving, including phone use
- DUI or driving under the influence of drugs
- Running red lights or stop signs
- Unsafe lane changes or failure to signal
- Failing to yield to pedestrians or cyclists
This applies to multi-vehicle crashes and rideshare collisions as well. In chain reactions, fault can be split among several drivers.
How fault percentages change your payout in a partially at fault accident California
Here is the simple formula. Final compensation equals your total proven damages multiplied by the other party’s percentage of fault. If your damages are $100,000 and the other driver is 70 percent at fault, your recovery is $70,000.
Damages you can claim include:
- Medical bills and hospital costs
- Future treatment, surgery, therapy, and meds
- Lost wages and lost bonuses
- Reduced earning capacity if injuries limit work
- Pain and suffering, including daily activity loss
- Property damage and personal items
- Out-of-pocket costs, like co-pays, transportation, and home help
We must also mitigate damages. That means we act reasonably to get care and follow doctor’s orders. Gaps in treatment can reduce recovery if the insurer argues you made injuries worse.
Special rules can affect outcomes:
- Seat belts: if not wearing one made injuries worse, your recovery can be reduced.
- Lane splitting: legal in California for motorcycles. Unsafe lane splitting can add fault if it contributed to the crash.
Time limits matter:
- Most injury claims have a two-year statute of limitations.
- Claims against government entities usually require a claim within 6 months.
- Property damage claims often have different deadlines.
Early action helps us preserve evidence and avoid deadlines.
For a practical, step-by-step plan after a wreck in LA, see our guide to Immediate Steps After Los Angeles Crash.
The simple math of shared fault
Examples with round numbers:
- $100,000 damages, you are 20 percent at fault. Your recovery is $80,000.
- $200,000 damages, you are 40 percent at fault. Your recovery is $120,000.
- $60,000 damages, you are 60 percent at fault. Your recovery is $24,000.
- $1,000,000 damages, you are 80 percent at fault. Your recovery is $200,000.
The math is simple, the evidence is not. That is where we come in.
Damages you can still recover when partly at fault
- Medical treatment: ER, hospital, imaging, surgery, PT, prescriptions.
- Future care: specialist visits, injections, durable medical equipment.
- Lost income: missed work and reduced hours.
- Earning capacity: impact on future work or career changes.
- Pain and suffering: daily pain, sleep issues, hobbies you can no longer enjoy.
- Property damage: vehicle repairs or total loss, rental car costs.
- Out-of-pocket costs: travel to appointments, home help, child care.
Health insurance liens and medical balances must be handled at settlement. We negotiate those to increase your net recovery. Pain and suffering is proven with treatment notes, daily journals, photos, and consistent care that shows how life changed.
For foundations on proving fault, see our breakdown on Proving Negligence in Injury Lawsuits.
Deadlines and special rules that can cut your recovery
- Two years for most personal injury claims.
- Six months to file a government claim, such as crashes with city or county vehicles.
- Property damage timelines may be different, so act early.
Miss a deadline, and you can lose the right to recover. Quick action also protects video, black box data, and witness memories.
Real examples: 60/40 and 80/20 fault splits in California crashes
These are common scenarios we see in Los Angeles, from Ventura Boulevard to the 101 and 405 corridors. Every case turns on evidence, but these examples show how the rule works.
60/40 example: left turn vs. straight-through
A driver turns left on Ventura Boulevard and collides with a car going straight. The left-turn driver often carries more fault, sometimes 60 percent or more, for failing to yield. But if the straight-through driver was speeding or ran a late yellow, the split can shift. Video, skid marks, and black box speed data can move the numbers toward 60/40 or even 50/50.
80/20 example: rear-end with missing brake lights
Rear-end crashes usually fall on the trailing driver. But if the front car had broken brake lights or made a sudden unsafe stop, the front car can carry a share of fault, like 20 percent. A vehicle inspection and repair history can prove lighting issues and braking behavior.
Multi-car chain reaction and shared fault
On the 405 during rush hour, one hard brake can set off a chain. Fault may be spread across drivers based on following distance, reaction time, and speed for the conditions. Rain or construction can be factors. Each driver’s share can be small, but shared.
Pedestrian or cyclist cases in shared fault situations
Pedestrians and cyclists still recover even if they crossed mid-block or rode outside a bike lane. Their share of fault can reduce the payout, but drivers must watch for vulnerable road users. Speed, lighting, and visibility often control the split.
If you want a broader overview of car cases, visit our page for a Car Accidents Attorney in Encino.
How insurers use comparative negligence against you, and how we fight back
Insurers know the rule and use it to shave value. They push for statements, hunt for gaps in care, and point to any detail that adds fault to you. We match that with fast investigation, strong evidence, and a clear narrative of what happened.
Tactics that shift blame onto injured people
- Pushing recorded statements to catch small mistakes
- Twisting casual phrases into admissions
- Using delays in medical care to argue your injuries are minor
- Digging through social media posts for photos that suggest you are “fine”
- Over-relying on errors in police reports
- Using pre-existing conditions to argue your injuries were not caused by the crash
What to say and not say to adjusters
Keep it short. Share the basics: date, time, location, and vehicles involved. Do not guess speeds or distances. Do not say you feel fine. Do not agree to a recorded statement without counsel. Let us handle the detailed communication.
Our approach to proving the other driver’s fault
We move fast. We request and preserve videos, download black box data, inspect vehicles, and interview witnesses. When needed, we hire reconstruction, human factors, and medical experts. We negotiate firmly, backed by evidence. We prepare as if the case will go to trial.
For deeper context on how fault allocation works in practice, review our guide on Understanding Fault Allocation in Crashes.
When we file a lawsuit to protect your rights
Filing can stop stalling and trigger discovery. This lets us get key records, driver histories, maintenance logs, and full data downloads. It also preserves your claim within the statute of limitations.
What to do after a crash to protect a shared-fault claim in California
Your choices in the first hours matter. Safety comes first. Then we gather proof and set up care. We often assist clients with rental cars, repairs, and medical coordination so you can focus on healing.
Immediate checklist at the scene and the next 72 hours
- Move to safety, turn on hazards, and call 911.
- Take photos and video of the scene, vehicles, and injuries.
- Get names, phone numbers, and emails of witnesses.
- Exchange information, but do not admit fault.
- Ask for the incident or DR number from the officer.
- Go to urgent care or the ER the same day if you are hurt.
- Notify your insurer of the basics only.
- Contact our team as early as possible so we can start the investigation.
Medical care, documentation, and proof of damages
Consistent care proves injury. Follow referrals to specialists and complete therapy. Keep a simple pain journal with dates, symptoms, missed events, and work limits. Save receipts, mileage, repair estimates, and time-off records. These details help us counter unfair fault arguments.
Talking to insurance without hurting your case
Do share the who, what, where, and when. Do not guess the why. Avoid recorded statements without legal advice. Refer adjusters to us for medical details, injury discussions, and settlement talks.
For a clear first-day plan in LA, bookmark our Post-Accident Actions in Los Angeles.
Do you need a lawyer if you were partly at fault
Yes, if the crash is more than a minor fender bender or if you have injuries. In California comparative negligence cases, we add value by investigating fast, finding hidden insurance, working with experts, negotiating medical bills, and preparing for trial if needed. We are a Los Angeles-based team with concierge-style service, direct attorney communication, and help with repairs and some out-of-pocket costs. We work on contingency, so there is no fee unless we win.
What we handle in the first 30 days of your case
- Evidence preservation and scene investigation
- Video and data requests, including black box downloads
- Vehicle inspections and defect reviews
- Witness outreach and statements
- Opening claims with all insurers and coordinating repairs
- Guiding you to appropriate medical care and tracking bills
When experts and reconstruction can change the fault split
Crash reconstruction, human factors, and biomechanical experts can shift percentages by explaining speed, perception-response time, visibility, and injury mechanics. A small shift from 60/40 to 70/30 can add real dollars to your recovery.
No fee unless we win, free consultation anytime
We offer free consultations, 24/7 availability, and contingency fees. The next step is simple. Call or message us for a case review. We will listen, explain your options, and start protecting evidence right away.
FAQs: California comparative negligence and shared-fault claims in Los Angeles
- How does comparative negligence affect my settlement?
- Your compensation is reduced by your percentage of fault. If you are 25 percent at fault and your damages are $200,000, your recovery is $150,000.
- Do I have a case if I admitted some fault at the scene?
- Probably. A quick apology is not the final word. Evidence controls. We often overcome early statements with facts and expert analysis.
- What if the police report is wrong?
- Reports help, but they are not the final say. Videos, EDR data, and witnesses can correct errors and move the fault split.
- How fast should I get medical care?
- As soon as possible. Early care protects your health and your claim. Delays can lead insurers to argue you were not hurt.
- What are common mistakes that hurt claims?
- Gaps in treatment, social media posts, recorded statements, and guessing speeds or distances. Also, missing deadlines or ignoring follow-up care.
- What affects case value in Los Angeles?
- Liability split, injury severity, medical care, available insurance, venue, and credibility of evidence. Intersections known for crashes, like busy corridors along Ventura Boulevard or near Hollywood and Highland, often have cameras that help.
- Are online settlement calculators accurate?
- No. They ignore fault splits, venue, liens, and future care. Real value depends on evidence and negotiation.
- When should I hire a lawyer?
- Early, especially with injuries, disputed fault, or multiple vehicles. We protect deadlines and evidence.
- Red flags that mean you need representation?
- Serious injuries, surgery, commercial or rideshare vehicles, government entities, or an insurer rushing you to settle.
- Can I handle a small property-damage-only claim myself?
- Often yes. For injuries, get a free consult. There is no cost to learn your options.
- What are the typical case phases and timing?
- Treatment and investigation, demand and negotiation, then settlement or lawsuit. Settlement can occur in months. A lawsuit can take longer, often a year or more.
- What can I do to help my case?
- Follow treatment, keep records, avoid social media about the crash, and update us on new symptoms or providers.
For broader auto claim insights and local support, visit our page for Auto Accident Fault Determination.
Conclusion
California comparative negligence lets us seek compensation even if we share fault. The percentage matters, and the right steps early on protect your claim. The 60/40 and 80/20 examples show how a few details can move the numbers. Insurers will try to push blame onto you, but careful investigation and consistent care can put the facts back on your side. If you were in a partially at fault accident California, reach out to our Los Angeles team for a free consultation. We are here 24/7, we have recovered millions for clients, and we will fight for a fair result while you focus on healing.