Overview
In California, personal injury cases aren’t always black and white. If you were injured in an accident but may have contributed to it — even slightly — you still have legal options. Thanks to California’s pure comparative fault law, you can recover compensation even if you were 99% at fault.
Understanding how fault is divided and how it affects your settlement is key to protecting your rights.
🧠 What Is Comparative Fault?
California follows a pure comparative negligence system. That means:
- Each party’s percentage of fault is calculated.
- Your compensation is reduced by your share of fault.
For example, if you’re awarded $100,000 but found to be 30% at fault, you’d receive $70,000.
🚗 Common Scenarios Where Fault Is Shared
Comparative fault often applies in:
- Car accidents where both drivers made mistakes
- Slip and fall cases where the injured person ignored warning signs
- Dog bite incidents where the victim provoked the animal
- Bicycle or pedestrian accidents involving jaywalking or distracted walking
Even if you think you were partly responsible, don’t assume you have no case.
🧾 Real-World Example: Shared Fault in a Parking Lot Collision
A client was backing out of a parking space when another driver sped through the lot and struck her vehicle. The insurance company argued she was 50% at fault for not checking her surroundings.
We gathered surveillance footage and witness statements showing the other driver was speeding and distracted. The client was ultimately found 20% at fault, and we secured a $85,000 settlement after reduction.
🛡️ How Insurance Companies Use Fault Against You
Insurers often try to:
- Overstate your share of fault
- Use vague statements against you
- Delay or deny claims based on “contributory negligence”
Having a lawyer ensures your side of the story is fully represented — with evidence.
📋 How Fault Is Determined in California
Fault is assessed using:
- Police reports
- Eyewitness testimony
- Surveillance footage
- Expert analysis (e.g., accident reconstruction)
California courts use Civil Jury Instructions (CACI) to guide fault allocation. These instructions help juries decide how much each party contributed to the accident.
❓ Frequently Asked Questions
Can I still sue if I was mostly at fault?
Yes. California’s pure comparative fault rule allows recovery even if you were 99% responsible.
Will my settlement be reduced?
Yes — your compensation is reduced by your percentage of fault.
What if there’s no police report?
You can still file a claim. Other evidence like photos, videos, and witness statements can support your case.
Can fault be negotiated?
Absolutely. Fault percentages are often negotiated between lawyers and insurers before trial.
👨⚖️ Why You Need a Lawyer
Proving fault — and minimizing your share — takes strategy. Our attorneys:
- Investigate thoroughly
- Challenge unfair fault assignments
- Negotiate aggressively with insurers
We’ve helped hundreds of Californians recover compensation even when fault was disputed.
📞 Call Infinity Law Group Today
If you’ve been injured and worry you may be partially at fault, don’t let that stop you. We’ll evaluate your case and fight for the compensation you deserve.
📲 Schedule your free consultation Or call us directly at (925) 732-1188
