Many injured people never call a lawyer because they assume being partly at fault ends their case. In California, it does not. California follows pure comparative negligence: your recovery is reduced by your percentage of fault, but it is not eliminated, even if you were mostly at fault. Understanding this rule matters, because insurance adjusters use fault percentages to reduce what they pay.
California's Rule: Pure Comparative Negligence
Under California Civil Code section 1714 and the California Supreme Court's decision in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, fault is divided among everyone who contributed to the accident. Your compensation is reduced by your share. If you were 20% at fault and your damages are $100,000, you can recover $80,000. If you were 70% at fault, you can still recover $30,000. There is no cutoff.
This makes California different from many states. Some states bar recovery entirely if you were 50% or 51% at fault, and a few bar it if you were at fault at all. California does neither.
Comparative Fault Calculator
Estimated recovery: $80,000
Your recovery is reduced by your fault percentage, not eliminated.
This is a simplified illustration, not legal advice. Actual outcomes depend on the evidence and the facts of your case.
How Insurance Companies Use Comparative Fault
Because every percentage point of fault assigned to you reduces the insurer's payout, adjusters look for reasons to shift blame. Common tactics include asking for a recorded statement early, suggesting you were speeding or distracted, or pointing to anything in the police report that could be read against you.
The fault percentage is not decided by the adjuster. It is negotiated, and if the case does not settle, it is decided by a jury. Evidence, including photos, witnesses, vehicle data, and surveillance footage, is what moves the number.
Common Situations Where Fault Is Shared
- Rear-end collisions where the front driver stopped suddenly or had non-working brake lights
- Lane-change accidents where both drivers moved at once
- Left-turn collisions where the oncoming driver was speeding
- Pedestrian accidents outside a crosswalk
- Intersection crashes where signal timing is disputed
In each of these, the insurer may argue you share fault. Sharing fault reduces your recovery; it does not end it.
What This Means for Your Case
Do not assume you have no case because you made a mistake. Do not accept the adjuster's fault percentage as final. And do not give a recorded statement before understanding how it will be used. A free consultation can tell you what your realistic share of fault looks like and what that means for your recovery.
Frequently Asked Questions
- Can I recover if I was more than 50% at fault in California?
- Yes. California has no 50% or 51% bar. Your recovery is reduced by your percentage of fault but not eliminated.
- Who decides my percentage of fault?
- During settlement negotiations, it is argued between your attorney and the insurer based on evidence. If the case goes to trial, the jury decides.
- Does comparative fault apply to pedestrians and motorcyclists?
- Yes. The same rule applies to every party in a California injury case.
If you were injured in a car accident in Los Angeles and think you may have been partly at fault, call Yadegar Law Firm at (213) 558-5555 or submit a free case review. The consultation is free, and there is no attorney's fee unless we recover for you.
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This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines apply to injury claims and can be much shorter when a public entity is involved, so speak with a lawyer about your specific situation.