In accident injury cases, determining who is at fault is often the first step towards determining compensation. In California, that process isn’t always straightforward.

California follows a comparative negligence system.This means that more than one party can share fault for an accident. The shared responsibility that gets determined directly impacts the amount of compensation each person will receive.

If you have been injured in California and are seeking compensation afterwards, understanding how California’s comparative negligence works incan make a big difference in the outcome of your case. 

An experienced Fullerton personal injury attorney can help you navigate the complexities of fault determination, protect your rights, and work to ensure you receive the compensation you deserve.

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine how much each party’s actions contributed to an accident. Instead of assigning all the fault to one side of the dispute, the law assigns a percentage of fault to each party involved.

California follows a pure comparative negligence rule. This means that even if you are 99% at fault, you can still recover compensation. Your recovery will be reduced by your percentage of fault.

How this works:

  • If you were awarded $100,000 in damages but found to be 30% at fault, you would receive $70,000. 
  • If you were 80% at fault, you would still receive $20,000.

How Fault Is Determined

Fault percentages are typically assigned based on evidence and circumstances of the accident. 

This type of evidence can include:

  • Police reports 
  • Witness statements 
  • Video or photo evidence 
  • Expert testimony on accident reconstruction 
  • Medical records linking injuries to the incident 

Insurance adjusters often make the initial fault determination, but if your case goes to trial, a judge or jury will decide.

Why Comparative Negligence Matters

Comparative negligence can significantly impact your injury claim. 

It can lower your payout if you share a percentage of the fault. It can be used as a defense by insurance companies. It can also help your attorney push for a fair settlement during negotiations. 

Protecting Your Claim

If you’re involved in an accident in California, you can take steps to protect your right to compensation even if fault is shared.

  • Document everything. 
  • Avoid admitting fault. 
  • Seek medical care immediately. 
  • Consult a personal injury lawyer early. 

You Can Still Recover Damages

California’s pure comparative negligence system means you’re never automatically barred from recovering damages after an accident, even if you played a role in causing it. However, the more fault assigned to you, the less compensation you’ll receive. 

That’s why having an experienced personal injury attorney on your side is so important.