California Comperative Negligence
They Say It's Your Fault...
But Is It Really?
Start By Understanding the Facts.
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Fault should be based on evidence—not assumptions.
Protecting Your Rights After an Injury
In California, even if you were partially at fault for your accident, you may still be entitled to compensation, but the law applies specific rules to determine how much you can recover.
What is Comparative Negligence?
Under California law, compensation is reduced by your percentage of fault—not automatically eliminated.
California follows the doctrine of pure comparative negligence, which allows more than one person to share responsibility for the same accident.
For example, if you were injured in a car accident and the court determines you were 20% at fault, and the total damages are $50,000, your recovery would be reduced by 20%—so you would receive $40,000.
Even if you share some responsibility, you may still recover compensation for the portion of damages caused by the other party.
Careful investigation and negotiation can help ensure fault is fairly evaluated.
How Comparative Negligence Works in California?
Here’s a simplified breakdown of the process:
Investigators, insurance adjusters, and courts examine evidence like accident reports, witness statements, and photographs.
Each party’s contribution to the accident is assigned a percentage of fault.
Once fault is determined, your total damages—including medical bills, lost wages, and pain and suffering—are adjusted according to your percentage of fault.
Even if you are partially responsible, California law allows you to recover any portion of damages attributed to the other party, regardless of your level of fault.
Many injured clients assume that if they share any fault for an accident, they cannot recover anything. This is not true in California. Comparative negligence can be complicated, and insurance companies often try to assign higher percentages of fault to the injured party to reduce payouts. Having an experienced Sherman Oaks personal injury attorney can ensure your share of fault is calculated fairly and that your compensation reflects the true impact of the accident. By Garret A. Lungin, Attorney at Law.
Common Situations Involving Comparative Negligence
Motor Vehicle or Passenger Accidents
One driver may have been speeding while the other failed to signal or made an unsafe lane change. Responsibility isn't always all-or-nothing.
Slip and Fall Accidents
A dangerous condition on the property may still make the owner responsible, even if you weren't watching every step.
Pedestrian or Bicycle Accidents
Crossing outside a crosswalk or riding unpredictably doesn't automatically place all responsibility on you if a driver was also careless.
Comparative negligence is based on the unique facts of each case. Determining who was responsible—and to what extent—depends on the available evidence.
How is % of fault determined in a personal injury case?
Percentage of fault is assessed using evidence such as:
🔘 Police reports
🔘 Witness testimony
🔘 Photographs
🔘 Accident reconstruction or expert analysis
🔘 Physical Damages
An experienced personal injury professional can help gather and present this evidence effectively.
Insurance adjusters may attempt to increase your percentage of fault to lower the payout. Having an attorney review your case ensures that fault is calculated accurately. By Garret A. Lungin, Attorney at Law.
Comperative Negligence Strategy
Unlike chess, you don't get to start over if you make the wrong move.
Cases involving shared fault often involve disputes over evidence and fault percentages. An experienced personal injury professional may help to maximize your recovery and protect your legal rights.
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