Car accidents are rarely clear-cut when it comes to determining who was at fault. In many cases, both parties share some level of responsibility. California law recognizes this reality and uses what is known as the comparative fault rule to assign liability and determine how much compensation each party can recover. If you have been injured in a car accident in Los Angeles, it is crucial to understand how this rule could affect your case and potential settlement.
In this blog, we will break down California’s comparative fault rules, explain how fault percentages influence car accident claims, and offer insights into why having a car accident lawyer in Los Angeles is essential to protect your rights and maximize your recovery.
What Is the Comparative Fault Rule?
California follows a pure comparative fault system, meaning anyone involved in a car accident can recover damages, even if they are partially or mostly at fault. Your compensation is reduced based on the percentage of fault assigned to you.
For example, if you are awarded $100,000 in damages but are found to be 30 percent at fault, your compensation would be reduced by $30,000, leaving you with a final settlement of $70,000. This principle ensures that all parties are held accountable in proportion to their actions.
California’s comparative fault rule is codified in the Civil Code and has significant implications for how car accident claims are handled throughout the state, including in Los Angeles. Unlike some states that use modified comparative fault or contributory negligence systems, California allows injured parties to recover compensation even if they were 99 percent at fault.
How Comparative Fault Impacts Car Accident Claims
Understanding the comparative fault rule is especially important when filing car accident claims in Los Angeles. The percentage of fault assigned to you can drastically affect the value of your claim.
You were rear-ended at a stoplight, but your brake lights were not functioning. The other driver may be primarily at fault for not stopping in time, but you could still share partial blame for failing to maintain your vehicle. If the other driver is found to be 80 percent responsible and you are 20 percent responsible, your compensation will be reduced accordingly.
This rule applies in court and during settlement negotiations with insurance companies. Adjusters frequently use fault percentages to justify lower settlement offers. They may argue that your actions contributed to the accident to reduce their pay.
For this reason, it is essential to document everything carefully. Photographs from the scene, police reports, witness statements, and medical records all play a role in determining fault. An experienced car accident lawyer in Los Angeles will know how to gather and present this evidence to protect your interests.
Types of Evidence Used to Determine Fault
In a comparative fault case, both parties will seek to prove the extent of their involvement or lack thereof in causing the accident. Several types of evidence are commonly used to determine how fault is allocated:
- Police Reports: Law enforcement officers often provide an initial assessment of fault. Their reports can include statements from both drivers, diagrams of the accident scene, and any traffic citations issued.
- Witness Statements: Neutral third parties who saw the accident can offer valuable insights and confirm or contradict each driver’s account.
- Surveillance or Dashcam Footage: Videos can show how the accident occurred in real time, capturing behaviors like speeding, sudden braking, or failure to yield.
- Medical Records: These help link injuries to the accident and show the extent of harm suffered.
- Expert Testimony: Accident reconstruction experts can recreate the event and provide opinions on how it likely unfolded.
A strong legal team will know how to gather, interpret, and present this evidence to reduce your share of fault and strengthen your claim.
Mistakes That Can Increase Your Share of Fault
Because the comparative fault rule directly reduces your compensation based on your share of responsibility, it is essential to avoid common mistakes that could unfairly increase your fault percentage:
- Delaying Medical Treatment: Insurance companies may argue that your injuries were not serious or were unrelated to the accident.
- Admitting Fault at the Scene: Even saying “I’m sorry” can be used against you later.
- Failing to File a Police Report: This weakens your claim and makes it harder to prove what happened.
- Talking to Insurance Adjusters Without Legal Advice: Adjusters are trained to elicit statements that shift blame.
- Posting on Social Media: Photos or updates about your recovery can be misinterpreted and used against your case.
If you are involved in a crash, your first call after seeking medical attention should be to a car accident lawyer in Los Angeles. Legal counsel can guide you through the steps you need to take to protect yourself and your claim.
Why Hiring a Lawyer Matters in Comparative Fault Cases
Comparative fault cases are rarely straightforward. The more complex the accident, the more likely the fault will be shared. Insurance companies will do everything they can to assign you a higher percentage of blame, which reduces the amount they have to pay.
This is why having an attorney is so essential. An experienced lawyer can:
- Investigate the accident thoroughly
- Collect and preserve critical evidence
- Negotiate with insurance companies on your behalf
- Challenge exaggerated or unfounded fault claims
- Maximize your compensation by reducing your share of fault
At LA Injury Lawyers, we understand how to apply California’s comparative fault rules to your advantage. We fight hard to ensure our clients are not unfairly penalized for an accident they did not primarily cause. We work on a contingency basis, which means you pay nothing unless we win your case.
Partial Fault Does Not Mean No Justice
Many accident victims wrongly believe that they cannot recover damages if they were partially at fault. That is simply not true under California law. Even if you bear some responsibility for the crash, you still have a legal right to pursue compensation.
At LA Injury Lawyers, we help clients recover what they are rightfully owed, no matter the circumstances. Our team has the experience, resources, and determination to build a strong case on your behalf, even if the insurance company says you were to blame.
Recent Results:
- $11 Million – Multi-vehicle accident with shared fault
- $10 Million – Rear-end collision with disputed liability
- $8.2 Million – Comparative fault claim involving multiple drivers
- $7 Million – Intersection crash with conflicting witness statements
If you or a loved one has been injured in a car accident in Los Angeles, contact us today for a free legal evaluation.
(818) 539-5390
6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
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Frequently Asked Questions (FAQs)
- What is California’s comparative fault rule?
It is a legal principle that allows injured parties to recover damages even if they were partially at fault. Compensation is reduced in proportion to the percentage of fault assigned to them. - Can I still file a claim if I was 80 percent at fault?
Yes. Under California’s pure comparative fault rule, you can file a claim regardless of your level of fault. However, your compensation will be reduced accordingly. - Who decides the fault percentages in a car accident?
Fault can be determined by insurance adjusters during settlement discussions or by a judge or jury if the case goes to trial. Evidence plays a critical role in this determination. - How does comparative fault affect settlement negotiations?
The more fault assigned to you, the lower your settlement offer will be. This is why it is essential to have an attorney who can push back against unfair fault assignments. - Should I hire a lawyer for a comparative fault case?
Absolutely. These cases are complex and require a strong legal strategy to ensure that you are not unjustly blamed or under-compensated.
