How Does Comparative Fault Work in California?

Comparative Fault in Personal Injury Claims | Law Offices of Mickey Fine

When you get injured in an accident that is someone else’s fault, you are entitled to fair compensation under California law. But what if you are partially to blame for your own injuries?

In this scenario, California follows the rule of “pure comparative fault.” This rule allows accident victims to recover partial compensation even if they share legal responsibility for the accident.

How Pure Comparative Fault Works in California

Under California’s pure comparative fault law, the amount you can recover after an accident is tied directly to your percentage of fault. The greater your percentage of fault, the less you are entitled to recover.

Here are some examples:

  • Example #1: You were 10% at fault for the accident. Let’s say you are found to be 10% at fault for a car accident – maybe you were speeding slightly at the time of the collision. In this scenario, you would be entitled to recover 90% of your accident-related losses.
  • Example #2: You were 50% at fault for the accident. Now let’s say you were 50% at fault. While this would bar you from recovering financial compensation in some states, you can still recover 50% of your losses under California law.
  • Example #3: You were 90% at fault for the accident. Finally, let’s assume that you were primarily (but not totally) at fault for the accident. Although an investigation places your percentage of fault at 90%, in California you are still entitled to recover 10% of the economic and non-economic costs you incur as a result of the accident.

5 Important Facts About Pure Comparative Fault

As you can see, California’s pure comparative fault law can have a significant impact on the amount you can recover after a vehicle collision, fall, or other accident. With this in mind, here are five important facts about California’s pure comparative fault law:

1. You Should Never Assume You Were Partially at Fault for an Accident

No matter what happened, you should never assume that you were partially at fault. You need to make sure you recover the full compensation you deserve; if you assume you were partially at fault when you weren’t, you could end up with just a fraction of what you are rightfully owed.

2. Determining Fault Requires a Comprehensive Investigation

In order to determine who was at fault for your injuries, it is necessary to conduct a comprehensive investigation. Even if you think you were partially at fault, an investigation may reveal that your actions were not a factor.

When you seek legal counsel after you have been injured, your lawyer will promptly launch an investigation focused on uncovering the true cause or causes of the accident. This investigation can reveal the liable party or parties.

3. Determining the Percentage of Fault Requires a Careful Legal Analysis

If your losses are in the tens or hundreds of thousands of dollars, even a small percentage can have a big impact on the amount you are entitled to recover. Determining the percentage of fault requires a careful legal analysis.

Your percentage of fault (if any) needs to be based on the specific facts and circumstances of your case. After conducting an investigation, your lawyer will analyze the facts of your case under California law in order to determine how much compensation to seek on your behalf.

4. The Insurance Companies Will Try to Blame You for Your Own Injuries

Regardless of the facts of your case, there is a good chance that the insurance companies will try to blame you for your own injuries. If this happens, you need to make sure you do not let them control the outcome of your claim. You need to stand up for your legal rights, and you need to fight to make sure you recover the full compensation you deserve.

5. An Experienced Bakersfield Accident Lawyer Can Help Maximize Your Financial Recovery

When dealing with a situation involving comparative fault, it is extremely important to have an experienced lawyer on your side. From calculating your percentage of fault (if any) to proving the costs of your injuries, an experienced lawyer will be able to help with all aspects of your claim.

Do not let the insurance companies wrongfully deny you fair compensation based on allegations of comparative fault. Hire an experienced attorney to help maximize your financial recovery.

Contact Accident Lawyer Mickey Fine Today

Are you concerned that you may have been partially at fault for an accident? If this is the case, it is in your best interest to speak to a lawyer as soon as possible.

Attorney Mickey Fine has extensive experience representing clients in a wide range of personal injury claims. Our team will fully review the circumstances of the accident and pursue the full compensation you deserve.

For a free consultation, please call the Law Offices of Mickey Fine at (661) 333-3333 today. Our accident lawyer serves clients in Bakersfield and other nearby areas of California.

Personal Injury
by Mickey Fine Law
Last updated on - Originally published on