A moment of careless speeding slightly or failing to signal while driving suddenly turns into a car crash. In the aftermath of the accident, you may find yourself wondering if you can still get compensation if you were partially at fault.
Many victims tend to believe that if they play any role in a collision, they lose their right to pursue any compensation. In reality, California’s pure comparative fault rule does not automatically bar you from financial recovery despite your own negligence.
Defining pure comparative fault
In California, an injured person may still recover damages from an accident even if they were partly at fault for it. Under state law, a plaintiff may receive compensation even if they were 99% at fault for the accident. Instead, the final amount may be reduced by their share of fault in the incident.
How the math works
The basic formula under California’s comparative fault system is straightforward. Courts simply have to determine the plaintiff’s total damages, assign a fault percentage to each party and reduce the total damages by the plaintiff’s share of fault.
As an example, your total damages add up to $100,000 in a car accident. However, you were found to be 25% at fault because your vehicle had a burnt-out taillight, which contributed to the accident. Your final award amounts to $75,000, which is 75% of the damages after subtracting your fault percentage.
Why fault percentage matters
With insurance claims, the provider may aggressively try to shift more blame onto you to save money because every percentage of fault attributed to you is money taken out of your pocket.
To keep your fault percentage as low as possible, it is important to present strong, credible evidence that clearly supports your version of what happened:
- Police reports
- Witness testimonials
- Accident reconstruction findings
- Traffic camera footage
- Expert analysis statements
These documents can help establish the other party’s responsibility and improve your chances of maximizing your recovery.
Protecting your post-accident recovery
Do not assume your case is lost just because you made a mistake on the road. Understanding liability is a critical step when seeking compensation after a car accident. A lawyer can help ensure you are not assigned more than your fair share of blame and can position you for a favorable outcome.