What Happens If I’m Partially at Fault for an Accident in California?

Car accidents aren’t always black and white—sometimes, multiple parties share responsibility. If you’re wondering what happens if you’re partially at fault for an accident in California, you’re not alone. Fortunately, California follows a comparative negligence system, meaning you may still be able to recover compensation even if you were partially at fault.

Understanding California’s Comparative Negligence Law

California follows a pure comparative negligence rule, which means:

• You can recover damages even if you were 99% at fault.

• Your compensation will be reduced by your percentage of fault.

• Insurance companies will determine fault based on evidence and adjust settlement offers accordingly.

For example, if you were found 30% at fault for an accident and your total damages amount to $100,000, you would still receive $70,000 in compensation.

How Fault Is Determined in California Accidents

Insurance companies, lawyers, and courts consider several factors to determine fault, including:

• Police reports and accident investigations

• Witness statements

• Traffic camera footage or dashcam recordings

• Damage to vehicles and accident scene evidence

• Admissions of fault by any party involved

Common Scenarios Where Partial Fault Applies

You may be found partially at fault in situations such as:

• Rear-End Collisions: If you were tailgating when the other driver suddenly stopped.

• Left-Turn Accidents: If you made a left turn without yielding but the oncoming driver was speeding.

• Distracted Driving: If both drivers were distracted and contributed to the crash.

• Failure to Signal: If you failed to use your turn signal, leading to a side-impact collision.

How Partial Fault Affects Your Compensation

Because California uses comparative negligence, your compensation depends on your degree of fault. If you suffered serious injuries, your settlement or lawsuit payout could still be significant, even if you were partially responsible.

If you want to maximize your compensation, consider When to Hire a Personal Injury Lawyer in California to ensure your legal rights are protected.

Steps to Take If You’re Partially at Fault

If you suspect you share responsibility for an accident, follow these steps:

1. Stay at the Scene & Call 911 – Always report the accident to authorities.

2. Gather Evidence – Take pictures, videos, and witness contact information.

3. Avoid Admitting Fault – Even saying “I’m sorry” can be used against you.

4. Consult a Lawyer – A personal injury attorney can negotiate with insurers and protect your claim.

Can You Still File a Lawsuit If You’re Partially at Fault?

Yes! Even if you share some blame for the accident, you can still file a personal injury lawsuit in California. Your legal team will:

• Challenge fault determinations made by insurance companies.

• Argue for a fair settlement that considers all contributing factors.

• Help you secure compensation for medical bills, lost wages, and pain and suffering.

To learn more about calculating your potential payout, read How Much Is My Personal Injury Case Worth in California?.

Final Thoughts

Being partially at fault for an accident in California doesn’t mean you lose your right to compensation. Thanks to the state’s comparative negligence laws, you can still recover damages based on your level of fault. If you need legal guidance, contact LA Legal Partners today at 310-592-8927 for a free consultation and expert assistance with your claim.