TL;DR: Yes. Under Californiaโs pure comparative negligence law, you can still file an injury claim even if you were partially at fault. Your compensation will be reduced based on your share of responsibility. This article explains how it works, what steps to take, and how to protect your rights.
Understanding Californiaโs Pure Comparative Negligence Rule
California law allows you to recover damages even if youโre 99% at fault for a crash. This is called pure comparative negligence. Your total compensation is reduced by your percentage of fault. For example, if your damages total $100,000 and youโre found 30% responsible, you can still recover $70,000.
Common Situations Where Fault Is Shared
- You were rear-ended but had broken brake lights
- You were speeding and struck by someone making an illegal turn
- You entered an intersection on yellow, but another driver ran a red light
Insurance adjusters often try to shift blame unfairly. A skilled attorney can challenge these tactics with evidence like photos, surveillance footage, and expert testimony.
Damages You Can Still Recover
Even if you were partly at fault, you may still be entitled to:
- Medical bills and rehabilitation expenses
- Lost wages or reduced future earning potential
- Pain and suffering (physical discomfort and emotional distress)
- Property damage to your vehicle or belongings
โDamagesโ refers to money awarded to cover your losses from the accident.
Steps to Take if You Were Partially at Fault
- Get medical care immediately โ even if you feel fine
- Document the scene: take photos, get witness info, and request the police report
- Do not admit fault when speaking to insurance adjusters
- Consult a personal injury lawyer to protect your rights and build your case
- File your claim within 2 years (or 6 months if a government vehicle is involved)
Real Client Example: Oakland Intersection Crash
One of our clients in Oakland was sideswiped at an intersection. The police report wrongly placed 40% of the blame on her. But after we reviewed traffic camera footage and gathered witness statements, her fault percentage was reduced to 10%. The insurance company initially offered $90,000. We negotiated a final settlement of $280,000.
Feeling Confused or Blamed After a Crash?
Pause. Take a deep breath. Write down your version of events while itโs still fresh. Youโre not aloneโand you donโt have to figure this out on your own. A legal team can investigate, advocate, and help you focus on healing.
FAQs
Can I sue if I was 50% at fault?
Yes. California allows you to recover damages no matter how fault is shared. If youโre 50% at fault, you can still recover 50% of your losses.
What if Iโm more at fault than the other driver?
You can still file a claim. Even if youโre 80% responsible, you may recover 20% of your total damages.
Will my insurance rates go up?
They mightโespecially if your insurer finds you partially at fault. However, pursuing compensation from the other driverโs insurer is still valid and may offset some of your costs.
Do I need a lawyer if Iโm partly at fault?
Yes. Insurance companies often try to exaggerate your share of fault. A lawyer can gather evidence to dispute unfair fault assignments and maximize your recovery.
Is it worth filing a claim if Iโm partially at fault?
Yes. If your injuries are serious, even reduced compensation can be substantial. Let a professional assess the full value of your case.
Talk to a California Car Accident Lawyer Today
West Coast Trial Lawyers has helped thousands of injured Californians recover damagesโeven when they were partially at fault. Contact us today for a free consultation. No win, no fee.
Article by Neama Rahmani, Esq. โ President, West Coast Trial Lawyers. California Bar No. 240613. Verify credentials.
This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific case.
