Table of Contents
Summary
Even if you’re partly at fault for the accident, you may still recover compensation under California’s comparative negligence laws. Your fault percentage reduces your payout, but evidence such as police reports, witness statements, and medical reports can protect your rights. A California personal injury lawyer can help ensure fairness.
Paano kung pareho kayong may pagkakamali sa aksidente — may habol ka pa rin ba?
Getting into car accidents can be life-altering—emotionally, physically, and financially. Many victims hesitate to file a personal injury claim because they believe sharing blame means losing compensation.
But here’s the truth: even if you’re partly at fault for the accident, you may still be entitled to recover damages under comparative negligence laws. If you’re worried about medical bills and vehicle damage after a crash, understanding how fault works can make all the difference.
Let’s break it down so you can move forward confidently.
Understanding California’s Comparative Negligence Laws
California follows a comparative fault system, meaning more than one party can share responsibility for an accident. Under California personal injury law, you can still recover compensation even if you were partially to blame.
For example:
- If your damages total $100,000 but you were 20% at fault, you can still recover $80,000.
- Your fault percentage simply reduces your compensation by that amount.
Under the California Civil Jury Instructions (CACI 405), juries determine each party’s degree of fault based on the facts and circumstances of the case. They carefully examine physical evidence, consider any violations of traffic laws, and review expert testimony to decide how responsibility should be shared among those involved.
Even auto insurance companies use these same principles when negotiating settlements, but they often try to assign you a higher fault percentage.
Kaya mahalaga na alam mo ang iyong karapatan bago ka pumirma sa anumang kasunduan.
How Fault Percentage Affects Your Compensation
Your share of fault doesn’t eliminate your right to recover—it only affects the final amount. Factors that can influence how insurance adjusters calculate your fault percentage include:
- Violations of traffic signs or stop sign rules
- Rear-end collisions or multi-vehicle crashes
- Reckless behavior, such as speeding or texting while driving
- Running a red light or ignoring traffic cameras
- Lack of expert analysis or missing photos of the damage
💡 Pro Tip: Never give a recorded statement to insurance companies without consulting your California personal injury lawyer. What you say could be used against you to increase your fault percentage.
What Evidence Helps Strengthen Your Case
Solid evidence is key to minimizing your share of fault and maximizing your recovery. A strong personal injury claim often includes:
Type of Evidence | Description | Example |
Police Report | Official documentation of the crash | Confirms time, location, and involved parties |
Witness Statements | Testimonies from people who saw the crash | Confirms who ran the red light |
Medical Reports | Records linking injuries to the accident | Supports medical expenses and pain and suffering |
Photos of the Damage | Visual proof of the crash scene | Shows vehicle damage and road conditions |
Accident Reconstruction | Expert analysis of how the crash occurred | Explains comparative fault factors |
Responding Officers’ Reports | Officers who documented traffic signs or violations | Adds credibility to your claim |
Also, collect witness names and contact information. These details often make the difference when arguing fault with a claims adjuster.
Why Legal Representation Matters
Even with clear traffic cameras and medical reports, proving fault can be a complex process. Insurance adjusters are trained to minimize payouts and shift blame. A skilled California personal injury lawyer can:
- Gather expert analysis and physical evidence to reduce your assigned fault.
- Handle all communication with insurance companies and the claims adjuster.
- Ensure accurate calculation of medical expenses and pain and suffering.
- Negotiate for fair compensation after auto accidents or multi-vehicle crashes.
Personal injury attorneys understand how to challenge unfair fault assignments and protect your right to recovery.
FAQs About Partial Fault in Accidents
Can I still file a claim if I’m partly at fault for the accident?
Yes. Under comparative negligence, you can still recover damages even if you share responsibility.
How does a claims adjuster decide fault?
They analyze traffic laws, witness statements, photos of the damage, and police reports.
What if the other driver was reckless?
Reckless behavior by another driver (like running a red light) can reduce your share of fault.
How can a lawyer help?
Your lawyer gathers expert testimony and physical evidence to protect you from unfair blame.
Do I need to pay up front?
Most personal injury attorneys work on a contingency basis—you pay nothing unless they win.
Don’t Let Partial Fault Stop You From Getting Compensated
Being partly at fault for the accident doesn’t mean you lose your right to compensation. With the right evidence and a strong advocate by your side, you can recover the medical expenses, lost income, and emotional damages you deserve.
Contact us for a free consultation. Get the treatment you need and the compensation you deserve.
