Understanding California's Comparative Fault Law (What if I'm Partially at Fault?)

Sep 4

Published: September 4, 2025. Estimated Read Time: 3 minutes

Today, as part of our series for Auto Accident Awareness Month, we’re breaking down a unique part of California law: the pure comparative fault system.

While you’re here, make sure to grab our guide: The Post-Accident Checklist, designed to give you peace of mind should you find yourself in a fender-bender.

Imagine this: you're making a left turn with a green arrow when another driver runs the red light and slams into you. It seems clear-cut. But then, the insurance adjuster argues you were 'speeding' or 'didn't look properly,' claiming you share some of the blame. Your heart sinks. Does this mean you get nothing? In California, the answer is a resounding no.

Thanks to our state's unique 'Pure Comparative Fault' law, you can still recover damages even if you were 99% at fault.

What Is Comparative Fault? (The Simple Explanation)

Brief Definition: Comparative fault is a legal principle used to assign responsibility in an accident where more than one person may be to blame.
The California Standard: Emphasize that California uses "Pure" Comparative Negligence. This is what makes it unique and consumer-friendly.
The Core Principle: In a nutshell, your compensation is reduced by your percentage of fault.

How Pure Comparative Negligence Works

Example 1: The Minor Blame
- Scenario: You're rear-ended at a stop light. The insurance company argues you had a faulty brake light, which is 10% responsible for the crash because the other driver couldn't see you stopping.
- Your Total Damages: $100,000
- Calculation: $100,000 - (10% of $100,000 = $10,000) = $90,000 recovery
- Takeaway: Even with some fault, you recover the vast majority of your damages.

Example 2: The Major Blame
- Scenario: You are jaywalking (75% at fault) and a driver who is speeding (25% at fault) hits you.
- Your Total Damages: $100,000
- Calculation: $100,000 - (75% of $100,000 = $75,000) = $25,000 recovery
- Takeaway: Even being mostly at fault, you can still recover a significant amount. (Contrast this with states that bar recovery if you're 50% or 51% at fault!).

How Is Fault Percentage Determined?

Evidence is Key: Police reports, traffic camera footage, witness statements, photos of the scene, vehicle damage patterns, and accident reconstruction experts.
The Negotiation Process: Insurance companies will always try to maximize your share of fault to minimize their payout. This is where having a lawyer is critical to fight back with evidence and protect your rights.

Why This Law Matters for You

Don't Admit Fault: Never admit blame at the scene, even if you think you might be partially responsible. Let the evidence be gathered and evaluated objectively.
Don't Accept the First Offer: The insurance company's initial offer will already be low and will likely include an inflated estimate of your fault.
You Need an Advocate: A personal injury attorney's job is to gather evidence to minimize your assigned fault percentage and maximize the value of your damages, ensuring you get the full compensation you're still entitled to under the law.
Related Read: Beyond the Fender Bender: 5 Reasons to Hire a Lawyer After a California Crash

Your Advocates, All Year Round

California's Pure Comparative Fault law is designed to ensure that everyone who suffers harm in an accident gets a fair shot at compensation, even if they made a mistake.

Don't let the fear of shared blame stop you from exploring your legal options.

If you've been in a crash, the most important step is to speak with an attorney who can investigate the facts, protect you from unfair blame, and fight for every dollar you deserve.

Sincerely,

The Team at Caldwell Law Firm

Black and white portrait of a white man in a suit

Michael Train Caldwell was born and raised in the San Francisco Bay Area, and resides in Marin County with his two children. The son of renowned San Francisco trial attorney, Edwin Train Caldwell, Michael comes from a family of litigators, and has been representing individuals facing injury and discrimination for over 20 years.