When you’re injured in an accident, getting fair compensation depends not only on proving someone else was at fault, but also on how much you may have contributed to the situation. California follows a legal rule called pure comparative fault, which can reduce your payout based on your share of the blame.
At The Law Office of Brent D. Rawlings, clients often ask: “What if I was partly at fault?” This article explains how comparative fault works in California, how it impacts personal injury claims, and what you can expect if shared responsibility is involved – www.ourclientswin.com.
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What Is Comparative Fault?
Comparative fault—sometimes called comparative negligence—is a legal concept that applies when more than one person (including the injured party) shares responsibility for an accident.
Under California’s pure comparative fault rule, an injured person can still recover damages even if they are 99% at fault. However, their compensation will be reduced by their percentage of fault.
A Simple Example
Let’s say you were involved in a car accident and suffered $100,000 in damages. If a jury finds:
- The other driver was 80% at fault
- You were 20% at fault
- You would still be awarded compensation, but it would be reduced by 20%, so you would receive $80,000.
This rule applies to most personal injury claims in California, including:
- Car and truck accidents
- Motorcycle and bicycle collisions
- Slip and fall or premises liability cases
- Dog bites
- Product liability
- Medical malpractice
- Workplace injuries involving third parties
How Is Fault Determined?
Assigning percentages of fault is not always straightforward. It depends on:
- Police reports
- Eyewitness statements
- Photos or video of the incident
- Medical records
- Expert testimony (e.g., accident reconstructionists)
In settlement negotiations, insurance companies may try to inflate your level of fault to reduce what they pay. That’s why having an experienced attorney—like those at The Law Office of Brent D. Rawlings—is essential. They will protect your interests and challenge unfair assessments of your role in the incident.
Common Scenarios Involving Shared Fault
- Car Accidents. You’re rear-ended but didn’t use your turn signal—both drivers may share fault.
- Slip and Fall. You slipped on a wet store floor, but were looking at your phone—your distraction may count against you.
- Bicycle Accidents. You’re hit by a driver while riding against traffic—fault is split between you and the driver.
- Product Liability. You were injured by a defective product, but didn’t follow instructions exactly—your usage may be questioned.
Each of these scenarios involves complex decisions about behavior, awareness, and reasonableness. That’s why legal representation is key when fault is being contested.
When a case goes to court, the judge or jury decides:
- The total amount of damages
- Each party’s percentage of fault
- Your final award is calculated based on this division. In settlement talks, insurance adjusters use the same principle. They might offer a lower amount if they believe you were partially to blame.
It’s crucial to have a lawyer who can:
- Push back against unfair fault percentages
- Present evidence that minimizes your share
- Show how the other party’s negligence was the main cause
The Law Office of Brent D. Rawlings builds strong, evidence-based cases to ensure clients are not unfairly blamed or shortchanged.
Does Comparative Fault Apply to Wrongful Death or Catastrophic Injury Cases?
Yes. Even in wrongful death or catastrophic injury claims, comparative fault applies. The damages may be substantial, but the same rule holds: if the victim was partially responsible, compensation is reduced by that share.
Example: In a wrongful death lawsuit involving a fatal pedestrian accident, if the deceased was found to be jaywalking, their family’s recovery might be reduced, even if the driver was mostly at fault.
In California personal injury cases, being partly at fault doesn’t mean you’re out of luck—but it does mean your case is more complex. Whether you’re 5% or 75% responsible, you still have the right to seek compensation for your injuries.
At The Law Office of Brent D. Rawlings, we understand how comparative fault can impact your case. We fight to ensure your share of the blame is fairly assessed and that you receive the compensation you deserve.
To learn more about your rights or start your claim, visit www.ourclientswin.com and schedule a free consultation.
