Can I Still Recover Compensation If I Was Partially at Fault?
One of the most common concerns people have after an accident is whether they can still recover compensation if they were partially at fault. In California, the answer is yes, and understanding how this works is important because insurance companies routinely try to use shared fault to reduce or deny legitimate claims.
California’s Pure Comparative Negligence System
California follows a “pure comparative negligence” system under Civil Code Section 1714. This means you can recover damages even if you were 99% at fault for the accident. Your recovery is simply reduced by your percentage of responsibility. For example, if your total damages are $1 million but you were 30% at fault, you would recover $700,000. This is more favorable to injured individuals than the systems used in many other states, where being more than 50% or 51% at fault bars recovery entirely.
How Fault Is Determined
In practice, the percentage of fault is determined by examining all the circumstances of the accident. In a car accident, factors might include speed, distraction, traffic violations, road conditions, and vehicle maintenance. In a slip-and-fall case, it might involve whether the hazard was obvious, whether you were paying attention, and whether the property owner had adequate warnings posted. In cases that go to trial, the fact-finder makes the final determination of each party’s fault percentage. In settlements, the parties negotiate based on the evidence.
Insurance Company Tactics
Insurance companies are well aware of how comparative negligence works, and they use it strategically. A common tactic is to assign an inflated share of fault to you in order to justify a lower settlement offer. They might point to minor traffic infractions, argue you were not wearing a seatbelt, or claim your injuries were caused by a pre-existing condition rather than the accident. An experienced attorney knows how to counter these tactics with evidence and expert testimony, protecting you from unfair fault allocations.
Comparative Negligence in Multi-Party Cases
When multiple parties share responsibility for an accident, comparative negligence becomes even more complex but also more important. In a multi-vehicle crash, a trucking accident, or a product liability case involving multiple defendants, each party’s share of fault must be allocated. Attorney Tobin Lanzetta has extensive experience managing these large, multi-party cases, ensuring that fault is properly distributed among all responsible parties rather than unfairly concentrated on the injured person.
The Bottom Line
Do not assume you have no case because you may have been partially at fault. California law protects your right to recover compensation proportional to the other parties’ share of responsibility. The key is having an attorney who can build the strongest possible case for minimizing your fault percentage and maximizing your recovery.
Lanzetta Law is a national trial firm with offices in Los Angeles and Santa Fe, serving clients throughout California, New Mexico, and nationwide. If you have questions about a potential claim, contact us for a free consultation.
Disclaimer: The information on this page is for general informational purposes only and is not intended as legal advice. Nothing on this website creates an attorney-client relationship between you and Lanzetta Law. Every case is unique, and past results do not guarantee future outcomes. If you have questions about your specific situation, please contact an attorney for a personalized consultation.