If you’ve been involved in a car accident in California, one of the first legal questions that arises is: Who was at fault?But what happens when both drivers share some responsibility for the crash? This is where California’s comparative negligence law comes into play—a key legal principle that can significantly affect how much compensation you can recover after an accident.
At Holland & Holland, we understand that car accident cases are rarely black and white. Our goal is to help injured clients understand their rights and maximize their recovery—even when fault is shared. This guide breaks down how comparative negligence works in California car accident cases, how it affects your claim, and what steps you can take to protect yourself legally.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to assign proportional fault to all parties involved in an accident. Rather than one person being 100% at fault, the court (or insurance adjusters) may determine that multiple parties share responsibility, and compensation is awarded accordingly.
Example:
Let’s say you were hit by another driver who ran a red light—but you were also speeding at the time. A jury might decide the other driver was 80% at fault, and you were 20% at fault. If your total damages were $100,000, you would receive $80,000, reduced by your share of fault.
California Is a Pure Comparative Negligence State
Every state handles shared fault differently. California follows the “pure” comparative negligence rule under California Civil Code Section 1714. This means:
You can still recover damages even if you are up to 99% at fault for the accident—though your compensation will be reduced by your percentage of fault.
This is different from modified comparative negligence states, where you’re barred from recovering anything if you’re found more than 50% or 51% at fault.
How Fault Is Determined After a Car Accident
Determining fault in a car accident involves reviewing all available evidence, such as:
- Police reports
- Eyewitness statements
- Surveillance or dashcam footage
- Vehicle damage
- Traffic laws and violations
- Accident reconstruction expert analysis
While insurance companies often make initial fault determinations, these assessments are not final. If you disagree with the insurer’s findings, you can challenge them through negotiation or litigation with the help of an experienced attorney.
At Holland & Holland, we work to build a strong case on your behalf by gathering all relevant evidence and pushing back against unfair fault allocations.
Common Scenarios Involving Shared Fault
Understanding how comparative negligence might apply in real-life situations can help clarify what to expect in your case. Here are a few common examples:
Rear-End Collision with a Sudden Stop
While rear-end drivers are typically assumed to be at fault, the driver in front may share responsibility if they suddenly stopped without cause or had non-functioning brake lights.
- You may be 70% at fault for following too closely
- The other driver may be 30% at fault for a defective brake light
Intersection Accident with Unclear Right-of-Way
Two drivers enter an intersection at the same time, both believing they had the right-of-way. This could result in a split liability scenario.
- You may be 50% at fault
- The other party may be 50% at fault
- Compensation is divided accordingly
Distracted Driving with Contributing Factors
A driver texting behind the wheel hits a car making an illegal U-turn. Both parties may share liability.
- Texting driver: 60% at fault
- Driver making illegal U-turn: 40% at fault
Why Comparative Negligence Matters in Your Car Accident Claim
Your percentage of fault directly impacts the value of your settlement or court award. Insurance companies know this—and often try to inflate your share of fault to reduce what they have to pay.
Let’s look at a financial example:
Scenario:
- Your total damages: $150,000
- You’re found 30% at fault
- Your final compensation: $105,000
In high-damage cases involving serious injuries, even a 10–20% shift in liability can mean tens of thousands of dollars in difference.
This is why having a skilled Orange County car accident attorney is critical. At Holland & Holland, we aggressively advocate for fair fault assessment and fight to minimize your percentage of blame.
How Insurance Companies Use Comparative Negligence Against You
It’s common for insurance adjusters to use the comparative negligence doctrine to undermine your claim. Some tactics they use include:
- Claiming you were distracted or not paying attention
- Alleging you failed to avoid the crash
- Highlighting minor traffic infractions on your part
- Asking leading questions during recorded statements
Never admit fault or speculate about the accident when speaking to insurance companies. Instead, consult an attorney who can communicate on your behalf and protect your legal position.
Protecting Yourself After a Car Accident
Here are a few steps you can take after a car accident in California to safeguard your case:
1. Call the Police
Get an official accident report to document the incident.
2. Take Photos and Gather Evidence
Capture vehicle damage, road conditions, traffic signs, and injuries.
3. Get Medical Attention
Immediate treatment helps establish a clear link between the accident and your injuries.
4. Avoid Admitting Fault
Be polite, but don’t apologize or speculate at the scene.
5. Consult a Car Accident Attorney
Get a professional opinion before accepting any settlement or giving a recorded statement.
How Holland & Holland Can Help
At Holland & Holland, we’ve been helping car accident victims in Orange County for over 40 years. We understand how comparative negligence works—and how to push back when insurers try to assign more blame than you deserve.
Here’s how we support your case:
- Investigate and gather critical evidence
- Work with accident reconstruction experts
- Challenge unfair fault determinations
- Negotiate aggressively with insurance companies
- Take your case to trial if necessary
We don’t just settle cases—we fight for full justice, every time.
FAQs – Comparative Negligence in California
Can I still sue if I was mostly at fault for the accident?
Yes. Under California’s pure comparative negligence law, you can still sue even if you were 90% or 99% at fault—but your compensation will be reduced by that percentage.
How do I know what percentage of fault I’ll be assigned?
Fault is determined based on evidence, police reports, and sometimes jury decisions. A skilled attorney can help influence this process and advocate for a fair assessment.
Will my insurance rates go up if I’m partially at fault?
It’s possible. Even partial fault can impact your premiums. However, an attorney can help you mitigate liability and limit long-term costs.
Can comparative negligence apply in multi-car accidents?
Yes. In accidents involving multiple vehicles, liability may be divided among several parties.
Speak With a Car Accident Attorney in Orange County Today
Don’t let insurance companies unfairly shift the blame onto you. If you’ve been injured in a car accident in Orange County and fault is being disputed, contact Holland & Holland today.
We’ll review your case, investigate the details, and fight for the full compensation you deserve even if you were partially at fault.
Call For A Free Consultation
(562) 694-3821