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If you’ve been injured in an accident in California, one of the first questions you might ask yourself is, “Was it my fault?” And if you believe you were even partly to blame, you may hesitate to take legal action—worried that filing a claim could be a waste of time.
But here’s what many people don’t realize: California law does not require you to be completely innocent to recover compensation. In fact, under California’s comparative negligence system, you can still file a personal injury lawsuit—and win—even if you were partially at fault.
Whether you were in a car crash where you were speeding, slipped and fell at a store where a warning sign was present, or were hit while jaywalking, you may still have a valid legal claim. The key is how California assigns fault and adjusts compensation based on each party’s share of responsibility.
When it comes to determining fault in an accident, California uses a system called pure comparative negligence. This legal standard is designed to account for the fact that accidents are rarely black and white—multiple people can share responsibility, and yet, injured victims still deserve the opportunity to recover compensation.
Under California’s pure comparative negligence rule, you can still recover damages even if you were partially—or even mostly—at fault for the accident. Unlike in some other states where being more than 50% at fault bars you from compensation, California allows recovery even if you’re found 99% at fault. Your compensation is simply reduced based on your percentage of responsibility.
Let’s say you’re injured in a car accident. A jury finds that your total damages (including medical bills, lost wages, and pain and suffering) amount to $100,000. However, they also determine that you were 30% at fault—maybe because you were speeding at the time of the crash.
Under California’s system, your compensation would be reduced by your share of the fault:
This rule ensures that you aren’t unfairly penalized for a mistake, especially when someone else’s negligence played a larger role in causing your injuries.
Speeding is often seen as contributing to an accident, but it doesn't automatically mean you're fully at fault. For example, if you were driving 10 mph over the speed limit and another driver ran a red light and hit you in the intersection, both actions may have contributed to the crash. A jury might find you 20% at fault and the other driver 80%, allowing you to still recover a large portion of your damages.
Jaywalking is technically illegal, but that doesn’t give a driver the right to hit you. If you crossed the street outside a crosswalk, but the driver was texting or failed to brake in time, they may be found primarily at fault. In this case, your compensation may be reduced, but you can still recover damages for your injuries.
Businesses have a legal duty to keep their premises safe. If you slipped on a wet floor that had a small or poorly placed warning sign, the property owner may still be held responsible—even if you weren’t paying close attention. A court might assign some percentage of fault to you, but if the warning was inadequate or the hazard wasn’t cleaned up promptly, you can still pursue a claim.
Not wearing a helmet doesn’t excuse a driver’s negligence. If you were hit while riding your bike or electric scooter and suffered head injuries, the defense might argue you contributed to your own harm. But if the driver cut you off or made an unsafe turn, their actions are still the primary cause of the accident, and you may be entitled to significant compensation—just with a reduction for the helmet issue.
To figure out who was responsible (and to what degree), strong evidence is essential. This includes:
In most personal injury cases, insurance adjusters will make the first attempt to assign fault—and not surprisingly, they often try to assign more of it to you to reduce what they have to pay.
If your case goes to trial, the jury will decide how the fault should be split, typically expressed as a percentage. For example:
From there, your total compensation would be reduced by your 20% share.
Even a small shift in fault—just 10 or 15%—can significantly affect your payout. For high-value claims involving serious injuries or long-term care, that difference can mean tens of thousands of dollars lost.
That’s why it’s so important to work with a skilled personal injury attorney who knows how to gather strong evidence and push back against unfair blame.
In the moments after a crash or injury, it’s natural to feel shaken—and even say things like, “I’m sorry” or “I should have been more careful.” But these offhand comments can later be twisted into an admission of fault, even if the other party was more to blame.
Let investigators, insurance adjusters, or your attorney determine what really happened. Stick to the facts when speaking with police, and avoid speculating or taking unnecessary blame.
Insurance adjusters are trained to protect their company’s bottom line. If they know or suspect that you were partially at fault, they may try to:
Do not give a recorded statement or sign anything without first consulting a personal injury attorney. Your words can be used to shift more blame onto you—and reduce your compensation.
If you’re physically able after the accident, take steps to preserve evidence:
Also, don’t skip medical treatment—even if you feel okay. Injuries can worsen over time, and a delay in care could harm both your health and your case.
Being involved in an accident is overwhelming enough—but believing you were partially at fault can make it even harder to know what to do next. The truth is, California’s comparative negligence system is designed to ensure that injured victims can still recover compensation, even when they share some responsibility.
Whether you were 10% or 70% at fault, you may still have a strong legal claim. Medical bills, lost income, and pain and suffering don’t disappear just because the accident wasn’t entirely someone else’s fault. Let a skilled attorney assess the facts before you decide not to take action.
The sooner you speak with a lawyer, the better your chances of preserving critical evidence, protecting your rights, and maximizing your recovery. Insurance companies act fast—you should too.
At Tim Wright Law, we help accident victims throughout Southern California—even those who share some of the blame—pursue the compensation they’re entitled to. We understand the nuances of comparative fault and know how to build strong cases that hold negligent parties accountable.
✅ Free Consultation – Learn where you stand and what your case may be worth
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📞 Call: (323) 379-9995
📍 Visit: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📧 Email: firm@timwrightlaw.com
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