One of the most common questions after a car accident is: “What if I was partly at fault?” In California, the answer is clear: you can still recover compensation even if you were mostly at fault. That’s because California follows a pure comparative negligence system, one of the most plaintiff-friendly rules in the country.

What Is Comparative Fault?

Comparative fault (also called comparative negligence) is the legal principle that reduces an injured plaintiff’s damages by their percentage of responsibility for the accident. Instead of an all-or-nothing system, California law ensures that even partially at-fault victims can still recover some compensation.

The foundation of this rule comes from California Civil Code § 1714(a), which provides that:

“Everyone is responsible… for an injury occasioned to another by his or her want of ordinary care.”

This statute underpins nearly all negligence claims in California.

How Comparative Fault Works in Real Cases

Unlike some states that bar recovery if a plaintiff is 50% or more at fault, California follows a pure comparative fault system. This means:

• Even if you are 90% at fault, you can still recover 10% of your damages.
• If you are 20% at fault, your damages are reduced by that 20%.

👉 Example: If your case is valued at $500,000 and you are found 40% at fault, you can still recover $300,000.

This system ensures plaintiffs are never completely shut out of recovery.

Evidence That Affects Fault Percentages

Insurance companies and juries determine fault percentages based on available evidence. The most persuasive forms include:

• Police reports: Not conclusive, but heavily relied on in negotiations.
• Witness statements: Neutral third parties carry weight with jurors.
• Accident reconstruction experts: Explain speed, braking, and reaction times.
• Surveillance or dashcam video: Provides objective proof of what happened.
• Medical records: Show how the injury connects to the incident.

⚠️ Practical Strategy: Insurance companies frequently exaggerate a plaintiff’s percentage of fault to reduce payouts. Collecting photographs, medical records, and witness testimony early on helps prevent unfair blame-shifting.

Comparative Fault in Pedestrian and Bicycle Accidents

Comparative fault often plays a significant role in pedestrian and bicycle cases.

• California Vehicle Code § 21950(b): Pedestrians must not suddenly step into the path of a vehicle.
• However, drivers still owe a duty of care to watch for pedestrians and cyclists.

👉 Case Example: A pedestrian ignores a “Don’t Walk” signal and is struck by a speeding driver. A jury might assign 60% fault to the pedestrian and 40% fault to the driver. If damages total $500,000, the pedestrian could still recover $200,000.

This balance ensures both sides share responsibility proportionally, rather than absolving one party entirely.

Jury Instructions on Comparative Fault

California juries are guided by CACI 405, which states:

“If you decide that [Plaintiff]’s negligence was a substantial factor in causing his/her harm, then you must decide how much responsibility [Plaintiff] and [Defendant] have for the harm.”

This jury instruction prevents all-or-nothing verdicts and ensures damages are divided based on actual responsibility.

Why Comparative Fault Helps Plaintiffs

California’s comparative fault system ultimately benefits plaintiffs because it ensures that no one is completely shut out of recovery. Even if an injured person is mostly at fault for an accident, they can still recover compensation for the portion of harm caused by others. The rule also encourages fair settlements, since defendants know that juries can divide responsibility and award partial damages. Most importantly, it reflects the reality that accidents are rarely caused by just one person, comparative fault allows for a more balanced and accurate determination of liability.

Practical Takeaways

Under California’s pure comparative fault system, injured victims can recover damages regardless of their percentage of fault. However, insurance companies frequently overstate fault in an effort to reduce payouts, so it’s important not to accept their determination without evidence. Preserving photographs, witness statements, and other documentation immediately after an accident can make a significant difference in minimizing unfair blame and maximizing the final recovery amount.

📞 Call The Injury Partners at 310-220-0066 today for a free consultation. We’ll fight to minimize your fault percentage and maximize your compensation under California’s comparative negligence law.