Setareh Law
May 1, 2025
Many accident victims mistakenly believe that sharing some responsibility for their injuries disqualifies them from seeking compensation. This misconception leads people to abandon valid claims and shoulder financial burdens unnecessarily. The reality is that in California, you can still pursue compensation even if you were partially responsible for the accident that caused your injuries—though your degree of fault will affect the amount you may recover.
At Setareh Law, we regularly help clients navigate California’s comparative negligence system. Our experienced personal injury attorneys understand how to build strong cases that minimize your assigned percentage of fault and maximize your compensation. We work tirelessly to ensure that sharing some responsibility doesn’t prevent you from receiving the financial support you deserve after an injury.
Understanding California’s Pure Comparative Negligence System
California follows a “pure comparative negligence” approach to personal injury cases, which directly impacts your ability to recover damages when you share fault.
How Comparative Negligence Works
Under California’s system, your compensation is reduced by your percentage of fault, but you can recover damages regardless of how much responsibility you bear. This differs significantly from states with “modified comparative negligence” or “contributory negligence” rules that may bar recovery entirely if you exceed a certain percentage of fault.
For example, if your total damages amount to $100,000 and you’re found 30% responsible for the accident, you would still be eligible to receive $70,000. Even if you were 90% at fault, you could theoretically recover 10% of your damages.
This system ensures that accident victims can receive some compensation even when they contributed to their injuries, recognizing that fault in accidents is rarely black and white. Our attorneys use various strategies to minimize your assigned percentage of fault, directly increasing your potential recovery.
How Fault Percentages Are Determined
Determining fault percentages involves assessing each party’s actions leading up to the accident. Insurance adjusters, attorneys, and ultimately juries consider factors such as:
- Traffic law violations by each party
- Witness statements about the accident sequence
- Expert testimony from accident reconstruction specialists
- Video evidence when available
- Physical evidence from the accident scene
- Industry standards and expected behaviors
Insurance companies often attempt to assign you a higher percentage of fault than warranted to reduce their payout. Our legal team counters these tactics with thorough investigations and compelling evidence that presents a more accurate picture of liability.
Common Scenarios Where Shared Fault Arises
Certain accident types frequently involve shared responsibility, but this shouldn’t discourage you from pursuing a claim.
Intersection Accidents
Collisions at intersections often involve complex questions of right-of-way and driver attention. You might share some fault if you:
- Entered an intersection on a yellow light that turned red
- Failed to check thoroughly before proceeding on a green light
- Made a legal turn but misjudged oncoming traffic speed
However, the other driver may bear greater responsibility if they ran a red light, were speeding excessively, or were distracted at the time of impact. Our attorneys examine traffic signal timing, skid marks, and witness accounts to establish a fair fault distribution.
Pedestrian and Bicycle Accidents
Even if you were jaywalking or cycling outside a designated bike lane, you may still have a valid claim against a negligent driver. California law requires drivers to exercise due care to avoid collisions with pedestrians and cyclists, regardless of where they are on the roadway.
While your actions may reduce your compensation, the driver’s failure to maintain proper lookout or yield appropriately typically constitutes a larger share of fault. Our experience with these cases helps ensure your compensation reflects this reality.
Steps to Protect Your Claim When You Share Fault
If you believe you may have contributed to your accident, taking appropriate actions afterward becomes even more crucial.
Never Admit Fault at the Scene
In the aftermath of an accident, avoid making statements that could be interpreted as admitting fault. Common phrases to avoid include:
- “I’m sorry”
- “I didn’t see you”
- “I was distracted”
- “I should have been more careful”
These statements may be used against you later to assign a higher percentage of fault than warranted. Instead, stick to exchanging contact and insurance information without discussing who caused the accident.
Document Everything Thoroughly
Thorough documentation becomes especially important when fault is shared. Be sure to:
- Take photos of the accident scene from multiple angles
- Gather contact information from all witnesses
- Obtain the police report as soon as possible
- Keep detailed records of all medical treatment
- Preserve any physical evidence from the accident
This evidence helps our attorneys construct a timeline and accident narrative that minimizes your contribution to the collision while highlighting the other party’s greater negligence.
Contact Our Personal Injury Attorneys Today
If you’ve been injured in an accident where you may share some responsibility, don’t let this discourage you from seeking the compensation you deserve. At Setareh Law, our multilingual team has successfully represented countless clients in shared-fault scenarios throughout California. We understand the nuances of comparative negligence and know how to build cases that maximize your recovery despite partial fault.
Our attorneys have recovered millions for injured clients with a 98% success rate because we know how to effectively counter insurance company tactics that unfairly inflate your percentage of responsibility. Let us evaluate your case and explain your options for moving forward. Contact us today at (310) 659-1826 or through our contact form for a free consultation about your claim.
