Setareh Law
June 4, 2025
Personal injury accidents rarely present in black and white scenarios where fault lies entirely with one party. More commonly, both the injured person and the defendant share some degree of responsibility for what happened. If you’ve been injured in an accident where you might have contributed to your own injuries, you may worry that this disqualifies you from seeking compensation. In California, partial fault does not bar recovery—instead, it modifies the amount you can receive through a legal principle known as comparative negligence.
At Setareh Law, we regularly help clients navigate personal injury claims when fault isn’t clear-cut. Our attorneys understand California’s comparative negligence laws and work diligently to ensure your partial responsibility doesn’t unfairly diminish the compensation you receive. With strategic representation, you can still pursue a successful claim even when you share some fault for your injuries.
Understanding California’s Comparative Negligence System
California follows a “pure comparative negligence” system, which allows injured parties to recover damages regardless of their percentage of fault, even if they were more responsible than the defendant. This system differs significantly from states with “modified comparative negligence” or “contributory negligence” rules that might bar recovery entirely above certain fault thresholds.
How Comparative Negligence Works
Under California’s system, your compensation gets reduced by your percentage of responsibility. For example:
- If you suffer $100,000 in damages and are found 20% at fault, you can recover $80,000
- If you suffer $100,000 in damages and are found 60% at fault, you can still recover $40,000
- Even if you’re found 90% at fault, you can theoretically recover 10% of your damages
This approach ensures you receive compensation proportional to the other party’s responsibility, regardless of your own contributions to the accident. However, shared fault significantly complicates the claims process, as insurance companies use partial responsibility as leverage to minimize payments.
Handling a Claim When You Are Partially at Fault
In the aftermath of an accident, limit discussions about how the incident occurred, particularly with insurance adjusters. Even seemingly innocent statements like “I should have been more careful” can be interpreted as admissions of fault. Instead:
- Stick to factual information about what happened
- Avoid speculating about causes or accepting blame
- Defer detailed questions to your attorney
- Never sign statements about how the accident occurred without legal review
These precautions help prevent your words from being used to assign you a higher percentage of fault than appropriate. Remember that determinations of responsibility should come after a thorough investigation, not from off-the-cuff remarks at the scene.
How Setareh Law Can Help With Shared Fault Claims
Navigating a personal injury claim when you share responsibility requires experience with California’s comparative negligence principles. Our attorneys at Setareh Law can assist by:
- Conducting thorough investigations to identify all contributing factors
- Working with accident reconstruction specialists to establish accurate fault percentages
- Developing compelling arguments to minimize your share of responsibility
- Documenting the full extent of your damages to maximize compensation
- Negotiating effectively with insurance adjusters who try to exploit shared fault
- Representing you at trial if necessary to achieve a fair allocation of responsibility
Our approach focuses on presenting your case in the most favorable light while acknowledging realistic assessments of shared responsibility. We work to ensure your partial fault doesn’t result in unfair reductions to your compensation.
Contact a California Personal Injury Attorney Today
If you’ve been injured in an accident where you may share some responsibility, don’t let concerns about partial fault prevent you from seeking the compensation you deserve. At Setareh Law, we bring over 20 years of experience helping clients throughout California navigate complex shared fault scenarios. Our multilingual team provides personalized guidance to ensure you understand how comparative negligence affects your specific case.
Don’t let insurance companies use your partial responsibility to minimize your recovery unfairly. Contact us today at (310) 659-1826 or through our contact form to schedule a free consultation about your personal injury claim.
