Can I Still Recover if I Was Partly at Fault?
Yes. California follows what is known as pure comparative fault, a rule the state’s Supreme Court adopted in the 1975 case Li v. Yellow Cab Co. Under the jury instructions that guide California courts on this issue, a jury assigns a percentage of fault to each party involved, and an injured person’s damages are reduced by their own share of fault rather than eliminated by it entirely. That ruling replaced an older, harsher rule under which any fault at all could wipe out a claim completely.
How Does the Math Actually Work?
If a jury awards $100,000 in damages and finds you 20 percent at fault, you recover $80,000. If you were found 60 percent at fault, you would still recover $40,000. There is no cutoff percentage that wipes out a claim completely, which sets California apart from states that bar recovery once a plaintiff crosses a set threshold of fault. Even a plaintiff found 90 percent at fault can still recover the remaining 10 percent of their damages.
What Kinds of Evidence Affect a Fault Determination?
Because fault percentages are often negotiated well before a case reaches a jury, the evidence gathered early tends to shape the outcome more than anything argued later. Insurers commonly look at:
- Police reports and any citations issued at the scene
- Witness statements about what each party did
- Physical evidence like skid marks or vehicle damage
- Video footage from traffic or security cameras
A San Jose personal injury lawyer typically works to gather this evidence before an insurer has settled on a fault narrative that favors the other side, since that early narrative can be difficult to unwind later in negotiations.
Why Do Insurers Often Overstate a Claimant’s Fault?
Assigning a higher percentage of fault to the injured person is one of the simplest ways an insurer can justify a lower settlement offer. The team at Mitchell & Danoff Law Firm, Inc reviews these fault assessments closely, since an inflated percentage can significantly reduce what a claim is worth if it goes unchallenged. A ten-point difference in the assigned fault percentage can mean tens of thousands of dollars in a serious injury case.
What Should I Do if an Insurer Blames Me?
Being told you share some fault does not mean the case is over, and it certainly does not mean accepting the insurer’s number is the only option. A San Jose personal injury lawyer can review the evidence and push back on a fault percentage that does not match what actually happened, since adjusters routinely start high and expect a counter.
If an insurer has assigned you a share of the blame for your accident, reach out to our office to talk through the evidence in your case and what a fair fault percentage might actually look like.