Can You Make a Personal Injury Claim in California If You Are Partially at Fault?
Personal injury claims in California are often based on a legal concept known as negligence. In most cases, the injured party (the plaintiff) must prove that another party failed to exercise reasonable care under the circumstances and that this failure caused their injuries.
However, accidents are not always straightforward. Many incidents involve multiple contributing factors or several responsible parties, especially in complex situations such as multi-vehicle collisions. In these cases, both the plaintiff and the defendant may share some level of responsibility for what occurred.
Understanding how California law handles shared fault can help you when considering a personal injury claim.
How Fault Is Determined in California Personal Injury Cases
In many accidents, determining fault is not a simple matter of assigning responsibility to one person. Instead, a jury or judge may evaluate the actions of everyone involved to determine how much each party contributed to the accident.
Example of Shared Fault in a Car Accident
Consider a scenario where two drivers are involved in a crash:
- One driver was speeding, violating California’s Basic Speed Law, which contributed significantly to the collision.
- The other driver was holding a cell phone while driving, violating California’s no-touch phone law, which may have reduced their ability to react safely.
A jury might determine that:
- The speeding driver is 75% responsible for the crash
- The distracted driver is 25% responsible
In this type of situation, both parties may bear some responsibility for the accident.
California’s Pure Comparative Negligence Rule
California follows what is known as a pure comparative negligence system. Under this rule, a person can still recover damages in a personal injury claim even if they are partially responsible for the accident.
However, the total compensation they receive will be reduced by their percentage of fault.
How Compensation Is Reduced
For example:
- If a jury awards $100,000 in damages
- And the injured party is found 25% responsible
The injured party could still recover $75,000, which represents the damages reduced by their share of fault.
This system is very different from the older legal doctrine known as contributory negligence, which prevents a person from recovering any damages if they are even 1% at fault. Only a small number of states still follow that stricter rule.
California adopted the comparative negligence system after the California Supreme Court concluded that comparative fault is a more practical and fair approach that better promotes justice.
Additional guidance on how courts assign responsibility can be found in the Judicial Council of California Civil Jury Instructions, including CACI 405 and CACI 406, which address comparative fault and apportionment of responsibility.
Why Legal Guidance Matters in Comparative Fault Cases
When insurance companies investigate an accident, they may try to argue that the injured person was partially or entirely responsible for what happened. This can significantly impact the value of a claim. Having an advocate who is experienced in personal injury cases and is ready to fight for you can help you challenge attempts by insurance companies to unfairly shift blame.
How The Law Offices of Ali Taheripour Can Help
For more than two decades, The Law Offices of Ali Taheripour has represented injured individuals throughout California in a wide range of personal injury matters, including:
- Car accidents
- Premises liability claims
- Negligent security cases
- Wrongful death claims
The firm has extensive experience analyzing the relative responsibility of individuals, corporations, and public entities involved in accidents. Even if an insurance company claims that you were partially responsible, you may still have a valid claim under California law.
If you have questions about comparative negligence or believe you may have a personal injury case, contacting an experienced attorney can help you understand your rights and options.
Contact The Law Offices of Ali Taheripour today to discuss your situation and learn how California law may apply to your case.