Can Both Parties Be at Fault in a California Accident?

Yes, both parties can be at fault for an accident in California. California uses a pure comparative fault system based on Li v. Yellow Cab Co.

Both drivers can be partially responsible for the same crash. Damages are divided based on each party’s percentage of fault.

This article will discuss the concept of comparative negligence for those who have been in an accident and believe both parties may be at fault.

Car crash cases involving shared fault are often contested by each driver’s insurance company. These cases may require legal representation to resolve fairly.

Call our experienced car accident lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident that was partially your fault. We can help you seek fair compensation for medical bills, lost wages, pain, suffering, wrongful death and more and we will charge you no legal fee until we win your case.

Key Takeaways

California’s pure comparative negligence system allows injured drivers to recover compensation even when they are partially at fault for an auto accident.
The compensation each driver is eligible to recover is reduced by their assigned percentage of fault.
Insurers initially assign fault percentages. Disputes are common in shared fault car accidents.
Evidence such as police reports, witness statements and traffic camera footage drives how fault is determined in personal injury cases.
A car accident lawyer can challenge an insurer’s assignment of fault and protect your right to recover compensation for your injuries.

Table of Contents

What Is Comparative Negligence?
What Is Pure Comparative Negligence in California Personal Injury Law?
How Is Fault Divided in a Shared Liability Car Accident?
Common Examples of Shared Fault Accidents
Who Is Each Driver’s Percentage of Fault Determined By?
How Shared Fault Affects Your Compensation
When to Contact a Car Accident Attorney
Frequently Asked Questions

What Is Comparative Negligence?

Comparative negligence is a legal principle which is used to determine fault as well as allocate damages in car wreck cases when more than one driver is to blame.

Your financial recovery is reduced by your percentage of fault if you are found partially responsible for your own traffic accident injuries.

Some states use a modified comparative negligence system which caps the ability to recover compensation based on specific thresholds. Some states, like Florida, bar recovery for those over 50 percent at fault. Other states, like Texas and Pennsylvania, bar recovery for those over 51 percent at fault.

Five states use a contributory negligence system rather than a comparative negligence system. Those who are found even one percent at fault for an accident are barred from recovering compensation in these states.

Other states, such as California, use what is known as a pure comparative negligence system.

What Is Pure Comparative Negligence in California Personal Injury Law?

Plaintiffs can recover damages from the other driver’s insurance company under California’s pure comparative negligence system even if they are found 99 percent at fault. Their recovery is simply reduced by their percentage of fault.

The rule applies to auto accidents involving multiple drivers, pedestrians, cyclists or other parties.

How Is Fault Divided in a Shared Liability Car Accident?

Fault is expressed as a percentage which is assigned to each party. The percentages must add up to 100 percent.

An example: Driver A runs a red light and is determined to be 70 percent at fault. Driver B was speeding and is found to be 30 percent at fault. Driver A is eligible to recover 30 percent of the damages they incurred. Driver B is eligible to recover 70 percent of the damages they incurred.

Multiple parties can simultaneously share fault. This includes third parties like government entities responsible for road defects.

Examples of situations that can lead to multiple parties sharing fault simultaneously include:

Driver error, such as speeding, distracted driving or failure to yield
Road or signal defects at an accident scene which contribute to a collision
Vehicle defects or mechanical failures

California Vehicle Code Section 21800 covers right-of-way rules which are cited frequently when insurance adjusters determine shared fault.

Common Examples of Shared Fault Accidents

Shared fault scenarios can occur in many types of accidents. Examples include:

Intersection Collisions with Mutual Violations

Driver A doesn’t yield while turning left. Driver B was speeding. Both parties involved contributed to the accident.

Rear-End Collisions with Sudden Stops

Driver A stops abruptly for no reason. Driver B was tailgating.

It is often presumed that the rear driver is at fault in a rear-end accident. However, evidence of an abrupt, unjustified stop can cause the front driver to share fault.

Merging Accidents

Driver A merges without signaling. Driver B was speeding in driver A’s blind spot.

CVC Section 22107 covers unsafe lane changes. It is cited routinely in disputes over these kinds of accidents.

DUI Accidents with Speeding Victims

The intoxicated driver will usually be determined to be primarily at fault.

However, this situation can turn into a shared liability case when the other motorist was also violating a traffic law.

Who Is Each Driver’s Percentage of Fault Determined By?

Insurance adjusters conduct the initial fault investigation. They assign percentages based on their review of evidence.

Evidence that is used to determine fault in a car accident involving shared liability may include:

Insurance companies initially assign percentages of fault based upon evidence such as witness statements, officer narratives and police reports.
Opportunity to avoid the accident is evaluated when fault is determined.
The position of vehicle damage may indicate shared contribution to an accident.
Investigators assess traffic law violations in order to determine liability in accidents. Surveillance footage from traffic cams and dashcams may reveal traffic law violations by both parties in an accident.
Physical evidence, like skid marks, can help determine fault.
Contested cases often involve accident reconstruction experts’ testimony.

In multi-vehicle accidents, one action may set off a chain reaction of liability.

Environmental factors may influence the degree of drivers’ responsibility in accidents.

Fault determinations in injury claims can be challenged. A lawyer can counter insurers’ assignments and retain independent experts.

Juries determine fault percentages when cases go to trial.

How Shared Fault Affects Your Compensation

When you seek compensation after an accident, the compensation you can recover is reduced, not eliminated, by your percentage of fault.

So, a driver who is found 20 percent at fault for an accident and incurs $100,000 in losses may be able to recover up to $80,000 from the other driver’s insurer.

If you or a loved one was injured or killed in a shared fault car accident, you may be able to pursue compensation for:

Past and future medical costs
Lost wages
Loss or reduction of earning capacity
Pain and suffering
Property damage
Wrongful death

Settlement values depend on injury severity, available insurance coverage, and evidence strength.

A lawyer can negotiate with an insurance company for you if you believe your own share of fault for an accident has been determined to be too high. It is recommended to have a free consultation and discuss your legal options with a car accident lawyer before you accept any settlement offer.

When to Contact a Car Accident Attorney

Call our experienced personal injury lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident which was partially your fault.

We can help you seek compensation for your injuries and we will charge you no legal fee until we win your case.

Call us today.

Frequently Asked Questions

Can I Still Recover Damages If I Was Partially at Fault in California?

Yes.

California’s pure comparative negligence system lets injured drivers recover damages when they share fault.

Your recovery will be reduced, not eliminated, by your percentage of fault.

What If the Other Driver and I Disagree on Who Was at Fault?

Disputes may be resolved through arbitration or litigation when insurers cannot agree over fault in a shared liability car accident.

Arbitration or litigation will see a judge or jury assign fault percentages based on the evidence that is presented.

Can a Pedestrian or Cyclist Share Fault for an Accident?