California Comparative Negligence: How Shared Fault Affects Your Claim
California lets you recover even if you were partly at fault, but your compensation is reduced. See how pure comparative negligence works with examples.
After a crash, the other side often argues that you were partly to blame. In California, that argument can lower your compensation, but it does not automatically end your claim. California follows a rule called pure comparative negligence.
What pure comparative negligence means
Each person involved is assigned a percentage of fault. Your damages are then reduced by your own percentage. California adopted this approach in the 1975 California Supreme Court decision Li v. Yellow Cab Co., and it is why you can still recover even if you were mostly at fault.
An example
| Total damages | Your share of fault | What you could recover |
|---|---|---|
| $100,000 | 0% | $100,000 |
| $100,000 | 30% | $70,000 |
| $100,000 | 60% | $40,000 |
The numbers above are illustrations only. Real outcomes depend on the evidence, the insurance available and how an insurer or jury sees the facts.
How California compares with other states
Many states use a "modified" rule that bars recovery once you are 50% or 51% at fault. Texas and Illinois, for example, cut off recovery when you are more than 50% responsible. California has no such cutoff, which can matter a great deal if fault is disputed.
How fault is decided
- Police report and officer findings
- Photos and video of the scene, vehicles and road conditions
- Witness statements
- Traffic laws that were broken, such as speeding or running a signal
- Vehicle damage patterns and, in some cases, data from the cars
- Cell phone use or other distractions
Protecting your claim when fault is disputed
- Do not admit fault at the scene or guess about what happened.
- Collect evidence early: photos, witness names, the police report number.
- Get medical care and keep records of every visit.
- Be careful with recorded statements to the other driver's insurer.
- Remember the deadline: most California injury lawsuits must be filed within two years. Claims against government have a much shorter written-claim deadline.
Frequently asked questions
Can I recover in California if I was more than 50% at fault?
Yes. Under pure comparative negligence your compensation is reduced by your percentage of fault, but you are not barred from recovering.
Who decides what percentage of fault I have?
Insurers assign percentages during negotiation, and a jury decides if the case goes to trial.
Does sharing fault change the deadline to sue?
No. The general two-year deadline for personal injury lawsuits still applies.