Can I Still Recover Compensation If I Was Partially At Fault?

If you’ve been involved in an accident in California, you may wonder if you can still recover compensation if you were partially at fault. Under California’s pure comparative negligence system, you may be eligible to receive damages as long as your degree of fault does not equal 100%. 

This system allows us to assign a percentage of fault to each party involved in the accident, which in turn affects the amount of compensation you may be eligible to receive. Working with a Los Angeles personal injury lawyer could help you reduce your final level of fault and get you more compensation.

Understanding Pure Comparative Negligence in California

California follows a “pure comparative negligence” system, which allows injured parties to recover compensation even if they were partially responsible for their own injuries. 

Unlike some states that use a modified comparative negligence rule (which bars recovery if you’re more than 50% at fault), California permits recovery regardless of your percentage of fault—as long as you’re not 100% responsible.

The key principle of pure comparative negligence is proportional responsibility. This means your percentage of fault will reduce your compensation. For example:

• If you’re awarded $100,000 in damages but found 20% at fault, you’ll receive $80,000
  
• If you’re awarded $100,000 in damages but found 70% at fault, you’ll still receive $30,000

This system acknowledges that accidents are often complex events where multiple parties may share responsibility to varying degrees.

How Partial Fault Affects Your Compensation

When you’re partially at fault for an accident, your compensation will be directly impacted in proportion to your degree of responsibility. The court or insurance adjusters will determine fault percentages based on the evidence presented.

Several factors can influence this fault determination:

• Violation of traffic laws or safety regulations
  
• Actions that a reasonable person would consider careless under the circumstances
  
• Failure to take reasonable precautions to prevent injury
  
• Pre-existing conditions that may have contributed to the extent of injury

It’s important to note that the initial fault determination isn’t final. Effective legal representation can help challenge unfair fault claims and ensure your percentage of responsibility accurately reflects the circumstances of your accident.

Proving Liability When You Share Fault

Even when you’re partially at fault, establishing the other party’s liability remains crucial to your case. This requires presenting compelling evidence that demonstrates how their negligence contributed to your injuries.

Key evidence that can help establish liability includes:

• Police and accident reports documenting the circumstances
  
• Witness statements supporting your version of events
  
• Photographs or video of the accident scene and resulting damage
  
• Expert testimony from accident reconstructionists
  
• Medical records linking your injuries directly to the accident

When building your case, it’s important to address your own contribution to the accident honestly while emphasizing the other party’s greater degree of responsibility. This approach maintains your credibility while maximizing your potential recovery.

Common Scenarios Involving Shared Fault

Many accident cases involve some degree of shared responsibility. Understanding how comparative negligence applies to common scenarios can help you evaluate your own situation:

Auto accidents

In car accidents, partial fault might apply if you were speeding slightly while another driver ran a red light, or if you were momentarily distracted when another driver made an illegal turn. While you bear some responsibility, the other driver’s more significant traffic violation would likely result in them bearing a higher percentage of fault.

Slip and fall incidents

Property owners have a duty to maintain safe premises, but visitors must also exercise reasonable care. If you were texting while walking and tripped on a clearly visible obstacle, you might share fault.

However, if you were distracted but fell because of a hidden hazard the property owner should have addressed, your proportion of fault would likely be lower.

Product liability

Even if you used a product improperly, manufacturers still have a duty to anticipate reasonably foreseeable misuse and provide adequate warnings. Your compensation might be reduced for using the product incorrectly, but not eliminated if the product was inherently dangerous or lacked proper safety features.

Calculating Damages When You’re Partially Responsible

Recovering compensation when you are partially at fault follows a two-step process. First, the total value of your claim is determined based on:

• Medical expenses (past and future)
  
• Lost wages and diminished earning capacity
  
• Property damage
  
• Pain and suffering
  
• Emotional distress
  
• Loss of enjoyment of life

Once the total value is established, your compensation is reduced by your percentage of fault. This makes it essential to document your damages thoroughly and present compelling evidence of their full extent, as any reduction will be applied to the total amount.

Strategies to Minimize Your Percentage of Fault

Working with an experienced personal injury attorney can help reduce your assigned percentage of fault through several strategies:

• Conducting a thorough investigation to uncover additional evidence
  
• Consulting with expert witnesses who can provide professional opinions on liability
  
• Identifying all potentially liable parties who may share responsibility
  
• Challenging the other party’s characterization of your actions
  
• Emphasizing the other party’s greater duty of care when applicable

Seeking Legal Guidance for a Fair Outcome

If you’re concerned about how your partial fault might affect your ability to recover compensation, consulting with a knowledgeable personal injury attorney is crucial. An experienced lawyer from J&Y Law can:

• Evaluate the true merit of your case despite your partial fault
  
• Gather and preserve important evidence before it disappears
  
• Handle communications with insurance companies that might try to inflate your percentage of fault
  
• Accurately calculate the full value of your damages
  
• Negotiate effectively to maximize your recovery

You Can Recover Compensation Even If You’re Partially At Fault

Under California’s pure comparative negligence system, you can recover compensation even if you were partially at fault for your accident, as long as you weren’t 100% responsible. 

Your recovery will be reduced in proportion to your degree of fault, making it essential to work with an experienced attorney who can help minimize your percentage of responsibility and maximize your compensation.

Don’t let concerns about partial responsibility prevent you from seeking the compensation you need and deserve. Contact J&Y Law for a free consultation about your situation. We’ll explain your legal options and how we may be able to reduce your liability.