Understanding comparative negligence in California

When you’re injured in an accident in California, determining who is at fault is rarely straightforward. The state follows a pure comparative negligence rule, which means that fault can be shared among multiple parties — including you.

Under this system, your compensation is reduced by the percentage of fault assigned to you. For example, if you are awarded $100,000 but found to be 30% responsible for the accident, you would receive $70,000. Even if you were 90% at fault, you could still recover 10% of your damages.

This law impacts negotiations with insurance companies and court outcomes. Insurers often use comparative negligence to reduce payouts, so having a strong legal strategy is crucial. A skilled personal injury attorney can gather evidence, challenge exaggerated fault claims, and work to secure the maximum possible compensation for your injuries.