If you’ve been in a car accident in Los Angeles and believe you’re partially at fault, you may still have legal options. California follows a comparative negligence rule, meaning you can recover damages even if you share some blame, but your compensation may be reduced based on your percentage of fault.
Navigating these laws can be complex, especially when dealing with insurance companies. Consulting an experienced Los Angeles personal injury lawyer can help you understand your rights and maximize your potential claim. They can assess the details of your case and fight for fair compensation.
Don’t assume you’re ineligible for compensation just because you bear some responsibility. Let’s explore how partial fault impacts your claim and what steps you can take next.
Understanding Comparative Negligence in California
California operates under a pure comparative negligence system, as outlined in California Civil Code Section 1714. This means that each party involved in a car accident can be assigned a percentage of fault, and damages are awarded accordingly. Even if you’re found to be 99% at fault, you are still legally allowed to recover the remaining 1% in damages.
This rule is fundamental in multi-vehicle collisions or situations where liability is unclear. Instead of being barred from compensation entirely, your payout is simply reduced by your degree of responsibility.
For example, if you are awarded $100,000 in damages but are found 30% at fault, you would receive $70,000. The other 30% reflects the portion of the accident attributed to your actions.
How Fault Is Determined
Determining fault in a car accident is not always straightforward. Insurance adjusters, police reports, witness statements, and sometimes expert testimony are all used to determine who is at fault and to what extent.
Some common factors that influence fault include:
- Traffic violations (e.g., speeding, running a red light)
- Distracted driving (e.g., texting while driving)
- Driving under the influence
- Failure to yield
- Weather or road conditions
In many cases, both drivers may have contributed to the accident. For instance, one driver may have been speeding while the other failed to signal before changing lanes. In such situations, the insurance companies and legal teams will work to assign fault percentages accordingly.
Steps to Take If You’re Partially at Fault
If you believe you may share some responsibility for the accident, taking the right steps early on is crucial. These actions can protect your legal rights and strengthen your claim:
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Document the scene
Take clear photos of vehicle damage, road conditions, traffic signs, and any injuries. Visual evidence can help paint an accurate picture of what happened.
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Get a copy of the police report
Police reports often include an initial assessment of fault and are considered valuable documentation during claims and legal proceedings.
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Avoid admitting fault
Be careful with your words when speaking to the other party or insurance adjusters. Even a casual apology can be misconstrued as an admission of liability.
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Seek medical attention
Even if injuries seem minor, getting a medical evaluation can both safeguard your health and provide documentation needed for a claim.
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Report the accident to your insurer
Timely reporting is often required under your policy. However, stick to the facts and avoid speculation about who was at fault.
Insurance Company Tactics and Your Rights
Insurance companies often attempt to minimize payouts by shifting more blame onto you. They may downplay your injuries or argue that your actions were the primary cause of the crash.
Under California law, you have the right to contest these determinations. You’re not obligated to accept the first settlement offer, especially if it doesn’t reflect the full extent of your losses. Keep in mind that insurance adjusters are not neutral—they represent their company’s interests.
Gathering strong evidence and, when necessary, enlisting expert witnesses like accident reconstructionists can help counteract unfair fault assignments and support your claim.
Damages You May Still Recover
Even if partially at fault, you may be eligible to recover compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
Your percentage of fault will reduce the total amount, but it does not eliminate your right to recover altogether.
Final Thoughts on Filing a Claim When Partially at Fault
Being partially at fault for a car accident in Los Angeles does not mean you lose your right to compensation. Thanks to California’s pure comparative negligence laws, you can still pursue a claim and recover damages, even if you share a significant portion of the blame.
Understanding how fault is determined and what steps to take after the accident can make a meaningful difference in the outcome of your case. By gathering evidence, avoiding early admissions of fault, and knowing your legal rights, you can protect your interests and improve your chances of a fair settlement.
Always remember: fault is not always black and white. Each case has unique details, and your level of responsibility doesn’t automatically disqualify you from seeking justice.
