California Comparative Negligence — Can I Recover If I Was Partly at Fault?

California's fault rules are among the most plaintiff-favorable in the nation. Under pure comparative negligence, you can recover compensation even if you were substantially at fault for your own accident.

What Is Pure Comparative Negligence?

California Civil Code §1714 establishes that each party's damages are reduced by their percentage of fault — but are never completely eliminated (except at 100% fault). This contrasts with:

• Contributory negligence (used in a few states): any fault by the plaintiff = zero recovery
• Modified comparative negligence (most states): plaintiff cannot recover if more than 50% or 51% at fault
• Pure comparative negligence (California): plaintiff can recover even at 99% fault

Real-World Example

You run a yellow light and are T-boned by a drunk driver who was speeding. The jury finds: you 20% at fault (for the yellow light), drunk driver 80% at fault. Your damages: $200,000. Your recovery: $160,000 (80% of $200,000). In California, your 20% fault does not bar you from recovery — it simply reduces it.

How Insurance Companies Abuse Comparative Fault

Insurance adjusters are trained to inflate the victim's fault percentage to reduce payouts. Common tactics:

• Citing your speed as "excessive for conditions" based on your own statement
• Arguing you could have avoided the crash with better reaction time
• Using your recorded statement against you
• Interviewing witnesses selectively
• Citing your cell phone records (even if phone was not in use)

This is why never give a recorded statement before speaking with an attorney. Call Gonzales Law at 909-587-6336.

Special Situations in the IE

Freeway accidents: Fault assignment on I-10, I-15, and I-215 often involves complex lane change analysis, speed data, and black box evidence from trucks. Gonzales Law works with accident reconstruction experts.

Intersection accidents: Red-light camera footage, signal timing data, and skid mark analysis are critical. A Fontana, San Bernardino, or RC traffic engineer report can establish fault definitively.

Pedestrian accidents: Even if you were jaywalking, the driver likely bears the majority of fault under California's heightened duty to pedestrians.

Does Comparative Fault Affect My Attorney's Fees?

No. Gonzales Law works on contingency — we only get paid a percentage of what you actually recover. If comparative fault reduces your recovery, our fee reduces proportionally. You never pay more than you receive. Call 909-587-6336.