What is “comparative fault” and can I still recover compensation if I was partially at fault?

Yes. California follows a pure comparative fault system (also called pure comparative negligence), which means you can recover compensation even if you were partially at fault for the accident. Your total award is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 and you are found 30% at fault, you would recover $70,000. Even if you were 99% at fault, you could still recover 1% of your damages.

Insurance companies often try to exaggerate your share of fault to reduce what they owe you. An experienced attorney can fight back against these tactics. Learn more on our California comparative fault page.