Partly at fault? How shared fault works in a California injury claim

You may still have a claim

One of the most common reasons injured people don't call a lawyer is the worry that they were partly to blame. Maybe you were going a little fast, looked away for a moment, or didn't see a hazard in time. In California, that doesn't necessarily mean you can't recover.

California follows a rule called pure comparative fault. In general, an injured person's compensation is reduced by their own share of responsibility, but not eliminated. If a jury finds that you were 20 percent responsible for your injuries, for example, your damages would generally be reduced by 20 percent.

How fault gets decided

Fault is usually decided by looking at the evidence: witness accounts, photos and video, physical evidence, records, and sometimes expert analysis or reconstruction. In many cases, more than one person or company shares responsibility, such as a driver and an employer, or a property owner and a maintenance contractor.

Fault percentages are often negotiated before they are ever decided by a jury. That is why the evidence gathered early in a case matters so much.

How insurers use shared fault

Insurance adjusters know that shifting even a small share of blame onto the injured person reduces what they pay. Common tactics include asking leading questions in recorded statements, focusing on minor details, or suggesting that your injuries came from something else. Riders, pedestrians and cyclists are often blamed by reflex, even when the evidence points elsewhere.

• Recorded statements taken before you know the full facts
• Arguments that you should have seen or avoided the danger
• Claims that you failed to follow medical advice or waited too long for care
• Arguments that your injuries were pre-existing
• Social media posts taken out of context

Examples of how shared fault comes up

Shared fault arises in many kinds of serious injury cases, not just vehicle crashes. A property owner may argue that a visitor should have seen a hazard. A product maker may say the product was used the wrong way. A trucking company may claim another driver made a sudden move. In each situation, the real question is what the evidence shows about how the injury happened and who had the ability to prevent it. Careful investigation often reveals that the defendant's share of responsibility is much larger than its insurer first suggests, or that the injured person's share is small or nonexistent.

When multiple parties are responsible

When several parties share fault, how damages are divided among them can depend on the type of damages involved and the facts of the case. These rules can significantly affect how a claim is approached, which is one more reason to get advice before negotiating with insurers on your own.

Protecting yourself

• Don't admit fault or guess about what happened when speaking with insurers
• Get the names and contact information of witnesses
• Photograph the scene, conditions and your injuries as soon as you can
• Preserve video and records quickly, before they are overwritten or lost
• Get medical care promptly and follow through with treatment
• Avoid posting about the incident or your injuries online

A second look is free

It is also worth remembering that fault is not decided by the first adjuster who calls you, or by what someone said at the scene in a moment of shock. Apologizing or saying you are sorry is a natural human reaction, and it is not the same as accepting legal responsibility. What matters is the full set of facts, gathered carefully.

Many people who assume they were mostly at fault learn that the evidence tells a different story. Even when you do share some responsibility, you may still be entitled to meaningful compensation. If you were seriously injured, talk with a lawyer before deciding your claim isn't worth pursuing.

This article is general information about California law, not legal advice. Every situation is different, and reading it does not create an attorney-client relationship. For advice about your situation, talk with a lawyer.