Does Sharing Fault in an Accident Mean I Can’t Receive Compensation?

Most car accidents aren’t black and white. Some are, like drunk driving crashes that clearly result from one party’s reckless behavior. But in most cases, multiple factors contribute, making it more complex to determine who is at fault.

When reviewing an accident and analyzing all the facts and details, you may discover that you were partially at fault. This can be worrying for some, as they believe it means they can’t receive compensation. Fortunately, that’s not the case.

In California, we use a system called comparative negligence to determine fault. Every party involved in the accident can receive compensation, but the amount is based on their percentage of fault.

How Does Comparative Negligence Work in California?

In some states, if you’re even slightly at fault for an accident, you may be barred from receiving any compensation. Thankfully, California’s laws are more lenient and fair. Fault isn’t an all-or-nothing concept here. The state assesses each party’s fault and reduces their compensation accordingly.

Let’s use an example. You’re rushing home because you’re late for work and end up in a car accident. You’re impatient, but not reckless, and you collide with a driver who was illegally passing into your lane.

Both of you are partially at fault, but the other driver’s actions were more egregious. After investigation, you are found to be 25% responsible. The other driver is 75% at fault. How does that affect your compensation?

If you were seeking $20,000 in damages, your award would be reduced by 25%, reflecting your share of fault. So, you would receive $15,000.

Even if you were partly to blame, you can still recover a large portion of your damages. On the other hand, if you were the other driver in this scenario—75% at fault—you could still recover 25% of your damages.

What Are the Requirements for Compensation?

To receive compensation, you must win your car accident lawsuit. These lawsuits hinge on four key elements, all of which must be proven:

  1. The other party owed you a duty of care. For example, drivers must operate their vehicles safely. Property owners must maintain safe conditions. If there was no duty, there is no liability.
  2. They breached that duty of care—by speeding, failing to secure a property, or another negligent act. The standard of care depends on the circumstances.
  3. The breach caused the accident. In other words, the negligent act must have directly led to the incident and your resulting injuries.
  4. You suffered damages from the accident. The injury must be directly linked to the accident—not caused by something else. That’s why it’s important to see a doctor right after a crash.

How Is Fault Determined?

Fault in a car accident is determined through evidence. Without evidence, each side may blame the other, but neither can prove it.

Medical records prove injuries. Accident photos reveal details like impact direction or speed. Expert testimony can offer professional insight into fault. Dashcam footage may clearly show what happened. Witness statements also provide unbiased accounts.

The more evidence you gather, the stronger your case becomes.

Should I Hire a Lawyer?

If you’ve been in a car accident or suffered serious injury, you should consult with a personal injury lawyer. They can investigate, identify the responsible parties, and build a strong case for compensation—even if the police report is not in your favor.

The Law Office of Daniel Deng has helped thousands of Chinese immigrants with car accident and catastrophic injury claims for over 26 years. We work with top experts and legal teams across the country. No recovery, no fee. Call us at (626) 280-6000 after an accident to discuss your claim.