How California’s Comparative Negligence Law Affects Your Personal Injury Case

Posted in Personal Injury on February 23, 2025

Getting into an accident is already stressful, but figuring out who is at fault when you are partially responsible can often complicate your case. Thankfully, under California’s comparative negligence law, fault in an accident isn’t all-or-nothing. Even if you are partially to blame for the accident, you can still receive compensation for the damages you suffer. However, because of the complexities of these claims, it is crucial you work with a personal injury lawyer to help you navigate your case. 

Understanding how California’s comparative negligence law impacts your case can be critical to securing fair compensation. At Soofer Law Group, we’ve successfully handled countless personal injury cases where fault was disputed, achieving favorable outcomes even in complex situations. Our personalized approach ensures that we focus on minimizing your assigned fault percentage, maximizing your potential recovery, and standing by your side through every step of the process.

What Is Comparative Negligence in California?

California is one of only 12 states that practice pure comparative negligence. Pure comparative negligence laws allow anyone to file a personal injury claim regardless of their level of fault in an accident. In this case, you can be held 99% responsible for an accident and still file a personal injury claim for 1% of the damages you sustain. Your percentage of fault then determines the percentage of compensation you can receive. 

For example, if you are found to be 20% at fault in a car accident, and the determined compensation for the accident is $100,000, you can only receive 80% of that total, or $80,000. Because of this, it is essential you hire a personal injury lawyer to help minimize the degree of fault assigned to you and ensure you are receiving the fair compensation you deserve. 

Determining The Percentage of Fault in California Personal Injury Cases

According to California Code, CIV 1714, if you claim that the other person involved was partially responsible for your accident, you must prove that they were negligent and that their negligence contributed to your injuries. For negligence to occur, someone has to act in a way that fails to meet their duty of care to those around them. 

Four key factors must be met to prove fault in a personal injury claim: duty of care, breach of duty, causation, and damages. When you breach your duty of care to others, cause an accident because of that breach, and that accident causes injury to another person, you can be held liable. For example, you are legally required to operate your vehicle in a way that won’t cause harm to other vehicle drivers. If you run a red light and hit another car, you have breached your duty of care and may be held liable for the resulting damages.

Personal injury cases can get trickier when an accident has partial amounts of fault. Take the above example, but instead, the other vehicle involved in the accident was found to be speeding at the time you hit them. This can potentially make them partially at fault for the accident. You might only be assigned 90% fault by the court while the other driver is assigned 10% fault. In this case, you can still file a personal injury claim to receive 10% of the compensation awarded for the injuries you suffered. 

Soofer Law Group Can Help You Navigate Your Comparative Negligence Case

At Soofer Law Group, we understand how overwhelming it can feel to face a personal injury case, especially when fault is disputed. With our extensive experience handling cases involving California’s comparative negligence law, we are committed to building a strong case on your behalf. Our team thoroughly examines every element of your accident, from gathering critical evidence to consulting with experts to demonstrate the other party’s role in the accident while minimizing your percentage of fault.

We also take pride in negotiating with insurance companies and opposing counsel to secure fair settlements that reflect the true value of your damages. If a settlement cannot be reached, we are fully prepared to advocate for you in court, ensuring your side of the story is heard. Contact us today at (310) 861-4058 or fill out our contact form to schedule a free consultation.