Car accidents in Los Angeles often involve complex circumstances. With heavy traffic, distracted drivers, and multiple vehicles on the road, it’s not uncommon for both drivers to share some responsibility for a collision. If you were partially at fault in an accident, you may wonder: “Do I still have the right to file a personal injury claim?”
The answer is yes. Under California law, even if you share some responsibility, you may still recover compensation for your injuries and damages. However, your settlement could be reduced based on your level of fault. Understanding how this works—and how to protect yourself against unfair blame—is critical to maximizing your recovery.
California’s Comparative Negligence Rule
California follows a pure comparative negligence system. This legal framework is designed to ensure fairness when more than one party is responsible for an accident. Here’s how it works:
- If you are found partially responsible, you can still pursue a personal injury claim.
- Your settlement amount is reduced by your percentage of fault.
- For example: If your damages total $100,000 but you are deemed 30% at fault, you would still be eligible to recover $70,000.
This rule is important because it prevents victims from being denied compensation entirely due to partial fault. Unlike some states that bar recovery if you’re more than 50% responsible, California allows you to recover even if you are 99% at fault—though your compensation will be reduced accordingly.
How Fault is Determined
The key to protecting your settlement is ensuring that your percentage of fault is accurately assessed. Fault determination isn’t always straightforward, and insurance companies often try to assign more blame to victims in order to reduce payouts.
Several factors go into determining fault:
- Accident reports – Police reports provide initial details about the scene, including statements from drivers, officers’ observations, and citations issued.
- Witness statements – Independent witnesses can provide unbiased accounts of how the accident occurred, which can carry weight in disputes.
- Accident reconstruction – In serious cases, experts may analyze skid marks, vehicle damage, and traffic camera footage to recreate the accident.
- Photos and videos – Images of the vehicles, injuries, and road conditions can provide powerful evidence of how the crash unfolded.
- Traffic laws – Violations such as speeding, distracted driving, or failing to yield often help establish liability.
Because fault allocation has a direct impact on how much compensation you receive, every percentage point matters. For example, reducing your fault from 40% to 20% could mean tens of thousands of dollars more in your settlement.
Why You Need an Attorney
When partial fault is in question, having an experienced Los Angeles personal injury attorney on your side is essential. Insurance adjusters are trained to minimize claims, and one of their most effective tactics is shifting blame onto you.
Here’s how an attorney helps protect your rights:
- Challenging exaggerated fault claims – If an insurance company tries to assign you more responsibility than you deserve, your lawyer can present evidence to push back.
- Gathering strong evidence – Attorneys know what documentation, experts, and witness testimony will best support your version of events.
- Negotiating fair settlements – A skilled lawyer understands how comparative negligence impacts claims and won’t let insurers undervalue your case.
- Litigating when necessary – If negotiations fail, your lawyer can take your case to trial, where a jury decides how fault should be divided.
Without legal representation, you risk being unfairly blamed and walking away with a settlement far below what you actually deserve.
Protecting Your Claim After the Accident
If you’ve been in an accident where fault may be shared, the steps you take immediately afterward can significantly influence the outcome of your claim:
- Avoid admitting fault at the scene. Even casual statements like “I didn’t see you” can be used against you later.
- Document everything. Take photos, collect witness information, and save all records related to your injuries and expenses.
- Seek medical care right away. Not only does this protect your health, but it also creates documentation of your injuries.
- Contact a lawyer quickly. The sooner you involve legal counsel, the sooner they can begin protecting your case and gathering evidence.
Final Thoughts
Being partially at fault for a car accident in Los Angeles doesn’t mean you have to walk away empty-handed. Thanks to California’s comparative negligence system, you may still recover significant compensation—as long as your percentage of fault is properly assessed and challenged.
By working with an experienced personal injury attorney, you can prevent insurance companies from overstating your responsibility, protect your rights, and secure the settlement you deserve.
Partially at fault? Call MYLAWCOMPANY.com today to protect your rights and get the compensation you deserve in Los Angeles.
