Comparative Fault in California: Can I Sue If I Was Partly at Fault?

California follows a pure comparative negligence rule (Civil Code § 1714). This means you can sue and recover damages even if you were mostly at fault for an accident — your compensation is simply reduced in proportion to your share of blame.

How Pure Comparative Negligence Works

Example: You are in a car accident and a jury finds you were 30% at fault (perhaps you were slightly speeding) and the other driver was 70% at fault. If your total damages are $100,000, you recover $70,000 — your damages minus your 30% share of fault.

This is more plaintiff-friendly than the majority of states, which use "modified comparative negligence" and bar recovery if you are 50% or 51% or more at fault.

How Fault Is Determined

Fault is assigned by examining evidence including the police report, witness statements, traffic camera or dashcam footage, accident reconstruction analysis, and applicable traffic laws. Insurance adjusters make initial fault determinations, but these can be disputed. If your case goes to trial, a jury assigns fault percentages.

Tactics Insurers Use Around Comparative Fault

Insurers often try to inflate your percentage of fault to reduce what they owe. Watch for adjusters asking leading questions about your speed, whether you were distracted, or whether you could have avoided the accident. You are not required to speculate. Stick to what you observed, and consult an attorney before giving a recorded statement. Our car accident guide covers what to say (and not say) to insurance adjusters.

Frequently Asked Questions

What if I was 50% at fault in California?

You can still recover. Under California's pure comparative negligence rule, being 50% at fault means your damages are reduced by 50% — you are not barred from recovery as you would be in many other states.

Can the other driver also sue me if I was partly at fault?

Yes. Comparative fault works in both directions. If you were 30% at fault, the other driver can potentially recover 30% of their damages from you (or your insurer).

Does comparative fault apply to slip and fall cases?

Yes. Comparative negligence applies to all California personal injury cases, including slip and fall, bicycle accidents, dog bites, and premises liability claims.