Skip to main content

socalriderlaw.com

Rider Resources / Partial Fault in California

Can I Recover If I Was Partially at Fault in California?

California generally follows pure comparative fault in negligence claims. Learn what information may help you understand the issue and prepare useful questions.

Cars and motorcycles at an intersection illustrating shared roadway responsibility
Illustrative photography. Not an actual client or incident.

Super Lawyers · Rising Stars

Rising Stars recognition · 2022–2027

Aric Williams was selected to the California Rising Stars list for each of these years.

  • 2022
  • 2023
  • 2024
  • 2025
  • 2026
  • 2027

Selections to the California Rising Stars list for 2022–2027. Verify on Super Lawyers. Recognition does not guarantee results.

Attorney recognition

Multi-Million Dollar Advocates Forum

Aric N. Williams

California generally follows pure comparative fault in negligence claims. The guidance below introduces key considerations, useful documentation and questions that may require case-specific legal advice.

Shared responsibility does not always bar recovery

Under California’s comparative-fault framework, an injured person may recover even when partly responsible; damages generally reflect the percentage attributed to others.

Percentages are fact-dependent

An allocation of responsibility may turn on witness accounts, traffic rules, speeds, signal phases, road markings and the sequence of events.

Do not decide fault from one detail

A disputed lane change or a statement at the scene does not alone establish the entire allocation of fault. Keep evidence that allows the complete event to be reconstructed.

Deadlines and exceptions still matter

Comparative fault is only one issue. Filing deadlines, the identity of a defendant and special notice rules can affect a claim.

Quick reference

Records worth keeping

  • Police or incident reports
  • Clear intersection and lane photographs
  • Dashcam or nearby video if available
  • Insurance correspondence and witness details
A common question

If I was 20% responsible, can I still have a claim?

Potentially. In a negligence case, an award may be reduced by the share of fault assigned to you; the facts and legal exceptions matter.

Discuss Your Situation

This page is general information, not legal advice. Results depend on individual circumstances. Sending an inquiry does not establish an attorney-client relationship. Consult qualified legal counsel about deadlines and your situation.

Talk through your options

Need clarity after an accident?

Every injury claim depends on its facts, available evidence, and insurance circumstances. Contact our office to discuss the case-review process. Please avoid sharing confidential information before representation is confirmed.