Personal injury laws vary considerably from state to state, with some requiring claimants to show that they did not share fault while others allow claims to move forward only when the plaintiff is less than 50% at fault for the accident that caused their injury. If you suffered a lesiones personales en California, quizá te estés preguntando: “Can I sue if I was partially at fault for my accident?"

Understanding California’s Pure Comparative Fault Framework

Había 17,809 people injured or fatally injured on Orange County’s roads in 2023, and those colisiones de vehículos often involve disputes over liability and fault. California follows a unique legal framework for establishing liability after a car accident. The state’s pure comparative negligence rule allows car collision victims to pursue compensation even when they share liability.

A driver or passenger who shares liability for a collision can seek compensation even when they are mostly at fault for causing a crash. Common examples of reasons why someone would share liability could include:

  • Speeding or driving too fast for road conditions
  • Distracted driving, such as texting or using a phone
  • Failing to yield the right of way
  • Running a red light or stop sign
  • Unsafe lane changes or improper merging
  • Conducir bajo los efectos del alcohol o las drogas
  • Following too closely behind another vehicle
  • Failing to signal before turning or changing lanes

Distracted driving is a common cause of collisions, and multiple parties may be found to have been engaging in activities other than driving at the time of the collision. In 2024, distracted drivers caused 3,208 fatalities and 315,167 injuries. Anyone found to be texting, messaging, eating while driving, or engaging in similar activities could be held liable for a car crash.

How Is Fault Apportioned?

In California, fault is apportioned by assigning a percentage of responsibility to each party involved in a collision. Insurance adjusters, attorneys, and other parties may evaluate evidence from police reports, witness statements, and accident reconstruction findings to determine how liability should be divided.

Each party’s compensation is then reduced by their share of fault. For example, if a driver is found to be 40% responsible for a collision, their recovery would be reduced by that percentage of fault. A $50,000 settlement would then lead to a $30,000 settlement or court verdict. Under this framework, someone who suffers a personal injury could still recover damages even when they bear significant responsibility.

How Can I Protect My Claim to Compensation?

Había 886,644 civil claims filed in California in fiscal year 2024, and a successful injury claim requires clear and compelling evidence showing that another driver caused a collision that caused bodily harm to others. Whether your injury happened in Lido Isle, Floral Park, Turtle Rock, or another neighborhood in California, you can protect your claim by gathering evidence that shows the other party is fully or largely at fault for a collision.

Accident reports, medical records, photographs of the accident scene, and other forms of documentation can provide you with the evidence you need to clearly establish fault and liability.

Read What Clients Have Shared

Easton & Easton is proud of the feedback we have received.

“I got rear ended at the worst possible time — I had just got out of the hospital after blowing out my knee in the biggest football game I ever played when I was rear ended by car that pushed another car into mine. It seemed like such a lound impact but I thought I might be okay at first. That turned out to be way off because my body just felt like I was run over by a dump truck when I woke up the next day. Right after the crahs, I didn’t feel to badly but as the first couple days went, I got worse and worse. Even though I was going to the chiropracter, I just wasn’t getting better.

Thankfully my attorneys Aaron Sinfield and John S. Oney IV stepped in. They made sure the other driver had to pay for what happened to me and even helped get my truck out of impound so it would stop racking up storage fees. They handled everything when the insurance company wouldn’t.” Jude O.

“¡Easton & Easton es genial! Son muy profesionales, es fácil trabajar con ellos y están en una ubicación ideal. Todas las personas que conozco que han contratado a este bufete para un caso de lesiones personales han quedado satisfechas con los resultados. Yesenia siempre es muy atenta y servicial. Se nota que tiene muchos años de experiencia en el ámbito de las lesiones personales”.” Nicole S. 

***Los testimonios de los clientes reflejan experiencias individuales y no garantizan un resultado similar.

Por qué debe contratar a un abogado de accidentes de tráfico

When complex accidents potentially jeopardize your claim to fair compensation, your top priority should be to hire a car accident attorney. With representation from an experienced California car accident attorney, you benefit from their years of experience managing complex car accident cases and their deep knowledge of leyes sobre accidentes de tráfico.

La abogados galardonados of Easton & Easton can provide you with the steadfast support that your case deserves. We have reclaimed more than $2 billion for our clients through focused settlements and strategic litigation. We understand the challenges that high earners face after a personal injury, and we are not afraid to take a case to court or trial when needed.

*Los resultados anteriores no garantizan un resultado similar. Cada caso es diferente y debe evaluarse según sus propias circunstancias.

Preguntas frecuentes

Can You Recover Compensation if You Are Partially at Fault in California?

Yes, California follows a pure comparative negligence rule, which allows injured parties to recover compensation even if they share fault for an accident. Your recovery is reduced by your percentage of responsibility. For example, if you are 30% at fault, your total compensation would be reduced by 30%, whether you have a settlement or court verdict.

How Does Comparative Fault Affect a Car Accident Claim?

Comparative fault reduces the amount of compensation you can recover based on your share of responsibility for the accident. Insurance companies assign percentages of fault after reviewing evidence. If you are partially responsible, your damages are reduced proportionally. This makes strong evidence important, as a higher fault percentage means a lower overall financial recovery amount.

¿Cómo se calculan los daños y perjuicios en California?

Pain and suffering damages are calculated using methods that estimate the impact of injuries on your daily life. Common approaches include the multiplier method, which applies a number to your economic damages, and the per diem method, assigning a daily value. The severity of injuries and recovery time both influence the final amount awarded through a settlement or court verdict.

What Factors Affect the Value of a Car Accident Claim?

Several factors influence the value of a car accident claim, including the severity of injuries, medical expenses, lost income, and long-term effects of the injury. Liability also plays a major role, as shared fault can reduce compensation. The strength of evidence, insurance coverage limits, and the impact on your quality of life all contribute to the overall claim value.

¿Ha sufrido lesiones en un accidente automovilístico? Póngase en contacto con Easton & Easton hoy mismo

A car wreck in California can lead to financial hardships that compound an already difficult situation. When you work with the award-winning injury lawyers at Easton & Easton, you gain the support of a legal team that cares about your case and making sure that you are financially restored. We routinely work with high-earning clients, so we understand what it takes to account for lost wages and missed opportunities at work.

To date, we have helped our client reclaim more than $2 billion through strategic negotiations and litigation. Our track record of success has led to numerous recognitions by peer-reviewed groups like Super Lawyers. Don’t risk your financial future on unproven representation. Our legal team is standing by to provide you with the support your case deserves. Póngase en contacto con nuestra oficina para programar su consulta.