Many people assume that if they were partly at fault for an accident, they cannot recover anything. In California, that is not the case. This article explains the rule in general terms and is not legal advice.

Pure comparative negligence

California follows a pure comparative negligence rule, established in the landmark case Li v. Yellow Cab Co. (1975). Under this rule, an injured person can recover compensation even if they were mostly at fault — their recovery is simply reduced by their percentage of responsibility.

If you are found 30% at fault and your damages are $100,000, you may still recover $70,000.

Insurance companies often try to assign as much fault as possible to the injured person to reduce what they pay. A careful investigation — including witness statements and accident reconstruction — can help establish what actually happened.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change. Consult a qualified California attorney for advice on your specific situation.