What If I am Partially at Fault for an Auto Accident?

If you are partially at fault for an auto accident, California law will allow you to sue and recover damages, though your total recovery will be hampered somewhat by the degree of your fault contribution. To better understand how this system works, let’s briefly explore the context of damage recovery and fault issues and the details of how a court will evaluate your particular case.

Many plaintiffs who are injured in auto accident scenarios — in the state of California and elsewhere — worry that their ability to recover damages will be impacted by their own contribution of fault. This is not an unreasonable concern. After all, a rather substantial number of states throughout the country apply the doctrine of contributory fault, which essentially prohibits the recovery of damage compensation for one’s injuries if one is found partially at fault for the losses. In other states, the doctrine of modified comparative fault applies, which prohibits the recovery of damage compensation for one’s injuries if one is found at least 50 percent at-fault for their own losses.

Fortunately, California abolished the doctrine of contributory fault and implemented the doctrine of “pure” comparative fault. In accordance with pure comparative fault principles, the plaintiff is empowered to sue and recover damages even if they are 99 percent at fault for the losses at-issue — so long as a given defendant’s negligence, recklessness, or intentional misconduct substantially contributed to the plaintiff’s injuries, the plaintiff is permitted to seek damages proportional to each party’s respective fault contributions.

Confusing? We’ll clarify with a quick example.

Imagine that you are injured in a car accident on the highway. The defendant was driving while intoxicated and swerved into your lane suddenly, causing you to rear-end his vehicle. Now, the facts of the case are a bit complicated, as you were not entirely without fault — at the time of the accident, you were speeding in your lane. Because of your high speed, you did not have enough time to stop before the collision occurred.

The court handling your case will consider all the facts (and the supporting testimony of various eyewitnesses and experts) in determining each party’s contribution of fault. This fault percentage determination will lead to the division of the damages (say, $200,000). Suppose that the court determines that you are 50 percent at fault, and that the defendant-driver is 50 percent at fault. As California is a pure comparative fault state, you would be entitled to 50 percent of the total damages, or $100,000 in this case.

Though pure comparative fault may be favorable to plaintiffs in that it allows for a recovery in complex accident scenarios, it can lead to insufficient compensation if the defendant convinces the court to assess a greater portion of the fault onto the plaintiff. As such, effective representation in the auto accident context must relentlessly avoid the implication of fault on the plaintiff.