Abramson Smith Waldsmith LLP
Treating California’s Injured With Dignity And Respect

How can partial fault impact your car accident claim?

On Behalf of | Sep 29, 2025 | Car Accidents

Getting into a car accident can lead to serious property damage, medical bills and other losses. If your accident claim is successful, you may be entitled to compensation for your damages through the other driver’s insurance. However, the other driver may claim that you were responsible for the accident. This could happen if you were speeding or distracted during an accident.  

Being partially at fault for a car accident could potentially affect how much you receive from a car accident claim. You may still be entitled to some compensation under California’s pure comparative negligence laws. Here is what you should know:

What is pure comparative negligence?

Pure comparative negligence means that you could still be entitled to compensation for an accident even if you are 99% at fault. However, the amount of compensation you can recover may be reduced by your percentage of fault.

In other words, if you were 20% at fault for an accident, you may still be entitled to 80% of the compensation. This compensation could be used for vehicle repairs, medical bills and other financial losses.

How can you reduce fault?

Courts may consider several factors before determining each party’s percentage of fault. Having strong evidence to support a claim can reduce the percentage of fault. Some evidence that could benefit your claim can include video evidence, eye witness statements and reconstruction specialists. 

When filing a car accident claim, it is important to reduce your percentage of fault to recover maximum damages. You can seek professional legal guidance to help you recover from your losses.