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Understanding California’s Fault Laws in Car Accident Cases

Frank Penney • January 21, 2025
California Fault Law Comparative Negligence Rule Car Accident Crash Laws Insurance Help Attorney Bank on Frank Sacramento California
What is California Fault Law?
California is a “fault” state for car accidents. This means that the person who caused the accident is responsible for paying for the damages. If you’re hurt in a car accident, you can seek compensation from the at-fault driver, their insurance company, or by filing a lawsuit. Figuring out who is at fault is very important because it directly affects how much money you can recover for your injuries.

What is California’s Pure Comparative Negligence Rule?
California uses a rule called pure comparative negligence, which means you can still get compensation even if you were partly at fault for the accident. However, the amount you receive will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $10,000, you would get $8,000. This rule helps make sure everyone is responsible for their part in the accident.

How is Fault Decided in California Car Accidents?
Fault is usually determined by looking at evidence such as:

Police reports: These include the officer’s notes and witness statements.
Traffic laws: Breaking rules like speeding or running a red light can show fault.
Witnesses: People who saw the accident can help explain what happened.
Expert opinions: Specialists may investigate the crash to figure out what went wrong.

Insurance companies also investigate accidents, but they often try to save money. This is why having a lawyer on your side can help ensure fault is properly assigned and that you get the compensation you deserve. 

The information provided on this blog is for general informational purposes only and does not constitute legal advice. The content presented is not tailored to any specific case or set of facts and should not be relied upon as a substitute for professional legal counsel. Every personal injury case is unique and requires an individualized assessment by a qualified attorney.

We strongly encourage you to consult with a competent attorney to address your specific legal needs and circumstances. This blog makes no guarantees regarding the accuracy, completeness, or relevance of the information provided, and we disclaim any liability for actions taken or not taken based on the content herein.

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When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!


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