What If the Crash Was Partly My Fault?
You can still have a claim
People call all the time and say, “I’m not sure I have a case. It was partly my fault.” Often it was not. But even when it was, that is usually not the end of the claim.
California follows a rule called comparative negligence. It means your recovery is reduced by your share of the fault, rather than wiped out by it.
How the math works
Say a jury decides your injuries are worth $100,000, and that you were 30 percent responsible for the crash. Your recovery is reduced by 30 percent, and you are entitled to $70,000.
California follows the pure version of the rule. Even a person who is mostly at fault can recover something for the share that was someone else’s. Not every state works this way. Some cut people off entirely past a certain point.
Why your percentage matters so much
Because every point of fault comes straight off your recovery, the percentage becomes one of the main things an insurer argues about. The adjuster has every reason to push your share up. Common arguments:
- You were speeding, even a little
- You were distracted, or could have been
- You could have braked sooner or swerved
- You were not wearing a seatbelt, which they will say made your injuries worse
- You were walking outside a crosswalk or riding a bike in a way they call unsafe
- You said “I’m sorry” at the scene
Some of these are fair points in some cases. Many are not. All of them are worth checking against the evidence before anyone accepts them.
Who decides the percentage
There is no formula. During negotiation, the percentage is whatever the two sides can be persuaded to accept. If the case goes to trial, a jury decides it.
That means evidence matters: the police report, photographs, the damage to each vehicle, video, witnesses, and sometimes an expert who can reconstruct the crash. An adjuster’s first assessment of fault is an opening position, not a finding.
What to do, and what not to do
- Do not admit fault, at the scene, to the other driver’s insurer, or on social media. You may not know the whole picture yet.
- Do not give a recorded statement to the other driver’s insurer. Read why you should decline.
- Preserve the evidence. Photographs, the names of witnesses, and the location of any cameras, as early as possible.
- Tell your lawyer the whole truth, including the parts you think were your fault. A lawyer who knows the weak spots can plan for them. One who finds out later cannot.
Talk to Boyd
If you think the crash might have been partly your fault, do not decide on your own that you have no claim. The consultation is free, it obligates you to nothing, and Boyd takes the call himself: (714) 656-2400.