In a California personal injury case, the term comparative fault means:
- You, the person that’s injured, share some responsibility for the accident.
Comparative fault doesn’t mean you can’t file a claim, but it does factor into the result. Under California’s comparative fault system, your “damages” are reduced by your percentage of fault. For example, if you’re found to be 10% at fault for what happened, your damages will be reduced by 10%.
What Are Some Examples of Comparative Fault?
There’s a lot of different things that can go wrong in a typical accident in California. But unfortunately, your own actions–or inactions–can also play a role in what happened. Again, the important thing to know is that comparative fault doesn’t keep you from filing a claim. With that said, because it’s going to factor into the result, it’s helpful to look at how exactly an insurance company might argue that you shared fault in the accident:
- You get rear-ended at an intersection, but you glanced down at your phone and didn’t see the light change.
- You slipped and fell on a spill that wasn’t cleaned up at the grocery store, but you were running to catch your child that was walking near a display of heavy produce.
- You’re walking across a crosswalk but texting on your phone, and a driver hits you who was running a red light.
- You’re riding your bike without a helmet and get hit by a car that ran a stop sign.
After an accident, you have enough stress and pain to deal with. Trying to also understand comparative fault can be confusing. That’s where having the right guidance makes a real difference.
Let Maison Law Help You Through an Accident Claim in California
When you’re hurt in an accident and the situation is complicated, it can feel even more overwhelming than normal. California’s comparative fault rules mean that if you played a role in what happened, it could affect how much you’re able to recover—but it doesn’t mean your case is over. At Maison Law, we can help you by:
- Explaining your options in plain, everyday language
- Figuring out who was at fault and how responsibility might be divided
- Gathering and organizing the evidence you need
- Handling conversations with insurance companies, and not letting them blame you for what happened.
- Taking the pressure off so you can focus on getting better
Even if you share some responsibility, you still have choices. We’re here to guide you through every step and make sure your case is handled fairly. Set up a free consultation today.
