Accidents happen in an instant, leaving victims overwhelmed and unsure of their rights—especially if they believe they were at fault. Many assume that admitting even partial responsibility means not seeking compensation.
However, California law takes a different approach. Under accident liability laws, you may still have a case even if you contributed to the accident. With the help of a top-rated injury lawyer in Bakersfield, you can determine whether you qualify for compensation and how much your role in the accident might affect your claim.
Before assuming you have no case, consider how California’s negligence laws might work in your favor.
How Fault Is Determined in California Accidents
Fault in an accident is rarely straightforward. In many cases, multiple parties share responsibility. California follows the legal principle of comparative negligence, which means that even if you are partially at fault, you can still seek compensation. The key factor is how much responsibility you bear.
For example, if you were 30% at fault for a car crash but the other driver was 70% responsible, you could still recover 70% of your total damages. Comparative negligence in California evaluates each party’s duty of care, breach, and contribution to the accident to determine fault and adjust compensation.
The Impact of Comparative Negligence on Your Claim
Unlike some states that prevent victims from receiving compensation if they are more than 50% at fault, Comparative negligence in California allows you to recover damages no matter how much responsibility you bear. However, your compensation will be reduced by the percentage of your fault.
Insurance companies often try to shift blame onto accident victims to reduce payouts. They may argue that your actions significantly affected the accident, even if the other party was primarily responsible. This is why presenting clear evidence—such as accident reports, witness statements, or surveillance footage—is crucial in proving the true extent of fault.
Without a strong case, you risk receiving far less compensation than you may be entitled to or even having your claim denied altogether.
Examples of Comparative Negligence in Personal Injury Cases
Understanding how accident liability laws work can be easier with real-life examples. Here are some common scenarios:
- Car Accidents: You were speeding when another driver ran a red light and hit your car. Since you were violating a traffic law, you might be found 20% at fault, reducing your compensation by that percentage.
- Slip and Fall Accidents: You slipped on a wet floor in a grocery store but were distracted by your phone. The store may still be liable for failing to post a warning sign, but you might share partial fault for not noticing the hazard.
- Pedestrian Accidents: You crossed the street outside a designated crosswalk, but a speeding driver hit you. While jaywalking may contribute to the accident, the driver may still be primarily responsible.
These examples illustrate how fault is divided and how you may still have a valid claim even if you share some responsibility.
What to Do If You Were Partly at Fault for an Accident
If you suspect you were at fault in an accident, take the following steps to protect your legal rights:
- Do Not Admit Fault Immediately – Even if you think you contributed to the accident, do not admit blame at the scene. Investigations may reveal other factors that influenced the incident.
- Gather Evidence – Take photos of the scene, document witness statements, and collect any relevant information. This can help establish the full circumstances of the accident.
- Seek Medical Attention – Even if your injuries seem minor, getting checked by a doctor ensures your health and creates a medical record that can support your claim.
- Consult a Personal Injury Attorney – Our top-rated injury lawyer in Bakersfield can evaluate your case, negotiate with insurance companies, and ensure you receive fair compensation.
The Essential Need for Professional Representation
Navigating liability laws in California can be overwhelming, especially when dealing with personal injury claims while partially at fault. The legal process is complex, and victims may struggle to recover the compensation they deserve without proper guidance. Many people assume they cannot file a claim if they share responsibility, but this is not true.
Our top-rated injury lawyer in Bakersfield understands the nuances of comparative negligence and can build a strong case to ensure fair treatment. They can analyze the police report, collect evidence, and counter any attempts by the insurance company to minimize your payout.
Experienced accident lawyers know how to negotiate settlements that cover medical bills, lost wages, and emotional distress. Even if partial fault is assigned, legal representation can help maximize financial compensation and prevent victims from shouldering an unfair share of the blame. Seeking legal advice tailored to your situation is the best way to protect your rights.
You Still Have Rights—Know Your Legal Options
Determining fault in an accident can be complicated, and insurance companies often try to minimize payouts. If you were injured and are unsure of your legal options, we can help. Our legal team in Bakersfield has extensive experience handling accident liability laws and protecting the rights of injury victims.
We offer free consultations to assess your case and provide legal guidance. You may still be entitled to compensation even if you were partially at fault. Contact us today to discuss your case with an experienced attorney.
