Car accidents are a daily reality in Southern California, with congested freeways, distracted drivers, and complex traffic laws often contributing to serious collisions. For victims seeking justice and compensation, understanding how fault is determined can be the difference between winning and losing a case. One of the most important legal principles in California auto accident claims is "comparative fault." If you’ve been injured in a car crash, knowing how comparative fault laws work is crucial to protecting your rights and securing the compensation you deserve.
At Arshakyan Law Firm, our experienced Los Angeles attorneys specialize in personal injury cases, including car accidents involving shared fault. Whether your accident occurred on the 405 Freeway, the streets of Glendale, or anywhere else in Southern California, we are here to help. This article will explain how comparative fault impacts car accident claims, who can still recover damages, and how our legal team can advocate for you.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal doctrine that allows for the apportionment of fault among multiple parties involved in an accident. In simple terms, it means that more than one person can be held responsible for a car crash, and any compensation awarded will be reduced according to the degree of fault assigned to each party.
California follows a "pure comparative negligence" system. Under this system, even if you are found to be 99% at fault for a car accident, you can still recover 1% of your damages from the other party. This makes it critically important to have experienced legal representation to minimize the percentage of fault assigned to you and maximize your potential compensation.
How Comparative Fault Works in Real-Life Car Accident Cases
Let’s say you were involved in a rear-end collision on the 101 Freeway in Los Angeles. The other driver hit you, but you had a brake light that wasn’t working. The insurance adjuster may argue that you were partially at fault for the accident. If it’s determined that you were 20% at fault and the other driver 80%, and your total damages are $100,000, your recovery would be reduced to $80,000.
These percentages are often hotly contested. Insurance companies have every incentive to increase your share of the blame to reduce their payout. That’s why it’s essential to have a skilled Los Angeles personal injury attorney from Arshakyan Law Firm advocating for your interests.
Evidence That Impacts Fault Determination
Several types of evidence can play a role in determining comparative fault in car accident cases:
- Police reports
- Eyewitness testimony
- Traffic camera footage
- Vehicle damage and black box data
- Cell phone records
- Accident reconstruction expert analysis
Our attorneys thoroughly investigate every case to uncover the most substantial evidence in your favor. Whether the crash happened in Burbank, Pasadena, Glendale, or anywhere else in Southern California, we leave no stone unturned.
Common Scenarios Involving Shared Fault
Comparative fault frequently comes into play in the following types of accidents:
- Left-turn collisions: A driver turning left may be primarily at fault, but the oncoming driver could also be speeding.
- Lane change accidents: Both drivers may claim they had the right of way.
- Multi-vehicle pileups: Fault can be divided among several drivers.
- Distracted driving: If both drivers were using their phones or otherwise distracted, fault may be shared.
Understanding how fault is assigned in each scenario is critical to building a strong case and protecting your rights.
Why You Need a Skilled Southern California Car Accident Attorney
If you’ve been injured in an accident and the fault is disputed, trying to handle the case on your own can jeopardize your compensation. Insurance companies use trained adjusters and lawyers to shift blame and minimize their liability. You need an advocate who knows California’s comparative fault laws inside and out.
At Arshakyan Law Firm, our team has helped clients across Los Angeles County and surrounding areas recover fair compensation, even when they were partially at fault. We meticulously review accident details, challenge weak evidence, and negotiate aggressively on your behalf.
How Damages Are Calculated Under Comparative Fault
Damages in a personal injury claim can include:
- Medical expenses
- Lost wages and future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Under comparative fault, once your percentage of responsibility is determined, your total compensation is adjusted accordingly. This is why building a compelling case from the outset is essential.
The Role of Expert Witnesses
In contested fault cases, expert witnesses can be invaluable. Accident reconstruction specialists, biomechanics experts, and traffic engineers can provide crucial insights that clarify how the crash occurred. At Arshakyan Law Firm, we work with top-tier experts to strengthen your claim and counteract the opposition’s narrative.
Protecting Yourself After an Accident
To preserve your right to compensation and avoid being unfairly blamed:
- Call the police and obtain a report.
- Take photos of the accident scene, vehicle damage, and injuries.
- Get medical attention right away.
- Don’t admit fault, even casually.
- Speak to an experienced Los Angeles personal injury attorney immediately.
Avoid speaking to the at-fault driver’s insurance company without legal counsel. Their goal is to get you to say something that can be used against you later.
What If You Were a Passenger?
Even if you were riding as a passenger in one of the vehicles, comparative fault could still affect your claim. If you knowingly got into a car with an intoxicated or reckless driver, the defense may argue you assumed some risk. Our legal team has extensive experience handling complex passenger injury claims across Southern California.
Comparative Fault and Wrongful Death Claims
When a car accident results in a fatality, the surviving family members may file a wrongful death lawsuit. In these cases, comparative fault still applies. If the deceased was partially at fault, the amount recoverable by their family could be reduced. Arshakyan Law Firm handles wrongful death claims with compassion, professionalism, and a fierce commitment to justice.
Statute of Limitations in California Car Accident Claims
It’s important to understand that California imposes strict time limits for filing personal injury claims, including those involving comparative fault. Generally, you have two years from the date of the accident to file a lawsuit. If a government entity is involved, such as being hit by a city-owned vehicle, you may have as little as six months to file a claim.
Missing these deadlines can permanently bar you from recovering compensation, even if you were clearly not at fault. This is another reason why contacting a qualified Los Angeles personal injury attorney as soon as possible after an accident is essential. Arshakyan Law Firm helps clients throughout Southern California stay ahead of all legal deadlines and procedural requirements.
Comparative Fault vs. Contributory Negligence
Some states still follow a contributory negligence rule, which completely bars recovery if you are found even 1% at fault. California’s pure comparative negligence system is far more favorable to accident victims, as it allows you to pursue compensation even if you are mostly responsible for the accident.
Understanding this distinction is essential for anyone relocating from out of state or dealing with multi-jurisdictional claims. At Arshakyan Law Firm, we educate our clients on how California’s laws protect their rights and how to assert them effectively.
Insurance Adjusters and Fault Manipulation
Insurance companies routinely downplay their insureds’ responsibility and attempt to shift more blame onto injury victims. Adjusters may ask leading questions, cherry-pick statements from police reports, or suggest that your actions contributed more to the accident than they actually did.
For example, if you admitted to speeding slightly, they might exaggerate the impact of that speed. Or if you hesitated at a yellow light, they may argue you contributed to the collision. These tactics are designed to minimize the company’s financial liability. With Arshakyan Law Firm by your side, you won’t fall victim to these common manipulations.
How Social Media Can Affect Comparative Fault
Many people don’t realize that what they post online after an accident can be used against them. Insurance defense teams may scour your social media profiles for photos, status updates, or comments that appear to contradict your injury claims or imply some degree of fault.
A picture of you smiling at a party or taking a hike could be misinterpreted as evidence that your injuries are not as serious as claimed. A comment about how you “didn’t see the other driver coming” could be twisted into an admission of fault.
We advise our clients to avoid posting anything about the accident or their recovery online until their case is resolved. If you’ve already posted something, don’t panic—but let us know so we can prepare accordingly.
How Settlements Are Negotiated in Comparative Fault Cases
In cases involving shared liability, the settlement negotiation process can be more complex. Insurance companies will try to lower their payout by increasing your share of fault. That’s why your legal team must present compelling evidence, solid expert testimony, and a clear narrative of the events to counter those arguments.
At Arshakyan Law Firm, we engage in detailed settlement discussions, often backed by accident reconstructions and medical records that paint a vivid picture of your pain and losses. We never accept lowball offers and prepare every case as if it will go to trial, giving us leverage in every negotiation.
Comparative Fault in Rideshare Accidents
With the rise of Uber and Lyft in Los Angeles and other parts of Southern California, many accident claims now involve rideshare drivers. Determining fault in these situations can be especially tricky. Was the Uber driver using the app at the time of the crash? Was the passenger following safety protocols?
California law requires rideshare companies to carry substantial insurance coverage, but accessing that compensation often involves proving that their driver wasn’t the only one at fault. Whether you were a passenger, another driver, or even a pedestrian, our attorneys are skilled in navigating rideshare accident claims with complex fault determinations.
Comparative Fault and Pedestrian Accidents
Pedestrians typically have the right of way, but that doesn’t mean they’re immune to comparative fault. If a pedestrian crosses outside of a marked crosswalk, ignores traffic signals, or is distracted by their phone, insurance companies may try to assign partial fault.
In Southern California cities like Los Angeles, where pedestrian traffic is high and streets are often chaotic, determining liability requires a thorough investigation. Our legal team represents injured pedestrians across the region and vigorously opposes unfair attempts to shift blame.
Motorcycle Accidents and Shared Fault
Motorcyclists are especially vulnerable in comparative fault cases. Insurance companies may claim that lane-splitting, sudden braking, or “reckless” maneuvering contributed to the crash, even if the real issue was a driver not checking their blind spot.
We understand the unique dynamics of motorcycle accident cases and work diligently to protect the rights of injured riders. Our attorneys fight back against negative stereotypes and demand fair treatment for our clients, whether the accident happened in downtown Los Angeles, on Pacific Coast Highway, or a rural road.
Don’t Let Shared Fault Prevent You From Seeking Justice
Too many injury victims mistakenly believe they can’t recover compensation if they were partially at fault. That’s simply not true under California law. If you’ve been hurt in a car accident in Los Angeles, the San Fernando Valley, Orange County, or any part of Southern California, contact Arshakyan Law Firm today.
We’ll evaluate your case for free, explain your rights, and develop a strategic plan tailored to your situation. Don’t let the insurance companies take advantage of you. We’re here to fight for what you deserve. Call Arshakyan Law Firm today for a confidential, complimentary consultation at (818) 650-9985. We are in your corner!