Comparative fault

Your share of the blame reduces what you recover — it does not end your claim.

This is the single most misunderstood rule in California injury law, and the misunderstanding costs people claims they had. This is general information, not legal advice.

What it means

California is a pure comparative fault state. If a jury decides you were 30 per cent responsible for what happened, your damages are reduced by 30 per cent. If it decides you were 80 per cent responsible, they are reduced by 80 per cent — and you still recover the remaining fifth.

That last part is what people get wrong. There is no cut-off in California above which fault bars a claim. Plenty of states have one. This one does not, and the rule came from the Supreme Court rather than the Legislature.

So when an adjuster says you were partly at fault, they are not telling you that you have no case. They are opening a negotiation about a percentage, and the percentage is arguable.

Where this is dealt with properly

This entry is the short answer. These pages own the subject.

• Comparative fault in California
• What if I was partly at fault?
• How fault is decided

Common questions

Can I be more than half at fault and still recover?

Yes. California reduces your recovery by your share and stops there. There is no percentage above which the claim disappears.

Who decides the percentage?

A jury, if the case is tried. Before that, it is argued between the lawyers and the adjuster, which is why the evidence about how the crash happened matters long before anyone files anything.

Sources: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault replaced contributory negligence); CACI No. 405, Judicial Council of California Civil Jury Instructions (2026 edition) (comparative fault of plaintiff); Civ. Code, § 1431.2 (Proposition 51 — non-economic damages are several, not joint). CACI references after the first use the short form.