What Happens When Both Drivers Are Blamed for a California Car Accident?

Car accidents often result from more than one factor, so it’s common for both drivers to have done something that makes them at fault. In these situations, each driver is assigned a share of the blame, and damages are assessed based on that share.

The legal principle used when more than one driver is at fault for causing an accident is known as comparative negligence. Courts compare each responsible party’s negligence to determine the outcome.

If you’ve been in an accident, make sure you or your attorney present evidence showing how someone else’s actions led to the accident. Otherwise, all the blame could be placed on you. Here’s how the comparative negligence rule operates in a California car accident case and what you can do to avoid taking all the blame.

How Does Comparative Negligence Work in California?

California uses what is sometimes referred to as a “pure” comparative negligence rule. The court assesses each party’s fault and assigns a percentage. Anyone injured can recover from anyone with a percentage of fault. If the person seeking compensation also has a share of fault, the court reduces their damage award by that percentage.

For example, consider a parking lot collision where Driver A is found 25% at fault for not checking the rearview mirror before backing up, and Driver B is found 75% at fault for driving too fast through the lot. If Driver A suffers $100,000 in damages, the award would be reduced by 25% to $75,000 to account for the share of fault.

Who Determines Each Driver’s Share of Fault?

Fault may be assessed by a judge in court, but before a case goes to trial, the attorneys might negotiate to assign percentages of fault, or insurance companies and claims adjusters might reach their own determinations of the degrees of fault. Evidence that could be used to assess fault includes:

• Police reports
• Statements from the drivers and witnesses
• Damage to the vehicles
• Footage from dashcams and security or traffic cameras
• Photos of skid marks and other evidence from the accident scene
• Opinions of accident reconstruction experts

How Does Shared Fault Affect Your Settlement?

Your settlement may be reduced by your percentage of fault. This includes economic losses such as medical bills, lost wages, and car damage. It also includes noneconomic losses such as pain, suffering, and emotional anguish.

If both drivers are found to be at fault, you could have offsetting claims against each other. How it works out in the end depends on the severity of each driver’s injuries and the degree of fault assigned to each driver.

If you had $100,000 in damages and were 25% at fault, you could be eligible to receive $75,000 from the other driver. If they also had $100,000 in damages, they could potentially receive $25,000 from you after their 75% share of fault is subtracted. That amount would be subtracted from your settlement, leaving you with $50,000.

If you had $100,000 in damages and were 75% at fault, you could be eligible to receive $25,000 from the other driver. However, if they had $35,000 in damages and were only 25% at fault, their award would be reduced by 25%, so they might be eligible to receive $26,250 from you. Essentially, you would end up owing $1,620, which would likely be provided through your insurance company.

What if the Other Driver Says You Caused the Accident?

It is vitally important to ensure that evidence and arguments are presented to refute any notion that your actions were the entire cause of the accident. Instead, you need to show how the other party’s actions contributed to the accident.

Statements made after the accident can be treated as an admission of fault. If you said, “I’m sorry” at any time, even if you meant you were sorry someone was upset, your words could be used against you as an admission of guilt. Be very careful about what you say after an accident, and avoid speculating about causation. Answer questions when you know the facts, but if you don’t know, don’t guess. Instead, simply state that you do not know.

FAQs About Shared Fault in California Car Accident Cases

Can both drivers be at fault for causing a car accident?

Yes, both drivers could share fault equally, or one driver could be more responsible than the other.

Can you still sue even if you were partly at fault?

Yes, because California uses a pure comparative negligence standard, you can sue even if you were 95% to blame for causing an accident. But you may not receive much, if anything, in compensation.

What happens if I am 50% at fault for causing a car accident?

If you are found to be 50% at fault for causing a collision, then you may be able to recover half of your losses from the other driver, and they may be able to recover half of their losses from you. If your losses were exactly the same, neither party would owe the other, but one party will likely have more losses than the other, so that party would receive compensation. To come out in a positive position after a shared-fault accident, you must document the full extent of your losses and the other party’s actions that led to liability.

Legal Representation Can Make All the Difference When Both Drivers are Blamed for Causing a Car Accident

Insurance companies are very good at finding ways to avoid paying for damages. If you were hurt in an accident, they will find ways to blame you to avoid paying for your losses. To protect yourself, work with an experienced attorney as soon as possible to build your claim for compensation.

The team at Law Offices of Benajamin Arsenian is ready to help. We know how to gather and preserve vital evidence to prove an accident’s cause so you aren’t unfairly blamed. If you were hurt in a car accident, schedule a free consultation today to learn more about protecting your right to full compensation.