How Fault Is Determined in California Car Accidents (And What You Can Do About It)
Knowing how fault in California car accidents works gives you an edge. California follows a comparative fault system. That means more than one driver may share blame, but you can still pursue compensation even if you’re partly at fault. Here’s how it works and how you can protect yourself.
What California’s Comparative Fault Rule Means
California uses a “pure comparative negligence” rule. Each driver involved in a crash receives a percentage of fault. You can recover damages, but your compensation will drop based on your share of blame.
How Investigators Assign Fault in California Car Accidents
Police officers, insurance adjusters, and attorneys examine several pieces of evidence to assign fault:
- Official police reports
- Witness statements and interviews
- Photos, video footage, and dash cams
- Evidence of traffic violations
- Damage location and vehicle impact zones
Real-World Scenarios of Shared Fault
Consider these examples:
- Rear-end collision: If Driver A crashes into Driver B, but B had no brake lights, both may share blame.
- Left-turn crash: Driver C turns left without yielding. But if Driver D was speeding, both may bear responsibility.
Steps to Take Immediately After the Crash
Right after the accident, your actions can impact your ability to prove fault. Follow these steps to protect your claim:
- Call 911 and request a police officer to document the crash.
- Take clear photos of the vehicles, road, and injuries.
- Exchange info with the other driver and talk to witnesses.
- Seek medical help—even for minor injuries.
- Report the accident to your insurance company, but avoid accepting blame.
Disputing Fault in a Car Accident Claim
If an insurer assigns too much blame to you, challenge it. A car accident attorney in California can request expert reviews, examine skid marks, and secure camera footage to support your case.
Don’t Skip DMV Reporting Obligations
In California, you’re required to report a crash to the DMV using the SR-1 form if there’s any injury or property damage over $1,000.
📎 File your SR-1 accident report here.
Why Hiring a Car Accident Lawyer Helps
Insurance companies don’t always act in your best interest. When you work with a California car accident attorney, you get someone who will gather evidence, argue your side, and help you get maximum compensation. It’s the smartest move if fault is unclear or disputed.
Final Takeaway: Fault Doesn’t End Your Case
If you’re partially at fault in a crash, don’t assume you’re out of options. California law allows you to recover damages as long as you aren’t 100% responsible. Understanding fault in California car accidents helps you take control—before insurers take advantage.