California’s At-Fault Laws: What You Need to Know

Yes, you can still recover. California follows pure comparative fault, so you can recover damages after a car accident even if you were partly to blame. Your compensation is reduced by your percentage of fault, and it is not cut off at 50%. The Law Offices of J. Chrisp offers a free consultation and answers the phone 24/7 at 877-J-CHRISP (877-524-7477). There is no fee unless we win.

Table of Contents

How pure comparative fault works in California

The California Supreme Court adopted pure comparative fault in Li v. Yellow Cab Co. (1975).

Under this rule, fault is divided between everyone who contributed to the crash, by percentage. Your total damages are calculated first, then reduced by your share. There is no 50% or 51% cutoff, so a driver who was mostly at fault can still recover the share caused by the other driver.

If both drivers were hurt, each may have a claim against the other, and each claim is reduced by that driver’s own share of fault.

Partial fault examples on a $100,000 claim

These examples use a hypothetical claim with $100,000 in total damages to show the arithmetic. They are not case results.

Your share of fault	Other driver’s share	What you can recover
10%	90%	$90,000
50%	50%	$50,000
80%	20%	$20,000

The available insurance also matters. For policies issued or renewed since January 1, 2025, California’s minimum liability coverage is $30,000 per person, $60,000 per accident and $15,000 for property damage (Vehicle Code section 16056).

When more than one party is at fault

Some crashes involve several at-fault parties, such as a chain-reaction collision, or a driver and a public entity responsible for a dangerous road. Under Proposition 51, each defendant pays non-economic damages, such as pain and suffering, only in proportion to its own share (Civil Code section 1431.2).

This makes it important to identify every party who contributed. If one party with a large share of fault is left out or has little insurance, part of the non-economic damages may go unpaid. When a city, county or Caltrans may share fault, a written government claim for injury generally must be presented no later than six months after the cause of action accrues (Government Code section 911.2).

If you were uninsured at the time of the crash

Proposition 213 adds a separate limit. An uninsured driver generally cannot recover non-economic damages, such as pain and suffering, even if the other driver was entirely at fault (Civil Code section 3333.4). Economic damages, such as medical bills and lost wages, can still be recovered.

Evidence that can change the fault percentage

Evidence that can bear on fault includes:

Photos of the vehicles, where they came to rest, skid marks, debris and traffic signals.
Dashcam footage and video from nearby homes and businesses.
Statements from independent witnesses who are not connected to either driver.
Vehicle data and phone records, when speed or distraction is in dispute.

Traffic laws also shape fault. A driver turning left must yield to oncoming traffic that is close enough to be a hazard (Vehicle Code section 21801).

What you say matters too. Avoid guessing about speed or apologizing in statements to the other driver’s insurer. Do not give that insurer a recorded statement before you have legal advice.

Frequently asked questions

Can I recover anything if I was 50% at fault in California?

You can. California uses pure comparative fault, so a driver who was 50% at fault can recover half of their damages. There is no 50% or 51% cutoff.

Can I recover if I was mostly at fault for the crash?

You can. Even a driver who was 80% at fault can recover the 20% of their damages caused by the other driver. The other driver may also have a claim against you for their own losses.

What if I did not have insurance at the time of the crash?

An uninsured driver generally cannot recover pain and suffering under Civil Code section 3333.4, but can still recover economic damages such as medical bills and lost wages.

Should I admit fault to the other driver’s insurance company?

Stick to facts you know, and avoid guessing or apologizing. Do not give the other driver’s insurer a recorded statement before you have legal advice.

If you were partly at fault for a crash, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.