After a car accident in Los Angeles or the San Fernando Valley, one of the most damaging things a driver can do is assume they cannot pursue a claim because they believe they share some responsibility for the crash. In California, partial fault does not bar you from recovering compensation — and this distinction can mean tens of thousands of dollars to injured victims who give up too soon.

California’s Pure Comparative Negligence Rule Explained

California follows what is called a pure comparative negligence system. Under this rule, your compensation is reduced by your percentage of fault — but you can still recover damages even if you were 99% at fault for the accident.

Here is a simple example. Suppose you were involved in a T-bone collision at the intersection of Sepulveda Boulevard and Sherman Way in Van Nuys — one of the most dangerous intersections in Los Angeles. An investigation determines you ran a yellow light that was nearly red, while the other driver was speeding. A jury or insurance adjuster assigns you 25% of the fault and the other driver 75%.

If your total damages were $100,000 — medical bills, lost wages, and pain and suffering — you would be entitled to recover $75,000 under California’s comparative negligence rule. Your 25% share of fault reduces your recovery by $25,000, but you still receive significant compensation.

How Insurance Companies Use Comparative Fault Against You

Insurance adjusters are trained to find any reason to assign you partial fault — even when you were clearly the victim. Common tactics in the San Fernando Valley include:

  • Claiming you were speeding because you were on a freeway on-ramp when the accident happened
  • Arguing you were distracted because you had recently used your phone, even if it had nothing to do with the crash
  • Suggesting you could have avoided the accident with better defensive driving
  • Using your own recorded statement against you — one reason why you should never give a recorded statement to an insurance adjuster without an attorney present

Every percentage point of fault the insurer assigns to you reduces your settlement. A skilled personal injury attorney knows how to counter these assignments of fault with evidence, witness testimony, and where necessary, accident reconstruction experts.

Common Scenarios Where Partial Fault Comes Up in SFV Accidents

Lane change accidents on the 101 or 405: Both drivers often claim the other merged unsafely. Fault is frequently shared, but an experienced attorney can often shift the balance significantly in your favor with the right evidence.

Intersection accidents: Van Nuys, Northridge, and Sherman Oaks have some of the most dangerous intersections in California. When two drivers approach an intersection simultaneously, fault assignment can be complex.

Rear-end collisions where the lead driver braked suddenly: While rear-end accidents almost always place primary fault on the following driver, insurance companies sometimes argue the lead driver contributed by braking without warning.

Accidents involving speeding: Even if you were slightly over the speed limit, this does not eliminate the other driver’s liability — it simply adjusts the percentage.

Why You Should Never Assume Your Case Has No Value

Many accident victims in the San Fernando Valley walk away from legitimate claims because an insurance adjuster convinces them their own actions contributed to the accident. Do not make this mistake. California’s pure comparative negligence rule exists specifically to ensure that victims are compensated proportionally — even when they bear some responsibility.

The only way to know the true value of your case — and your true percentage of fault — is to have an experienced personal injury attorney evaluate the evidence and conduct a thorough investigation.

At Girgis Law Firm, APC, attorney Anthony Girgis has over 16 years of experience handling comparative fault cases throughout the San Fernando Valley. He works directly with accident reconstruction experts, reviews all available evidence, and fights aggressively to minimize any fault assigned to his clients. He handles all cases on a contingency fee basis — you pay nothing unless he wins your case.

Injured in a car accident in the San Fernando Valley? Contact Girgis Law Firm, APC for a free consultation. Attorney Anthony Girgis represents accident victims throughout Encino, Sherman Oaks, Van Nuys, Northridge, Woodland Hills, and surrounding communities. Call (818) 986-5000 — no fees unless we win.