California Comparative Negligence Law 2025 – All You Need to Know

Following a collision, you may be surprised to learn that multiple parties can share liability. California has a unique system for determining what percentage of a settlement a plaintiff can receive. If you have questions about this process, the first step is to understand the California comparative negligence law. Once you understand how this legal framework could apply to your case, you can move forward with your claim with confidence.

Understanding California’s Pure Comparative Negligence System

California follows a pure comparative negligence rule that applies to insurance and court claims. Under the system that generously favors plaintiffs, accident victims can recover damages even when they are partly at fault. While some states bar plaintiffs from seeking compensation if they are 50% or even 1% at fault, California allows plaintiffs to pursue compensation even if they are mostly at fault for their injury.

This legal framework governs how all personal injury claims are handled, including slip-and-fall claims. While this system can be generous for plaintiffs who were harmed in complicated accidents that involve multiple parties, it also encourages defendants to try to cast as much blame on plaintiffs as they can.

How Fault Is Proven in a California Personal Injury Claim

Following a collision, establishing fault is of critical importance. The evidence collected can determine what percentage of fault each party bears under the state’s comparative negligence system. Often, the fault comes down to proving which party violated a traffic law. Traffic infractions demonstrate that a driver was negligent or even reckless on the day of the accident.

In court, the plaintiff’s attorney must further demonstrate that the driver’s negligence caused the collision and, by extension, caused the injury. To support this argument, the plaintiff can rely on evidence like accident reports, medical records, video footage, and testimony.

Other important forms of evidence in motor vehicle accidents include black box data, photos of the scene of the accident, call records, text message records, dashcam footage, and even maintenance records.

How Comparative Negligence Affects Personal Injury Claims

Comparative negligence impacts nearly all personal injury claims to some degree or another. Even if the plaintiff is ultimately found not to be at fault for causing or contributing to their injury, negotiations between the attorneys of both parties often include discussions about liability and percentage of fault.

When an accident occurs, both parties’ actions are analyzed to determine each person’s level of fault. This percentage directly affects the amount of compensation awarded. If a plaintiff is awarded $100,000 but found 25% responsible for the accident, they would only receive $75,000.

Insurance companies often try to assign higher fault to the accident victims as a means of limiting payouts. Following a car crash, for example, the insurance carrier’s adjuster may argue that a driver was distracted or speeding. This can lead to a reduction in the plaintiff’s settlement even when the speeding did not directly cause the crash.

In these cases, the burden of proving the defendant is liable falls on the plaintiff. For an injured victim to prove their legal argument, they must have strong evidence to back up their claims.

FAQs

How Does Comparative Negligence Work in California?

California follows a pure comparative negligence system, meaning injured individuals can recover damages even if they share fault for causing their injuries; however, their compensation is reduced by their percentage of fault. For example, if you are found to be 40% responsible for an accident, your total settlement would be reduced by 40%, allowing you to recover only 60% of the awarded amount.

What Is the 49% Rule of Comparative Negligence?

The 49% rule applies in states that follow a modified comparative negligence system, preventing a plaintiff from recovering damages if they are 50% or more at fault. California does not follow this rule and instead allows recovery regardless of fault percentage, with the final award reduced accordingly. This makes California more plaintiff-friendly compared to states with the 49% or 50% bar.

How Does Contributory Negligence Differ From Comparative Negligence?

Under the contributory negligence rule, an injured party cannot recover damages if they are even 1% at fault for an accident. Comparative negligence allows injured parties to recover compensation as long as they are not completely at fault for pure comparative negligence or more than 49-50% at fault for modified comparative negligence. Compensation is reduced based on the percentage of responsibility.

When Did California Become a Comparative Negligence State?

California adopted pure comparative negligence in 1975 with the landmark court case Li v. Yellow Cab Co. Before this ruling, California followed a contributory negligence system, which barred recovery if the plaintiff was even slightly at fault.

The Li decision shifted the law to allow plaintiffs to recover damages proportionate to the defendant’s share of fault. The current framework generally favors plaintiffs by allowing them to pursue compensation even when they partly caused their injury.

Can You Still Recover Compensation if You Are Mostly at Fault in California?

Yes, you can still recover compensation if you are mostly at fault in California under the pure comparative negligence rule. However, your final award will be reduced by your percentage of fault. For example, if you are 80% responsible for an accident and your damages total $100,000, you would still be eligible to recover $20,000 from the other party.

Schedule Your Comparative Negligence Consultation Today

Navigating California’s comparative negligence laws can be complex, but Corrales Law Group, Inc. is here to guide you through the process and help you understand how shared fault may impact your claim. For over a decade, we have provided strategic legal representation to clients across the state.

If you are seeking a dedicated law firm that prioritizes its clients, we encourage you to reach out to our bilingual team. We understand that injuries can limit mobility, which is why we offer in-home visits for those unable to travel. Contact Corrales Law Group, Inc. today to schedule a consultation and learn how California’s comparative negligence rules may affect your case.