QIM Score: 85/100
— published under the house rule: no post goes live unscored. Routes: Personal Injury · Blue Data.
Pure Comparative Negligence
California follows 'pure comparative negligence.' Your compensation is reduced by your percentage of fault, but you can still recover even if you were mostly to blame. Found 30% at fault on a $100,000 case? You recover $70,000. That's very different from the 'you contributed, so you get nothing' line adjusters often imply.
How Fault Gets Decided
Fault is apportioned based on the facts — who had the right of way, who was speeding, who ignored a hazard. Multiple parties can share it, including a third party who isn't even in the lawsuit. Because every percentage point has a dollar value, how fault is framed is one of the most contested parts of any injury case.
Don't Concede Fault to an Adjuster
A recorded statement or a quick apology can be spun into an admission that inflates your share of blame. The percentage isn't set by the insurance company — it's a legal question, and it's worth contesting rather than accepting their number.
What to Do
If you've been told the accident was your fault, that's the start of a negotiation, not the end of your claim. A free consult gives you an honest read on fault and what your case is really worth.
Michael Benavides Legal — free consult | Michael Benavides, Esq., CA Bar No. 270714 | 707-362-4166 | attorneymichaelbenavides.com
ATTORNEY ADVERTISING. Michael Benavides Legal is a trade name of the law practice of Michael Benavides, Esq., California State Bar No. 270714. General information only — not legal advice, and no attorney-client relationship is formed by reading this. Injury results depend on your specific facts. Prior results do not guarantee a similar outcome; verify current deadlines and figures.
