Can I Still Recover If I Was Partly at Fault?

Can I Still Recover If I Was Partly at Fault?

Accidents don’t always have clear-cut causes. Sometimes, more than one person shares the blame. If you were hurt in a car crash, slip-and-fall, or other accident and think you were partly at fault, you might wonder: Can I still recover compensation?

The good news is that in most cases, the answer is yes. Many states, including California, use a system called comparative negligence that allows you to recover damages even if you were partly responsible.

At Anderson Franco Law, we believe everyone deserves to understand their rights after an accident. Here’s what you need to know about fault, comparative negligence, and how you can still get the compensation you need to recover.

Understanding Comparative Negligence

Comparative negligence is a legal rule that assigns fault among all the parties involved in an accident. Instead of blocking someone from getting any money just because they share some blame, it reduces their compensation based on their share of fault.

For example, let’s say you’re in a car accident and it’s determined you were 20% at fault while the other driver was 80% at fault. If your total damages are $100,000, your compensation would be reduced by your share of fault. You’d receive $80,000 instead of the full $100,000.

This system is designed to be fair. It recognizes that accidents can be complex and that both sides can contribute to what happened.

California’s Pure Comparative Negligence System

California uses a pure comparative negligence system. That means you can recover damages even if you were mostly at fault—as long as you weren’t 100% to blame.

In other words, even if you were 90% at fault, you could still recover 10% of your damages.

This approach helps ensure injured people aren’t completely barred from getting help just because they made a mistake. It reflects the reality that many accidents don’t have just one cause.

Common Situations Where Both Parties Share Fault

Shared fault can happen in many types of accidents. For example:

Car Accidents
You were speeding slightly when another driver ran a red light and hit you.

Slip-and-Fall Accidents
You didn’t see a wet floor sign because you were looking at your phone, but the spill wasn’t cleaned properly for hours.

Bicycle or Pedestrian Accidents
You were crossing outside the crosswalk, but the driver was distracted or speeding.

Construction Accidents
You weren’t wearing the right safety gear, but the site wasn’t properly maintained.

In these cases, both sides may have contributed to what happened. That doesn’t mean you have to shoulder all the costs yourself.

How Is Fault Determined?

Determining fault in an accident usually involves investigating what happened carefully. Insurance companies, lawyers, and sometimes courts will look at:

• Statements from those involved
• Witness testimony
• Photos or video of the scene
• Police reports
• Expert analysis, such as accident reconstruction
• Medical records and injury reports

It’s rarely as simple as one side being completely at fault. That’s why it’s important to have strong evidence showing what really happened and who shares responsibility.

Why Insurance Companies Love Blaming You

It’s important to understand that insurance companies often try to shift as much blame onto you as possible. Why? Because every percentage of fault they can pin on you reduces what they have to pay.

If they can convince you to accept more blame than you should, they save money.

This is why you shouldn’t take an insurance company’s word for it about your share of fault. Talk to a lawyer who will look out for your interests.

How Anderson Franco Law Can Help

At Anderson Franco Law, we know that being partly at fault doesn’t mean you should give up on your case. We help clients throughout California and the Bay Area understand their rights and fight for fair compensation.

When you work with us, we can help you by:

• Investigating your accident thoroughly
• Gathering evidence to show the other party’s fault
• Challenging unfair blame from insurance companies
• Calculating your full damages, including medical bills, lost wages, and pain and suffering
• Negotiating for a fair settlement or taking your case to court if necessary

We believe injured people deserve support, even when the facts aren’t perfect.

Why It’s Important to Act Quickly

If you were hurt in an accident where you might share fault, it’s important to act quickly. Evidence can be lost, memories can fade, and there are deadlines for filing claims or lawsuits.

Talking to a lawyer early can help you avoid mistakes, preserve your rights, and build the strongest case possible.

Don’t Let Partial Fault Stop You

It’s easy to feel discouraged if you think you share some blame for what happened. But the law doesn’t expect you to be perfect. It only asks that fault be shared fairly.

Under California’s comparative negligence system, you can still recover money for your injuries—even if you were partly responsible.

If you or a loved one were hurt in an accident, don’t assume you have no case just because you made a mistake. Let us review what happened and help you understand your options.

Contact Anderson Franco Law for Help

At Anderson Franco Law, we help injured people across the Bay Area and California get the compensation they need to heal and move forward.

We offer free consultations and work on a contingency fee basis. That means you pay nothing unless we win your case.

If you were hurt in an accident—even if you think you were partly at fault—contact us today. Let’s talk about what happened and see how we can help you get the fair outcome you deserve.