Are You Partially at Fault in a Car Accident? Here’s What You Do

Posted on August 20, 2025 | Written By: Cliff Bui

What To Do If You’re Partially at Fault in a California Car Accident

Being partially at fault in a car accident can feel overwhelming—but California’s pure comparative negligence system means you may still recover compensation. Here’s what to do to protect your rights and minimize financial impact

It Isn’t Automatic That You Won’t Receive Compensation

Being partially at fault in a California car accident doesn’t automatically prevent you from recovering compensation. California follows a pure comparative negligence law, which means that even if you are partially responsible, you can still file a claim. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found 30% at fault in a crash and your damages total $100,000, you may still recover $70,000. Understanding this law is crucial when determining your rights after an accident.

Never Admit Blame No Matter What

If you believe you are partially at fault, it’s important not to admit blame at the scene. Insurance companies often use any statements you make to reduce your settlement. Instead, focus on gathering evidence, including police reports, witness statements, photos of the scene, and medical records. This documentation can help establish the other party’s level of responsibility and limit how much fault is assigned to you. Even if you made a mistake, the other driver may have been more negligent—for example, by speeding, running a red light, or driving under the influence.

When In Doubt, Consult With A California Personal Injury Attorney

The best step you can take if you are partially at fault is to consult with a California personal injury attorney. An experienced lawyer can negotiate with insurance adjusters, challenge unfair fault percentages, and ensure you receive the maximum compensation possible under state law. Car accidents are rarely straightforward, and legal guidance can protect your rights while helping you recover damages for medical expenses, lost wages, and pain and suffering—even if you were not completely fault-free.

What Does “Partially at Fault” Mean?

In California, fault is divided by percentage. If you’re found 25% at fault, your compensation is reduced by 25%. You can still recover damages—even if you’re 99% at fault—but your share will be proportionally reduced.

Step-by-Step: What to Do After the Accident

1. 1. Stay Calm and Document Everything
      • Take photos of vehicles, damage, road conditions, and traffic signs
      • Get contact info from witnesses
      • Request a police report
   2. Avoid Admitting Fault
      • Stick to facts when speaking to police or other drivers
      • Let investigators and attorneys determine fault percentages
   3. Seek Medical Attention
      • Even minor injuries matter—document all symptoms and treatments
   4. Notify Your Insurance Company
      • Report the accident promptly
      • Share all evidence and the police report
   5. Consult a Personal Injury Attorney
      • They can help:
   6. • Challenge unfair fault assignments
      • Negotiate with insurers
      • Maximize your recovery despite partial fault

   How Fault Is Determined

   Courts and insurers use:

   • Police reports
   • Witness statements
   • Photos and video footage
   • Accident reconstruction experts
   • Traffic law analysis

   Example

   If you’re 30% partially at fault in a $100,000 claim:

   • You can still recover $70,000
   • The other party’s recovery would be reduced by their fault share

   

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   Car Accident Evidence Checklist (California)

   Use this checklist to protect your rights and build a strong claim—even if you’re partially at fault.

   Scene Documentation

   • [ ] Take wide-angle photos of the entire accident scene
   • [ ] Photograph all vehicle damage (yours and others)
   • [ ] Capture road conditions (wet, icy, debris, potholes)
   • [ ] Snap traffic signs, signals, and lane markings
   • [ ] Record skid marks or debris patterns
   • [ ] Take pictures of injuries (if safe and appropriate)

   Witness & Police Info

   • [ ] Get names and contact info of all witnesses
   • [ ] Ask witnesses for a brief statement (written or recorded)
   • [ ] Request the responding officer’s name and badge number
   • [ ] Ask how to obtain the police report and incident number

   Medical Documentation

   • [ ] Seek medical attention ASAP—even for minor symptoms
   • [ ] Keep records of ER visits, doctor appointments, and treatments
   • [ ] Save receipts for prescriptions, therapy, or medical devices
   • [ ] Journal your symptoms, pain levels, and recovery progress

   Insurance & Legal

   • [ ] Notify your insurance company promptly
   • [ ] Share all evidence and the police report
   • [ ] Avoid admitting fault—stick to facts
   • [ ] Consult a personal injury attorney if fault is disputed

   Personal Notes

   • [ ] Write down your memory of the accident (before details fade)
   • [ ] Note weather, time of day, and traffic flow
   • [ ] Record any unusual behavior from other drivers (e.g., speeding, distracted driving)

Hire A Car Accident Lawyer Near You In California

If you or a loved one is partially at fault in an accident, the iAccident Lawyer strongly encourages you to call our California Personal Injury lawyers. Your experienced Injury Lawyer will provide you with the best legal representation and guidance that you need. Our offices are conveniently located throughout California and we conduct regular travels in the region to meet with clients. Contact an Accident Lawyer today.

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Cliff Bui

Cliff Bui has been working as a Lawyer at Accident Attorneys’ Group for 9 years. iAccident Lawyer is part of the Law Firms & Legal Services industry, and located in California, United States.

• Law School: Loyola Law School, Loyola Marymount University
• Status: In Good Standing
• Licensed: 24 years