California uses a rule called comparative negligence to decide who pays for damages after a car accident. This rule allows each driver involved in a crash to recover damages even if they share part of the blame.
However, the amount each person receives depends on their share of fault. With this being the case, proving a low level of responsibility or no fault at all can increase your chances of receiving full compensation.
How comparative negligence works
Under California’s pure comparative negligence law, the court or insurance companies assign a percentage of fault to each party. If one driver is 70% responsible and the other is 30% responsible, the damages split accordingly. For example, someone who wins $10,000 in damages but is 30% at fault will only receive $7,000. This rule applies even if a driver is 99% at fault. However, proving less responsibility often means a better financial outcome.
Steps to show you were not at fault
To show a low or zero percentage of fault, gather strong evidence right after the crash. Take photos of the scene, car damage and any visible injuries. Get contact information from witnesses who saw what happened. When police respond to the crash, request a copy of the police report. This report often includes the officer’s observations and any traffic law violations.
Traffic camera footage, dashcam videos and phone records can also support your case. These forms of evidence can show the other driver ran a red light, used a phone while driving or failed to stop in time.
Insurance companies use all available information to decide who should pay and how much. They may try to shift blame to reduce the amount they owe. Showing strong proof that the other driver caused the crash helps prevent unfair blame. Even small shifts in fault percentages can change the outcome of a car accident claim.
