What Happens When Both Drivers Are at Fault for the Accident?
Car accidents rarely have a single, clear-cut cause. In many cases, both drivers share some degree of responsibility. Perhaps one driver was speeding while the other failed to yield right-of-way. Or maybe one driver was texting while the other made an improper lane change. These complex scenarios raise an important question: what happens when both drivers are at fault for an accident in California?
Understanding Pure Comparative Negligence in California
California follows what's known as a "pure comparative negligence" rule. This legal principle allows injured parties to recover damages even if they were partially at fault for the accident—with no threshold limitation.
Here's how it works:
You can recover damages regardless of your percentage of fault (even if you're 99% responsible)
Your compensation will be reduced by your percentage of fault
Unlike some states, California allows recovery even if you bear majority responsibility
For example, if you suffer $100,000 in damages but are found to be 30% at fault, your maximum recovery would be reduced to $70,000. Even if you're deemed 80% responsible, you could still recover 20% of your damages from the other driver's insurance.
How Fault Determination Works in California
After an accident where both drivers share blame, several factors come into play when determining the exact percentage of fault:
Police reports and officer statements
Witness testimonies
Physical evidence from the accident scene
Traffic camera footage (if available)
Expert accident reconstruction analysis
Vehicle damage patterns
Driver statements and admissions
Insurance adjusters initially assign preliminary fault percentages, but these assessments are often biased toward minimizing their company's liability. This is why having experienced legal representation is crucial—your attorney can challenge unfair fault allocations and fight for a more accurate assessment.
The Insurance Claims Process in Shared-Fault Accidents
When both drivers share responsibility, the insurance claims process becomes significantly more complex:
Multiple claims are typically filed with both drivers' insurance companies
Insurance adjusters from both sides investigate and negotiate
Disagreements about fault percentages are common and can lead to prolonged disputes
Settlement offers may be substantially reduced based on perceived fault
Insurance companies often use shared fault as justification to lowball settlement offers or deny claims entirely. They may try to shift more blame to you than is warranted to minimize their payout.
Steps to Take After an Accident Where Fault May Be Shared
If you've been involved in an accident in Nevada City or elsewhere in Nevada County where both parties might share responsibility:
Document everything thoroughly at the scene (photos, videos, witness contact information)
Seek medical attention immediately, even for minor injuries
Report the accident to police and obtain a copy of the report
Be careful what you say to insurance adjusters—never admit fault
Consult with a personal injury attorney before accepting any settlement offers
Remember that initial fault determinations are not final. With proper legal representation, these assessments can be challenged and revised.
How a Personal Injury Attorney Can Help
In shared-fault accidents, having skilled legal representation is particularly valuable. An experienced Nevada City personal injury attorney can:
Conduct an independent investigation to establish accurate fault percentages
Gather and preserve crucial evidence supporting your case
Challenge biased insurance company fault determinations
Negotiate for fair compensation based on actual liability
Take your case to court if necessary to protect your rights
At Phillips Personal Injury in Nevada City, we understand California's comparative negligence laws inside and out. Our attorneys have extensive experience handling complex shared-fault accident cases and maximizing compensation for our clients throughout Nevada County.
The Importance of Acting Quickly
California has a two-year statute of limitations for personal injury claims arising from car accidents. However, evidence deteriorates and witnesses' memories fade quickly after an accident. The sooner you consult with an attorney, the better your chances of establishing a favorable fault determination.
Contact Phillips Personal Injury for a Free Consultation
If you've been injured in an accident where both drivers share fault, don't assume you have no options. California law may still entitle you to significant compensation, even if you bear substantial responsibility.
Contact Phillips Personal Injury today for a free, no-obligation consultation. Our experienced Nevada City attorneys will evaluate your case, explain your legal options, and fight to ensure you receive the maximum compensation you deserve—even in complex shared-fault scenarios.
Remember: Just because you share some blame doesn't mean you should shoulder all the financial burden of an accident. Let us help you navigate California's comparative negligence laws and protect your rights.
This blog post is for informational purposes only and is not legal advice. Every accident case is unique. For advice specific to your situation, please contact a qualified attorney.