How Fault Is Determined in California Auto Accidents and Its Impact

Accidents happen fast, but the consequences can linger for years. Your car is wrecked. You’re hurt. Maybe even unable to work. And now comes the big question: Who’s at fault? In California, this question isn’t just important—it’s everything. It determines who pays for your medical bills, lost wages, and even how much you can claim in damages. Fault matters because California is a “tort state” when it comes to car accidents, meaning whoever is at fault pays.
But how do you figure out fault? How do insurance companies and courts decide who should take the blame? Let’s break it down.
The Law of Comparative Negligence
In California, things aren’t black and white when it comes to fault. The state follows the principle of pure comparative negligence. What does that mean? Even if you’re partly to blame for an accident, you can still recover damages. But, the kicker is your compensation gets reduced by the percentage of fault assigned to you. So, if the court decides you’re 20% at fault, and you’re awarded $100,000, you’ll only walk away with $80,000.
This isn’t just about who hit who. California Civil Code Section 1714 makes it clear that everyone is responsible for their actions. So, both parties could share the blame, or one could be fully at fault—it depends on the circumstances.
Who Decides Fault?
After an accident, the first step to determining fault often starts at the scene. Police officers gather statements, analyze the situation, and prepare an accident report. Insurance companies then take over, launching their own investigations to figure out who pays what. But, if things head to court, a judge will decide fault based on the evidence presented.
Fault assessments are tricky. Take the case of a three-car crash in Los Angeles involving an LAPD vehicle (KTLA). Who’s responsible in a pile-up? Who started the chain reaction? Even with multiple vehicles involved, each driver’s actions are examined under a microscope.
What Factors Impact Fault in California?
Several factors influence how fault is determined:
Traffic Violations: Did someone run a red light? Fail to yield? Breaking traffic laws is often a clear sign of fault. California Vehicle Code violations, such as Section 21801 (which governs right-of-way rules), can be used to assess negligence.
Speeding: Driving above the speed limit not only increases the chances of an accident but also makes it easier to pin fault on the speeding driver. This is especially true in cases involving rear-end collisions or sudden stops.
Distracted Driving: Texting or talking on the phone at the time of the crash? It’s likely you’ll shoulder more blame. California law, under Vehicle Code Section 23123.5, makes it illegal to use handheld devices while driving, and violations can heavily influence fault decisions.
Road Conditions: Sometimes, it’s not about the drivers at all. Poorly maintained roads, potholes, or construction zones can shift fault to the city or state. For example, in a collision involving a horse on a California freeway, investigators had to determine whether the horse’s owner or a third party was responsible for the accident. This demonstrates how even unusual factors can impact fault.
The Blame Game: What Happens When You’re at Fault?
No one wants to be blamed for a car crash. But if you are, your insurance will step in to cover the other driver’s damages through your liability coverage. California requires drivers to have minimum liability insurance, which includes $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage.
But what if you share the blame? That’s where comparative negligence comes in. Let’s say you’re involved in a collision with a teen driver in Central California (ABC30). The teen was distracted, but you were also speeding. If the court finds you 40% at fault, your compensation will be reduced by 40%, and the teen’s insurance will cover the rest.
The Role of Insurance Companies
Insurance companies have one primary goal—protecting their bottom line. After an accident, they’ll conduct their own investigation, gathering evidence, reviewing the police report, and even sending adjusters to inspect the damage. If they find you’re even partly responsible, they’ll reduce the payout or try to shift as much blame as possible onto you.
Proving Fault: Why You Need an Attorney
Getting a lawyer involved can make all the difference in proving fault. Evidence like witness statements, traffic camera footage, and expert testimony can all play a role in defending your side of the story. Plus, attorneys know how to navigate California’s complex personal injury laws, making sure that fault is accurately assessed and you’re not unfairly blamed for the crash.
Take the example of a three-car collision involving an LAPD vehicle in Los Angeles (KTLA). In multi-car accidents, the chain of events can be hard to untangle. But a good attorney can help break it down—showing who’s truly responsible and ensuring that liability isn’t wrongfully assigned .
What if Fault Isn’t Clear?
In some cases, it might not be obvious who’s at fault. Was the driver speeding? Was there a malfunction with one of the vehicles? In the case of a crash involving a runaway horse, fault wasn’t immediately clear. The investigation had to consider multiple angles: Was the horse owner negligent? Did someone leave a gate open? Fault doesn’t always fall on the drivers, and unique cases like this require deeper investigation (AP News).
The Bottom Line: How Fault Impacts Your Compensation
In California, fault isn’t just about assigning blame—it directly affects your compensation. If you’re found partially at fault, your payout decreases, and in some cases, your insurance premiums might go up. But don’t let this scare you into accepting more blame than necessary.
Whether it’s a minor fender bender or a major multi-car pile-up, having an attorney on your side is crucial. They’ll fight to ensure fault is fairly assigned, gather evidence, and negotiate with insurance companies to secure the best outcome for you.
Don’t Let Fault Derail Your Case
Determining fault in a California auto accident can be tricky, especially with so many factors at play. From traffic violations to distracted driving, the evidence stacked against you can feel overwhelming. But that’s where the right legal team comes in. The California Attorney Group knows the ins and outs of California fault laws and will fight to make sure you get the compensation you deserve.
If you’ve been in a car accident, call California Attorney Group at (310) 278-6666 for a free consultation. We’ll stand by your side, fighting to protect your rights and ensuring that fault is accurately determined. Because in California, fault can make or break your case.