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Do I Have a Case if I’m Partially at Fault in an Accident?

Updated: October 8, 2021

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Today, we’re going to talk about whether you have a claim if you’re partially at fault for a car accident.

My name is Adam Hepburn and I’m a partner and car accident attorney here at HHJ Trial Attorneys. Now there’s a lot of times when you get into an accident and it’s not clear who’s at fault, and in some instances you yourself may have been partially to blame for the accident.

Now a lot of people think that if you’re at fault at all, you have no recourse. The case is done and you can’t pursue your claim. But that’s actually not true. California is what’s called a “comparative fault state” which means that even if you’re at fault, that just means that your damage is your ability to obtain damages and compensation is reduced by your percentage of fault.

So for instance, if somebody was 70% at fault and you were 30% at fault, calculate what your damages would be and then it would simply be reduced by 30% for your portion of the fault. If you have any other sort of questions, please feel free to give our car accident attorneys in San Diego a call and schedule an appointment today.

Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.