Prepared for review by Chris Masjedi, California Bar No. 199528. General information only; not legal advice.

California Comparative Negligence in Personal Injury Cases

California generally uses a comparative-fault system. A court or claims process may assign percentages of responsibility to multiple people, and an injured person’s recovery may be reduced by that person’s share of fault. The evidence used to evaluate responsibility can include photographs, video, witness accounts, reports, physical evidence, and expert analysis. Because responsibility and damages are fact-specific, obtain advice about your circumstances before accepting an insurer’s allocation of fault.