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California At-Fault Accidents Explained: Who Pays, How Fault Is Determined, and How Comparative Negligence Works Short answer: California is a pure comparative negligence state. That means after an accident, each driver’s percentage of fault is calculated, and each party pays damages proportional to their share of fault — even a driver who was 99% at fault can recover 1% of their damages from the other party. Insurance companies use these percentages to allocate claim payouts, and juries assign them when cases go to trial. If you were injured in a California accident where fault is disputed, the single most important thing you can do is not accept the insurance adjuster’s initial fault determination. Those determinations are deliberately slanted against claimants. Call Sky Law Group at (844) 475-9529 — Hablamos Español. California’s Pure Comparative Negligence Rule — The Math Under Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), California replaced the old “contributory negligence” rule (where any fault barred recovery) with pure comparative negligence. The rule is codified in California Civil Jury Instructions CACI 405 and applied as follows: Driver A is 70% at fault, Driver B is 30% at fault. Driver A’s $100,000 in damages is reduced to $30,000 (recovery from B). Driver B’s $50,000 in damages is reduced to $35,000 (recovery from A). Both parties recover something. Pedestrian is 20% at fault for jaywalking, Driver is 80% at fault for speeding. Pedestrian with $500,000 in damages recovers $400,000. Cyclist is 51% at fault, Driver is 49% at fault. […]