Can You Sue If Partially At Fault?
Mila Arutunian
Director of Employment Law Litigation and Personal Injury Relations
Transcript
“Can you still sue if you were partially at fault for an accident? Yes. If you were involved in an accident and partially at fault for the accident, this doesn’t mean you get nothing. That’s right. You can still recover damages. California follows a legal theory called comparative negligence, which means the factfinder, such as the judge or the jury, has to look at the facts of the accident and assign a percentage to how at fault each prospective party was. Each party’s compensation is then reduced by their percentage of fault. So if you’re 20% at fault, you can still recover 80% of your damages. So don’t ever assume that you are out of options. If you’re involved in an accident, don’t hesitate. Reach out to us today.”