Comparative Fault Under California Law

I’m Griff Tonkin with the Arthofer & Tonkin Law Offices. I want to talk to you about an interesting area of California law. It’s called comparative fault. Not all accidents break down into clearly one person’s fault and clearly not the other person’s fault. Often, accidents have shared fault, or in complex accidents where you have multiple parties involved, multiple vehicles of different sizes, and different speeds, there can be questions about whether or not the accident is partially one party’s fault and partly the fault of multiple other parties. You’re not barred from making a claim if the accident was partially your fault.

Let me give you an example. You’re driving down the freeway. The speed limit is 65, but you’re going 70, and someone pulls out from an adjacent side street in front of you. There are going to be questions about whether or not the accident was the fault of the driver who pulled out in front of you or whether your speed, which was slightly over the speed limit, was a factor. We’re experienced in dealing with cases with complex fact patterns and questions of comparative fault. In California, you can continue prosecuting your personal injury claim, even if you’re partially at fault for an accident.

We’ve had several cases where local investigating law enforcement agencies have concluded that our client was partially or totally at fault. Often, these conclusions are based on very preliminary information. Law enforcement officers are very busy. They do an extremely important job in our community. They don’t always have access to every witness, every tool, and every evaluation. They reasonably have to move on to help other people. They can’t spend hours, days, or weeks investigating a claim. But we can investigate, as needed, your claim and find out the real facts and circumstances surrounding your matter. We’ve had many cases where we’ve ultimately proven that the conclusion reached the accident scene was either partially or entirely incorrect.

If you’ve been involved in an incident and have questions about whether this accident is your fault or partially your fault, give us a call. We’re happy to consult with you today at the Arthofer & Tonkin Law Offices. Our consultations are free, and we’ll meet with you in person to decide if our office is right for you and to help you navigate your way through this complex area of law.