Corona Injury Claims: How California Comparative Fault Works

Corona Injury Claims: How California Comparative Fault Works

Most crashes on the 91 through Corona involve some blame on both sides, and California has a specific rule for splitting it. The rule favors injured people more than most states do, with a few exceptions that can erase part of a claim. The sections below explain how comparative fault works, the exceptions, how insurers use it against you, local examples, and the filing deadline. Sargent Law’s personal injury lawyers in Corona spend much of every case fighting over that percentage.

California Uses Pure Comparative Fault

It starts with Civil Code § 1714, which says everyone has to pay for injuries they cause by not being careful. In 1975, the California Supreme Court turned that into a rule called pure comparative fault. If you were partly to blame, your payout gets cut by that same share, and that’s the end of it.

There’s no cutoff. Say your losses total $100,000 and a jury finds you 25 percent at fault for changing lanes without signaling on the 15. You collect $75,000. At 90 percent, you still collect $10,000. Many states cut you off at 50 or 51 percent, so insurers there try to knock you out entirely. California insurers can’t, which is why they work on the number instead.

Where the Rule Has Exceptions

Pure comparative fault covers most cases, but a few rules change the math. Each one comes from a separate statute.

• Uninsured drivers – Civil Code § 3333.4 bars a driver without insurance from recovering pain and suffering, no matter who caused the crash. Medical bills and lost wages are still on the table.
• Convicted drunk drivers – The same statute applies to anyone convicted of DUI for the crash. The economic losses survive; the rest doesn’t.
• More than one defendant – Under Civil Code § 1431.2, each defendant owes only its share of what you get for pain, while any defendant can be made to pay your full medical and wage losses.
• Intentional harm – Someone who hurts you on purpose doesn’t get a discount for your carelessness.

How Do Adjusters Turn the Rule Against You?

Every percentage point is money, and adjusters know it. So the file on your claim starts with a search for anything that shifts blame your way.

The recorded statement is often the starting point. If you say, “I didn’t see him,” the adjuster may write down that you were not paying attention. Then they may point to other issues, such as following too closely, speeding, using your phone, not wearing a seat belt, or an old back injury that they claim explains your current pain. The adjuster may assign you a percentage of the blame without telling you and use it to calculate the settlement offer. Most people don’t know to ask about it.

Three Corona Examples of Shared Accident Fault

The rule looks abstract until it meets a real crash. Three local scenarios show how fast the percentages move.

• The 91 at McKinley – Traffic stopped short and you did too, then a pickup hit you. The adjuster argues you braked too hard. A jury might give you 10 percent.
• Dos Lagos parking lot – Two cars back out at once and collide. Fault often splits 50-50, and in California you still collect half.
• Uninsured on Green River – A driver lets his policy lapse and gets hit by a drunk driver who runs a light. He recovers his bills and lost pay, but the uninsured rule costs him the claim for pain, which was the larger number.

Two Years to File, Every Point to Fight

Code of Civil Procedure § 335.1 gives you two years from the day you were hurt to file a lawsuit. Arguing with the adjuster about percentages doesn’t stop that clock.

Personal injury attorneys in Corona handle these cases by focusing on two things: how much of the crash was your fault and how much your injuries have cost you. Dashcam footage, the CHP report, traffic camera footage, and an accident expert can help show that you were less at fault. Medical records about future treatment, pay records, and a daily pain journal can help show the full value of your losses. Reducing your share of the blame and fully documenting your losses can help you recover more money.

Don’t Let the Adjuster Pick Your Share

In California, you can still receive compensation even if you were mostly at fault for a crash. Your payment is reduced based on your share of the blame. However, uninsured drivers and drivers who were intoxicated may face limits on recovering money for pain and suffering. If you were hurt in Corona, find out how much fault the insurance company is assigning to you before you agree to a settlement.