Inland Empire Car and Truck Accident Law Podcast with Deborah Song

Is California a No-Fault State? California's pure comparative negligence rule

Episode 6 • 52:01

Fault is where an Inland Empire car accident case is won or lost, and California's rule surprises most people: even a driver who was mostly to blame can still recover. Deborah Song, Founder and Managing Attorney at Empire Law, breaks down how fault really gets decided, why the police report never has the final word, and the tactics insurers use to shift blame onto you. Questions answered in this episode: Is California a no-fault state, and how does comparative negligence actually work? If you're found 90% at fault, can you still recover money? Who actually decides a fault percentage: the adjuster, the officer, or a jury? What evidence decides a fault dispute when the two sides disagree? Why should you never give a recorded statement to the other driver's insurer? Does a traffic citation settle who was at fault in a civil claim? Topics covered: California's pure comparative negligence rule, the four elements of negligence, traffic collision reports versus civil liability, accident reconstruction experts, recorded statements and insurer fault-shifting tactics, multi-vehicle pileup fault apportionment, the rear-end collision presumption, intersection right-of-way under the California Vehicle Code, cell phone record subpoenas, government entity claims, and the California seatbelt defense. California law referenced: California's pure comparative negligence rule (Li v. Yellow Cab Co. of California, 1975), the California Vehicle Code governing right-of-way and distracted driving, the California seatbelt defense, and the six-month government claims deadline versus the standard two-year statute of limitations. Deborah Song on comparative negligence: "If you are found 90% at fault, you are still legally entitled to recover the remaining 10% of your total damages." Deborah Song on recorded statements: "You must never agree to give a recorded statement to the other driver's insurance company." Deborah Song, Founder and Managing Attorney of Empire Law (CA Bar #337172), known as the "Queen of Sanctions," prepares every case as if it is going to trial and works on contingency, no fee unless she wins. empireatty.com | (951) 724-5307 | Inland Empire, California #ComparativeNegligence #CaliforniaFaultLaw #InlandEmpireCarAccident #NorcoCarAccidentLawyer #CarAccidentEvidence #EmpireLaw This podcast is for informational purposes only and does not constitute legal advice. Watching this podcast does not create an attorney-client relationship. Past results do not guarantee future outcomes. Chapters 00:00:00 Welcome back to Inland Empire Car and Truck Accident Law with Deborah Song 00:03:00 What Does Negligence Mean in a California Car Accident Case? 00:04:39 What Is California's Pure Comparative Negligence Rule? 00:06:45 If You're 90% at Fault, Can You Still Recover 10%? California Settlement Law 00:08:04 How Does a 20-30% Fault Share Change Your Settlement in California? 00:09:45 Who Actually Decides Fault? Adjuster, Officer, or a California Jury 00:11:46 How Much Weight Does a Crash Report Carry in California? 00:13:47 What Evidence Determines Fault in a Disputed Case in the Inland Empire? 00:17:07 When Does a California Case Need an Accident Reconstruction Expert? 00:21:08 Why Never Give a Recorded Statement After an Inland Empire Crash? 00:24:17 What Tactics Do Insurers Use to Shift Fault Onto You in California? 00:28:37 How Does Fault Get Split in an I-10 Multi-Vehicle Pileup? 00:33:33 Is the Rear Driver Always at Fault in a California Rear-End Crash? 00:36:42 How Is Fault Determined in a Norco Intersection or T-Bone Crash? 00:40:11 Does a Traffic Citation Settle Fault in a California Injury Case? 00:43:30 How Can You Prove Distracted Driving in California? 00:47:13 Can a Bad Road in Norco Shift Fault Away From Both Drivers? 00:50:24 Does Not Wearing a Seatbelt Hurt Your California Injury Claim? 00:52:28 What Does an Inland Empire Lawyer Do When Fault Is Contested? 00:55:29 Deborah Song's Final Word on Fault and Comparative Negligence