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Understanding Comparative Fault in Accident Cases | Kubota & Craig, Irvine, CA

Understanding Comparative Fault in Accident Cases

Understanding comparative fault in accident cases

As a personal injury attorney at Kubota & Craig in Irvine, CA, I’ve seen firsthand how accidents can lead to complex legal situations. One crucial aspect of personal injury law that often arises is the concept of comparative fault. In this blog post, I’ll shed light on what comparative fault means, its implications for your accident claim, and why seeking professional legal assistance is essential.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal doctrine applied in personal injury cases. It recognizes that accidents are rarely the result of a single party’s actions or negligence. Instead, multiple factors can contribute to an accident. Comparative fault seeks to assign a degree of fault to each party involved in an accident based on their actions or negligence.

How Does Comparative Fault Work?

Understanding how comparative fault works is crucial for anyone pursuing a personal injury claim. Here’s how it typically operates:

1. Assignment of Fault

After an accident, a thorough investigation is conducted to determine the circumstances and factors that led to the incident. This investigation helps assign a percentage of fault to each party involved, including the plaintiff (injured party) and the defendant (alleged at-fault party).

2. Impact on Compensation

The percentage of fault assigned to each party directly affects the compensation they may receive. In states that follow pure comparative fault rules, even a plaintiff who is partially at fault can still recover damages. However, the awarded compensation is reduced based on their percentage of fault. For example, if a plaintiff is found 20% at fault and is awarded $10,000, their compensation would be reduced to $8,000.

3. States with Modified Comparative Fault

Some states have modified comparative fault laws that impose a threshold. In these states, a plaintiff can only recover damages if their percentage of fault falls below a certain threshold, often 50%. If the plaintiff is deemed equally or more at fault than the defendant, they may not recover any compensation.

Why Seek Legal Representation?

Handling a personal injury claim involving comparative fault can be challenging without legal expertise. Here’s why it’s crucial to hire a personal injury attorney:

1. Legal Expertise

Personal injury attorneys have a deep understanding of the intricacies of comparative fault laws in your state. They can evaluate your case, assess your percentage of fault, and determine the best legal strategies to maximize your compensation.

2. Evidence Collection

Your attorney will gather and present evidence to support your claim while countering any arguments made by the opposing party. This includes witness testimonies, accident reports, medical records, and expert opinions.

3. Negotiation Skills

Even in cases involving comparative fault, negotiations with insurance companies and opposing parties are common. An experienced attorney can skillfully negotiate on your behalf, aiming to secure a fair settlement.

4. Protection of Your Rights

Your attorney will protect your rights throughout the legal process, ensuring that you aren’t unfairly blamed for an accident in which you had minimal or no fault.


Understanding comparative fault is vital when pursuing a personal injury claim. If you’ve been injured in an accident in Irvine, CA, it’s crucial to seek legal representation from Kubota & Craig. Our team of dedicated personal injury attorneys has the knowledge and experience to navigate complex cases involving comparative fault, working tirelessly to secure the compensation you deserve. Read more.


  • Disclaimer: The legal information presented in this article should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
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Josie FlemingJosie Fleming
03:58 31 May 23
I had the misfortune of being in a car accident near the Irvine Spectrum Center last year, but the amazing team at Kubota & Craig turned my luck around. They were friendly and helpful from day one, and thanks to their diligence, I received a great settlement. My family and I are truly happy with the results. Highly recommended.
Jayne PetersonJayne Peterson
12:52 21 May 23
Having been involved in my first car accident, I was feeling very stressed about it. But after searching for car accident lawyers in Irvine and speaking with Yoshi Kubota, I was definitely feeling better about what lie ahead of me. I had full confidence in their ability to get me the maximum amount possible in my situation. Even though they are a very busy firm, they always took the time to answer my questions and address my concerns. I'm so glad I went with this law firm. If you're in need of a car accident lawyer in Irvine, I highly recommend them for their expertise and exceptional service.
Elaine WrightElaine Wright
15:13 20 May 23
If you're in need of the best car accident lawyers in Orange County, California, look no further than Kubota & Craig. They provided top-notch service, and although I wouldn't wish an accident on anyone, I highly recommend them to represent you. Their team was great, and I was always so impressed with Yoshi who handled my case. He got me a fantastic result and was a class-act every step of the way.
Carmen SimpsonCarmen Simpson
05:40 19 May 23
As a satisfied client of Kubota & Craig, I highly recommend their services for anyone in need of an Orange County car accident lawyer. Yoshi and Cynthia's team were exceptional in handling my complex case with the utmost professionalism and efficiency. Throughout the process, they were always available to answer any questions or concerns I had, providing me with much-needed peace of mind. Dealing with insurance adjusters can be a daunting task, but Kubota & Craig made it stress-free. From start to finish, their dedicated team worked tirelessly to ensure that my case was resolved in my favor. I'm grateful for their assistance and thankful to have had such a great group of people by my side during this difficult time. For anyone seeking a reliable car accident lawyer in Orange County, I highly recommend Kubota & Craig.
Vickie StanleyVickie Stanley
09:56 18 May 23
Kubota & Craig provided excellent service as my car crash lawyer. They handled both my case professionally, efficiently, and honestly, helping me get the medical attention I needed and resolving issues with car insurance. The team kept us informed throughout the process and addressed any concerns. I highly recommend their firm.
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