Comparative Fault in Burbank Car Accident Claims

By Payam Soliemanzadeh, Founder and President

Key takeaways

• You can recover damages even if mostly at fault; your award is reduced by your fault percentage.
• Burbank Courthouse at 300 East Olive Avenue hears comparative negligence disputes in Los Angeles County.
• You have two years under CCP §335.1 or six months for government claims under Gov. Code §911.2.
• Crashes at Victory Boulevard, Route 134, and Interstate 5 often involve multiple parties and shared fault.

Burbank sits at the confluence of Interstate 5, State Route 134, and State Route 170, creating dense traffic where fault is rarely black and white. A lane change on San Fernando Boulevard or a merge onto the Golden State Freeway can involve split-second decisions by multiple drivers. When collisions happen in these corridors, insurers and defense attorneys scrutinize every driver's conduct to allocate blame.

California's pure comparative negligence rule directly governs how much you recover. Even when you bear significant responsibility, you retain the right to pursue compensation for your injuries. Understanding how judges and juries at Burbank Courthouse apply this standard—and how insurers use it during settlement—shapes every stage of your claim.

What pure comparative negligence means

California follows pure comparative negligence, not the modified threshold used in other states. You may recover damages even if you are 99% at fault; your award is simply reduced by that percentage. If your total damages are $100,000 and you're found 25% responsible, you recover $75,000. If you're 75% at fault, you recover $25,000. There is no bar to recovery based on your degree of fault.

This rule applies at trial and during settlement negotiations. Insurers calculate their offers by estimating what a jury would assign as your fault percentage, then discount accordingly. Defense counsel will highlight every action—a lane drift, delayed braking, distracted glance—to inflate your share of blame. Every piece of evidence, from traffic-camera footage on Olive Avenue to witness statements, becomes leverage in the fault negotiation.

How fault percentages are determined

Fault is a factual question decided by the jury or, in settlement, by the parties. Judges at Burbank Courthouse instruct jurors to consider Vehicle Code violations, driver conduct, road conditions, and the totality of circumstances. A violation such as speeding or failure to yield under Veh. Code §16025 creates a presumption of negligence, but it is not conclusive. The jury weighs all evidence to assign a percentage to each party.

During settlement, insurers rely on police reports, photos, repair estimates, and medical records to propose a fault split. If liability is unclear—say, a left-turn collision at Victory Boulevard and Hollywood Freeway where both drivers claim the green light—the insurer may offer 50% of damages to avoid trial. Your attorney counters with witness statements, traffic-signal timing records, and accident-reconstruction analysis to shift the allocation. Settlement is faster than trial, but the comparative fault calculation drives the number either way.

Strategic considerations for partially at-fault plaintiffs

If you know you share fault, early disclosure to your attorney is essential. Delaying or omitting facts invites impeachment at deposition or trial, which harms credibility more than the underlying fault. Your lawyer uses the comparative framework to highlight the defendant's greater culpability: excessive speed on Route 134, texting, running a red light, or driving under the influence. Punitive damages under Civ. Code §3294 may apply if the other driver's conduct involved malice or intoxication, magnifying your leverage even when you bear some fault.

You must also file within two years of the crash under CCP §335.1, or six months under Gov. Code §911.2 if a government entity—Burbank Transit, Caltrans, the city—is liable. Miss the deadline and comparative fault becomes moot; you recover nothing. Preservation of evidence matters equally: dashcam video, nearby business surveillance, and medical records from Huntington Hospital in Pasadena document both injury and the sequence of events. The sooner you act, the stronger your position in the fault negotiation.

Local details

Car accident claims arising in Burbank are filed in the North Central District of Los Angeles Superior Court at Burbank Courthouse, located at 300 East Olive Avenue, Burbank, CA 91502. The courthouse hears personal injury trials where judges instruct juries on California's pure comparative negligence standard. High-traffic corridors—Interstate 5 (Golden State Freeway), State Route 134 (Ventura Freeway), State Route 170 (Hollywood Freeway), Victory Boulevard, Olive Avenue, and San Fernando Boulevard—are frequent collision sites where multiple parties and conflicting accounts make fault allocation contentious.

Serious injuries from Burbank crashes are often treated at Huntington Hospital, a Level II trauma center at 100 West California Boulevard in Pasadena. Medical records from Huntington document the severity and causation of injuries, which jurors weigh alongside fault percentages. You must also comply with Veh. Code §20008 (written report to police or CHP within 24 hours of an injury crash) and Veh. Code §16000 (SR-1 report to the DMV within 10 days). These filings create the official record that insurers and courts rely on when apportioning fault.

Frequently Asked Questions

Can I still recover if I was mostly at fault for the accident?

Yes. California's pure comparative negligence rule allows recovery even if you are 51%, 75%, or 90% at fault. Your damages are reduced by your fault percentage, but you are not barred from recovery. If a jury finds you 80% responsible, you recover 20% of your total damages from the other driver.

How does comparative fault affect settlement negotiations?

Insurers estimate what a jury would assign as your fault percentage and discount their offer accordingly. If liability is disputed—such as a crash at San Fernando Boulevard and Route 134—they may offer 40% to 60% of full value. Your attorney counters with evidence to shift the allocation and increase the settlement within the two-year deadline under CCP §335.1.

What if the other driver was cited but I made a mistake too?

A Vehicle Code citation creates a presumption of negligence but does not eliminate your claim. The jury or insurer assigns a percentage to each party. If the other driver ran a red light on Victory Boulevard but you were speeding, the jury might find you 20% at fault and the other driver 80%. You recover 80% of your damages.

Does comparative fault apply if I sue a government entity?

Yes, but you must first file a claim with the government entity within six months under Gov. Code §911.2. If the city or Caltrans denies your claim, you may sue, and the same comparative fault rule applies at Burbank Courthouse. Your recovery is reduced by your percentage of fault, just as with a private defendant.

Related reading

• Car Accident Practice Area
• Burbank Car Accident Lawyer
• What Should I Do Immediately After a Car Accident in Pasadena, CA?
• What Should I Do Immediately After a Car Accident in Culver City, CA? - Essential Steps

Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.