Comparative Fault in Van Nuys Car Accident Claims

By Payam Soliemanzadeh, Founder and President

Key takeaways

• California pure comparative fault lets you recover even at 99% fault, reduced proportionally.
• Van Nuys Courthouse East at 6230 Sylmar Avenue hears all comparative-fault disputes in this area.
• Evidence from the 101, 405 or 170 freeways often decides fault percentages in contested claims.
• You have two years under CCP §335.1, or six months under Gov. Code §911.2 for government defendants.

Crashes along the Ventura Freeway, San Diego Freeway and Hollywood Freeway in Van Nuys rarely involve clear-cut liability. Lane changes on the 405 near Sepulveda Boulevard, merges onto the 101 at Van Nuys Boulevard, and left turns across Victory Boulevard produce contested fault questions daily. When both drivers share responsibility, California's comparative-fault rule controls your recovery.

Understanding how fault percentages are assigned and reduced can mean tens of thousands of dollars in a serious car accident claim. Jurors, adjusters and judges in Los Angeles County apply the same pure-negligence standard, but the evidence you preserve in the first hours after the collision determines the outcome. Early action protects your financial recovery when fault is disputed.

Pure comparative negligence explained

California follows pure comparative negligence, not modified or contributory rules used elsewhere. You may recover damages even if you are 90% at fault; your award is simply reduced by that percentage. If your total economic and non-economic damages equal $100,000 and you are 40% responsible, you collect $60,000. No threshold bars recovery based on your degree of fault.

This differs sharply from modified comparative-fault states, which bar recovery above 50% or 51% fault, and from contributory-negligence jurisdictions, which deny any recovery if you bear even 1% responsibility. California's rule benefits plaintiffs in multi-vehicle collisions on the 101 or 405, where several drivers contribute to a chain-reaction crash and liability is shared across multiple parties.

How fault percentages are determined

Fault allocation begins with the police report filed under Veh. Code §20008, which requires a written report within 24 hours of an injury crash. Officers documenting collisions at Van Nuys Boulevard and Victory Boulevard or on the 170 at Roscoe note lane positions, skid marks, witness statements and Vehicle Code violations. That initial assessment shapes every subsequent negotiation and, if the case proceeds to trial, jury instructions at Van Nuys Courthouse East.

Insurance adjusters and defense attorneys scrutinize traffic-camera footage, event-data recorder downloads and cellphone records to argue higher plaintiff fault. Photographs of sight lines, road conditions and traffic-control devices along Sepulveda Boulevard or the 405 become exhibits. Comparative negligence is a fact question: the jury hears all evidence and assigns percentages in its verdict, which the court then applies to reduce your award mathematically.

Practical consequences for your claim

Higher fault percentages shrink every damage category proportionally—medical bills paid by Dignity Health Northridge Hospital Medical Center, wage loss, property repair and non-economic pain-and-suffering awards all drop by your fault share. A $200,000 settlement offer becomes $120,000 at 40% fault. Defense counsel use comparative negligence to pressure early low-value settlements before you gather rebuttal evidence, so immediate documentation is critical.

Comparative fault also interacts with California's minimum-liability rules and uninsured-motorist coverage. Since January 1, 2025, drivers must carry $30,000 per person and $60,000 per accident in bodily-injury liability under the updated requirement. When the at-fault driver carries only the minimum and you share responsibility, your reduced recovery may exhaust that policy, forcing you to tap your own UM/UIM coverage—which California law requires insurers to offer under Veh. Code §16056, though you may waive it in writing.

Local details

Personal injury cases arising from crashes in Van Nuys are filed in the Northwest District of Los Angeles Superior Court at Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys, CA 91401. Your complaint must allege the defendant's negligence, your damages and any comparative-fault affirmative defenses the defendant pleads. The courthouse serves all of Van Nuys, and judges there apply the same pure-negligence instruction to collisions on U.S. 101, Interstate 405 and State Route 170, as well as surface streets like Van Nuys Boulevard, Sepulveda Boulevard and Victory Boulevard.

Severe injuries from high-speed freeway crashes typically result in transport to Dignity Health Northridge Hospital Medical Center at 18300 Roscoe Boulevard, Northridge, CA 91325, a Level II trauma center. Medical records from Northridge Hospital document the nature and timing of your injuries, which becomes critical evidence when the defense argues that pre-existing conditions or delayed treatment—not the collision—caused your harm. You must file within two years under CCP §335.1, or within six months under Gov. Code §911.2 if a government entity is liable.

Frequently asked questions

Can I still recover if I was speeding when the other driver ran a red light?

Yes. California pure comparative negligence allows recovery even when you violated the Vehicle Code, but your speeding will increase your fault percentage. If the jury finds you 25% at fault for exceeding the limit on Van Nuys Boulevard and the defendant 75% responsible for the signal violation, you recover 75% of your proven damages.

Does my insurance company see the fault percentage assigned in my claim?

Yes. Any settlement, arbitration award or jury verdict that allocates comparative fault becomes part of your claim file and may influence your premium at renewal. California allows insurers to consider at-fault accidents when setting rates, so even partial responsibility can have long-term costs beyond the immediate recovery reduction.

What happens if the jury cannot agree on exact fault percentages?

The jury must reach a verdict on liability and damages; if it cannot agree on fault percentages, the judge may declare a mistrial and the case is retried. In practice, jurors at Van Nuys Courthouse East receive detailed comparative-negligence instructions and typically assign percentages that reflect the weight of evidence presented, even in close cases.

Can the defendant be found 100% at fault even if I made a minor mistake?

Yes. Not every plaintiff action constitutes legal negligence. If your conduct did not breach a duty of care or did not contribute to the collision, the jury may assign you 0% fault. For example, driving slightly below the speed limit in rain on the 405 is prudent, not negligent, even if the defendant argues you should have driven faster.

Related reading

• Car Accident Practice Area
• Van Nuys Car Accident Guide
• 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

Sources

• California Legislative Information
• California Courts
• California DMV

Talk to a Van Nuys car accident attorney

Our California personal injury attorneys offer a free, confidential case review. Call (800) 800-8910 any time, day or night, or request a free case review.

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.

About the author

Bob Amirian — Co-Founder and Partner, California Personal Injury Attorneys

Bob Amirian is a Co-Founder and Partner of California Personal Injury Attorneys. Bob has made personal injury claims the focus of his practice, handling cases involving motor vehicle accidents, bicycle accidents, pedestrian accidents, motorcycle accidents, uber/lyft accidents, and premises liability claims. Bob graduated summa cum laude from UCLA.  After UCLA, Bob went to law school at Georgetown University in Washington DC. While at Georgetown, Bob worked for Senator Spencer Abraham of Michigan in the Judiciary Committee. Bob also studied law at Hong Kong University through Duke University Law School.  After graduating law school, Bob worked as a federal appellate law clerk for Chief Judge Sharon Prost of the Federal Circuit. After his clerkship, Bob worked at Venable LLP representing clients such as Walmart and Sodexo Marriot. Bob specializes in navigating the complexities of personal injury cases with skill and precision.

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