What Happens if the Deceased Was Partially at Fault?
If the deceased was partially at fault for the accident that caused their death, the family can still file a wrongful death claim in California, but the compensation is reduced by the deceased’s percentage of fault. California follows a pure comparative negligence system, which means a claim is never automatically barred by the victim’s own negligence. Even if the deceased was mostly at fault, the family can still recover the portion of damages attributable to the other party.
For example, if a jury awards $1 million in damages and finds the deceased 30% at fault, the family’s recovery is reduced to $700,000. Unlike some states that bar recovery if the victim was 50% or 51% at fault, California places no cutoff on recovery.
How Is Fault Determined After the Victim Has Died?
Because the deceased cannot explain what happened, fault must be established through independent evidence. Common sources include:
- Police and accident reports
- Witness statements
- Photographs and video footage, including surveillance and dash cam recordings
- Vehicle or property damage
- Medical records and autopsy findings
- Cell phone and electronic data
- Expert testimony
- Accident reconstruction
Preserving this evidence quickly is especially important in a wrongful death case.
What Are Common Situations Where the Deceased May Share Fault?
Shared fault arises in many fatal accident scenarios, including:
- A driver was speeding when another vehicle ran a red light and caused the crash
- A pedestrian crossed outside a crosswalk but was struck by a distracted driver
- A motorcyclist was traveling too fast when another driver made an unsafe turn
- A person failed to notice a dangerous condition that a property owner should have corrected
- Multiple parties all contributed to the chain of events leading to the death
In each of these situations, the deceased’s conduct may reduce the recovery, but it does not erase the other party’s responsibility.
Who Decides the Percentage of Fault?
If a wrongful death case settles, the parties may negotiate the value of the claim based in part on their competing views of comparative fault. If the wrongful death case goes to trial, the jury generally decides how fault should be allocated, and the court reduces the damages accordingly. Because there is no precise formula for assigning fault, the outcome often depends on how persuasively each side presents the evidence.
How Can a Wrongful Death Lawyer Help if My Loved One Shared Fault?
When the defense argues that your loved one caused their own death, you need someone in your corner ready to fight back. A Roseville fatal accident lawyer can conduct an independent investigation, preserve evidence before it disappears, and work with accident reconstruction experts to establish what really happened. Your attorney can challenge exaggerated or unsupported fault allegations, push back against lowball settlement offers, and make sure the deceased’s share of blame is not inflated to protect an insurance company’s bottom line.
Even a small shift in fault percentages can mean the difference of hundreds of thousands of dollars in a significant case. Losing a loved one is hard enough without having to defend their memory against unfair blame. If your family member was killed in an accident, even if they may have shared some responsibility for what happened, you may still be entitled to substantial compensation. Contact our California wrongful death lawyers today for a free, confidential consultation