{"id":6867,"date":"2026-11-08T05:15:10","date_gmt":"2026-11-08T05:15:10","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/decedent-fault-wrongful-death-california\/"},"modified":"2026-11-08T05:15:18","modified_gmt":"2026-11-08T05:15:18","slug":"decedent-fault-wrongful-death-california","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/decedent-fault-wrongful-death-california\/","title":{"rendered":"Wrongful Death Award and a Victim’s Own Fault in California"},"content":{"rendered":"\n
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Wrongful Death | Bakersfield, Kern County<\/p>

When a Loved One Dies in an Accident, Fault Still Matters Under California Law<\/h1>

Colvin Accident Lawyers helps families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano and Tehachapi understand how a victim's own fault may affect a wrongful death award.<\/p>

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By Donald Norman Colvin \u00b7 Published November 8, 2026<\/p>\n\n

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The Short Answer: Yes, the Decedent’s Fault Can Reduce a Wrongful Death Award<\/h2>\n

Yes.<\/p>\n

The answer depends on how fault is assigned in the specific case. The facts of the crash, the death, and the records decide that split. Keep two ideas in mind as you read. Fault is a percentage, not a simple yes-or-no label. And the decedent’s share is one piece of a larger calculation that can include other parties.<\/p>\n

Families often meet this question at a hard moment. A police report may list the person who died as a contributing factor. An insurer may send a letter that places blame on them. The question can feel personal, but the law treats it as a matter of percentages. Those percentages are what this page walks through.<\/p>\n\n

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If you are sorting out a death and a fault question right now, you do not have to face it alone. Our team can talk through the facts with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How California’s Pure Comparative Negligence Rule Works<\/h2>\n

Here is a simple example that uses percentages only. Suppose a jury finds the decedent 30 percent at fault. The family’s recovery drops by 30 percent of the total damages the jury assigns. The rest of the case still stands.<\/p>\n

How fault is assigned in an accident can affect how much compensation an injured person may be able to recover. Because the rule works on percentages, small shifts in the fault split can move the final figure by a meaningful amount. That is why each percentage deserves a careful look.<\/p>\n

Why the Wrongful Death Claim Depends on the Decedent’s Own Rights<\/h2>\n

The wrongful death claim grows out of the wrongful act that caused the death. That is why the other side can raise the decedent’s own negligence. Under Code of Civil Procedure \u00a7 377.60<\/a>, the people who may assert a wrongful death claim include a surviving spouse or domestic partner, the decedent’s children, and the issue of deceased children, and the decedent’s personal representative may also bring the claim on their behalf. If there is no surviving issue, the persons who would inherit the decedent’s property may bring it.<\/p>\n

Other relatives can also sue. Under the same section, a putative spouse, children of the putative spouse, stepchildren, or parents may bring the claim if they were dependent on the decedent. Legal guardians may bring it if the parents are deceased and either the parents would have been entitled to sue under subdivision (a) or the guardians were dependent on the decedent. A minor who lived in the decedent’s household for the previous 180 days, and relied on the decedent for one-half or more of support, may also bring it.<\/p>\n

The general rule on causing injury comes from California Civil Code \u00a7 1714<\/a>. A person is responsible for injury caused by a lack of ordinary care. That responsibility is limited to the extent the injured person, willfully or by want of ordinary care, brought the injury upon themselves. This is why the decedent’s own conduct comes up in these cases.<\/p>\n

The Survival Action and the Decedent’s Fault<\/h2>\n

A survival action can face the same fault question. A survival action carries forward the decedent’s own claim for harm suffered before death. Under Code of Civil Procedure \u00a7 377.30<\/a>, that claim passes to the decedent’s successor in interest. The personal representative may bring it, or the successor if there is none.<\/p>\n

Damages in this kind of action are limited. Under Code of Civil Procedure \u00a7 377.34(a)<\/a>, recoverable damages cover the loss the decedent sustained before death. They do not include damages for pain, suffering, or disfigurement. A narrow exception in \u00a7 377.34(b)<\/a> applies only to actions that received a preference before January 1, 2022, or were filed on or after January 1, 2022 and before January 1, 2026.<\/p>\n

Families often hear the two claims described together. Code of Civil Procedure \u00a7 377.62<\/a> allows a survival action to be joined with a wrongful death action arising from the same wrongful act. An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for trial as provided in Section 1048 (Cal. Code Civ. Proc. \u00a7 377.62<\/a>).<\/p>\n

Multiple Defendants and How Fault Is Divided<\/h2>\n

When more than one party may share blame, each defendant’s share of non-economic damages is generally limited to its own percentage of fault. Under California Civil Code \u00a7 1431.2<\/a>, in personal injury, property damage, or wrongful death actions based on comparative fault, each defendant’s liability for non-economic damages is several only and not joint, and each defendant is liable only for the share of non-economic damages allocated to it in direct proportion to its percentage of fault.<\/p>\n

For purposes of Cal. Civ. Code \u00a7 1431.2<\/a>, “economic damages” means objectively verifiable monetary losses, including medical expenses and loss of earnings, while “non-economic damages” means subjective, non-monetary losses, including pain, suffering and emotional distress. Under \u00a7 1431.2(b)(1)<\/a>, economic damages are objectively verifiable monetary losses. Examples include medical expenses, loss of earnings, burial costs, and loss of business or employment opportunities. Under \u00a7 1431.2(b)(2)<\/a>, non-economic damages are subjective, non-monetary losses. Examples include pain, suffering, emotional distress, and loss of society and companionship.<\/p>\n

For a family, this split matters. Burial costs and lost income fall in the first group. Loss of companionship falls in the second.<\/p>\n

A multi-party case has several fault numbers.<\/p>\n

How Fault Is Proven: Police, CHP, and Coroner Evidence<\/h2>\n

Fault percentages usually rest on several kinds of evidence. Common sources include traffic collision reports, witness statements, photographs, vehicle data, and medical examiner or coroner findings. Each one can point toward a different split of responsibility.<\/p>\n

An official report is evidence, not the final word. A report may name a cause of the crash, but a jury weighs the full body of evidence before it assigns percentages. Families sometimes treat a report’s conclusion as settled. It is a starting point, and the rest of the record can support or challenge it.<\/p>\n

Statements from others follow their own rules. Under California Evidence Code \u00a7 1160<\/a>, statements expressing sympathy relating to the pain, suffering, or death of a person involved in an accident, and made to that person or to the family of that person, are inadmissible as evidence of an admission of liability in a civil action. A statement of fault that is part of or added to such a statement is not protected. That distinction matters when a family hears from an insurer or another party.<\/p>\n

You can review them through the CACI civil jury instructions<\/a> page.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

Punitive Damages Are a Separate Question From Comparative Fault<\/h2>\n

Punitive damages turn on the defendant’s conduct, not on the decedent’s fault percentage. Under California Civil Code \u00a7 3294(a)<\/a>, punitive damages in a non-contract case require clear and convincing evidence of oppression, fraud, or malice. Under \u00a7 3294(c)<\/a>, malice means conduct intended to cause injury, or despicable conduct carried on with willful and conscious disregard of others’ rights or safety.<\/p>\n

Corporate employers face extra limits. Under \u00a7 3294(b)<\/a>, an employer is not liable for punitive damages based on an employee’s acts unless specific conditions are met. Cal. Civ. Code \u00a7 3294<\/a> reads: “(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice.” For a corporate employer, the conduct must be by an officer, director, or managing agent.<\/p>\n

The survival action has its own rule. Under \u00a7 377.34(a)<\/a>, the damages recoverable are limited to the loss or damage the decedent sustained or incurred before death, including any punitive or exemplary damages the decedent would have been entitled to recover had they lived, and do not include damages for pain, suffering, or disfigurement. Code of Civil Procedure \u00a7 377.34(a)<\/a> allows recovery of penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived. A fault percentage on the decedent’s side does not answer that question on its own.<\/p>\n

Key Takeaways for Families Reviewing the Fault Question<\/h2>\n

For a broader view of how these claims are handled, read our wrongful death lawyer overview<\/a>.<\/p>\n

Frequently Asked Questions<\/h3>
Does the victim’s own fault reduce a wrongful death award in California?<\/summary>

Yes.<\/p><\/details>

Does partial fault end a wrongful death claim?<\/summary>

No. Partial fault reduces the award, and it does not by itself end the claim.<\/p><\/details>

How does Section 1431.2 limit each defendant’s non-economic damages?<\/summary>

Civil Code \u00a7 1431.2<\/a> limits each defendant’s non-economic damages to that defendant’s own share of fault. Each defendant is liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault.<\/p><\/details>\n

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When Someone You Love Has Died and the Fault Question Is Already Being Raised<\/h2>\n

You may be reading this while handling a death. You may have heard that the person you lost is being blamed, and you did not choose any of this. Deadlines also matter. Under Code of Civil Procedure \u00a7 335.1<\/a>, the general limit for an action for injury to, or for the death of, an individual caused by another’s wrongful act or neglect is two years, so timing is worth reviewing early.<\/p>\n

If you are sorting out a fault question after a loss, you do not have to face it alone. Colvin Accident Lawyers is based in Bakersfield, and our team can talk through the facts of your situation with you. Our first consultation is free, confidential, and comes with no obligation to continue. Contact our team<\/a> to start that conversation.<\/p>\n\n<\/article>\n