After a car accident, you may feel tempted to admit that you were partially responsible — especially if you’re trying to be honest or cooperative. However, admitting fault after an accident is one of the most damaging mistakes you can make in a personal injury claim.
Fault is a legal conclusion, and anything you say at the scene can be used against you. Even a small admission such as “I might have been going a little fast” can be twisted into an argument that you were 100% responsible. Instead of accepting blame, contact an attorney immediately. Your lawyer will investigate the facts, evaluate liability, and present your version of events in the strongest possible light. Ultimately, the insurance company — or if necessary, a judge or jury — will determine fault based on the evidence.
When you meet with a personal injury attorney, everything you discuss is confidential. You should always be completely honest and share every detail related to the accident, including:
Where you were going and how you were driving
Lane position, road conditions, and your speed
Whether a police report was filed
Whether you had passengers
Any interaction with the other driver
Your insurance information
It is equally important to be open about your injuries and medical history. Do not exaggerate or minimize what you’re feeling. Pain, bruising, and any physical limitations should be communicated to your attorney right away.
Your past medical conditions also matter. While they can be used by insurance companies to argue against your claim, they can also increase the value of your case. For example:
If a pre-existing neck condition is aggravated by the accident, the defendant may owe additional compensation.
If a pre-existing condition was not affected, it will not harm your claim.
Your attorney needs a full understanding of your health to build an effective strategy.
California is a pure comparative fault state. This means every party involved in a crash can be assigned a percentage of fault — anywhere from 0% to 100%.
Your compensation is then reduced by your percentage of fault. For example:
If you are awarded $100,000
And found 20% at fault
You would still recover $80,000
Even if you were mostly responsible, you may still recover some damages. This is why you should never assume liability without legal advice.
Yes — failing to wear a seatbelt can impact the value of your personal injury claim. Under California’s comparative fault laws, an insurance company may argue that:
Some of your injuries would have been avoided
Your injuries were worsened due to not wearing a seatbelt
This can lead to a reduction in damages. However, the only way to know how much this will affect your claim is to consult an experienced personal injury attorney. The key question becomes: Would you have been injured if you had been wearing a seatbelt?
California law sets strict deadlines for filing a personal injury case:
Car accidents and most negligence cases: 2 years from the date of injury
Medical malpractice: 1 year
You must either settle the case or file a lawsuit within the deadline to preserve your legal rights. Missing the statute of limitations means you lose the ability to seek compensation.
Yes. Under California’s comparative fault system, your damages are reduced by your percentage of fault.
No. Never admit fault to the police, insurance companies, or other drivers. Always speak with an attorney first.
It may reduce your compensation, depending on whether your injuries would have been avoided by wearing one.
You have two years to file most personal injury claims, and one year for medical malpractice.
If you were injured in a car accident — even if you believe you were partially at fault — you still have rights. Bakersfield Personal Injury Attorney Donald Colvin has decades of experience representing injured victims and navigating California’s complex liability laws.
Don’t wait. Call (661) 616-1177 today for a personalized consultation and learn how to protect your claim and pursue the compensation you deserve.
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