What If You Were Partly at Fault for a Crash in Hawthorne?

By Alina Bagasian

A plain-English guide for Hawthorne residents on car accident claims in California — the deadlines that apply, how fault is decided, and what to do next.

If you were partly at fault for a crash in Hawthorne, California, you can still recover compensation — California's pure comparative negligence rule means your payout is reduced by your share of fault, not eliminated by it. So if you were found 30% responsible for a collision, you can still recover 70% of your total damages. The key is understanding how fault gets divided and making sure your percentage isn't inflated by insurers who benefit when they shift blame your way. Speaking with a personal injury attorney in the Hawthorne area is the fastest way to get an honest read on where you stand.

If you're sitting there thinking "but I did something wrong too — does that mean I can't get anything?" — you're not alone. That fear is one of the most common things people feel after a crash, and insurance adjusters know it. They use it. The truth is, California law was built with this exact situation in mind, and being partly at fault does not close the door on your claim. You have options, even if the accident wasn't 100% the other driver's fault.

How California's Fault Rules Work — and Why They Protect You

California follows a legal principle called pure comparative negligence. What that means in plain English: everyone involved in a crash can be assigned a percentage of fault, and each person's compensation is reduced by their own share. If a jury decides you were 40% at fault and the other driver was 60% at fault, you recover 60% of your total damages. You don't get nothing. You get less — but you get something.

This rule applies no matter how high your percentage of fault is. Even someone who is 99% at fault can technically recover 1% of their damages under California law. There is no cutoff point where your claim disappears because you share some blame. That's what makes California's system different from states that bar recovery entirely once you're over a certain threshold.

How fault percentages actually get decided

Fault isn't something anyone decides alone. It's a negotiation between insurance companies, and if no agreement is reached, a judge or jury decides it at trial. Several factors shape where the percentages land: police reports, witness statements, traffic camera footage, vehicle damage patterns, road conditions, and whether anyone violated a traffic law at the moment of impact.

Here's what's important to understand: insurance adjusters are not neutral. When the other driver's insurer investigates your claim, their goal is to push your fault percentage as high as possible. Even a small shift — say, from 20% to 40% — meaningfully reduces what they have to pay you. Having an attorney in your corner means someone is watching that process and pushing back when the numbers don't reflect reality.

What Prop 51 means if multiple parties are involved

California Civil Code § 1431.2 — known as Proposition 51 — adds a layer that matters when there are multiple defendants. For non-economic damages like pain and suffering, each defendant is only responsible for their own share of fault. They can't be forced to cover another defendant's portion. For economic damages like medical bills and lost wages, joint and several liability still applies. This distinction matters a lot in complex crashes involving multiple vehicles or a combination of private drivers and public entities.

What Could Affect Your Fault Percentage in a Hawthorne Crash

Common situations where shared fault comes up include rear-end collisions where the front driver changed lanes abruptly, left-turn accidents where both drivers argue the other ran a yellow light, freeway merges where lane position is disputed, and crashes where one driver was speeding but the other failed to yield. None of these automatically mean you carry all the blame — or that you're equally at fault.

Traffic violations and how they factor in

If you received a citation at the scene — speeding, running a red light, failing to signal — the other side will try to use that ticket as evidence of fault. It matters, but it's not the end of the story. A traffic citation shows a rule was broken; it doesn't automatically assign a specific percentage of fault. An attorney can help contextualize that citation within the full picture of how the crash actually happened.

What happens if a city or public agency is partly responsible

Sometimes the road itself contributed — a faded crosswalk, a broken signal, a poorly timed light, a pothole in a critical spot. If a city, county, or public agency's negligence played a role in your Hawthorne crash, there's an additional deadline you have to know about. You must file a formal claim against a public entity within six months of the crash (Gov. Code § 911.2). Miss that window, and you almost certainly lose the right to sue that entity — regardless of your two-year deadline under CCP § 335.1 for private parties. These two deadlines always run at the same time, and you can't assume you have the longer one.

The timeline for filing your claim

For a standard car accident claim against a private driver in Hawthorne, you have two years from the date of the crash to file a lawsuit (CCP § 335.1). That window sounds long, but evidence disappears quickly — witnesses forget details, surveillance footage gets deleted, skid marks fade. The sooner you act, the stronger your case tends to be. And again, if a public entity is involved, that six-month government claim deadline (Gov. Code § 911.2) kicks in much sooner, and it has its own strict rules. Deadlines like these have exceptions, and your specific situation should always be confirmed with an attorney.

Mistakes that can hurt your case

One of the biggest mistakes people make after a partially-at-fault crash is saying too much, too soon. A quick "I'm sorry" at the scene, a recorded statement to an adjuster before you've spoken to a lawyer, or a social media post about the accident can all be used to inflate your fault percentage. Be careful about what you say, and to whom.

Another common mistake: accepting a quick settlement offer without understanding what you're giving up. Early offers often come before the full extent of injuries is known. Once you settle, you typically can't go back for more — even if your recovery takes longer or costs more than expected.

Where Car Accidents Happen Most in Hawthorne

Editor note: Verified intersection crash data for Hawthorne has not been added to this draft yet. Add the intersection rows via CSV import or the intersection editor before publishing.

What to Do Next if You've Been Injured in Hawthorne

  1. Get medical care right away. Even if you feel okay, some injuries don't show up for days. A medical record created close to the crash date is one of the most important pieces of evidence in any personal injury claim.
  2. Don't give a recorded statement to the other driver's insurer. You're not required to, and anything you say can be used to raise your fault percentage. Politely decline until you've spoken with an attorney.
  3. Gather everything you can. Photos of the scene, damage to both vehicles, your injuries, the road conditions, any traffic signals or signs nearby. Get the names and contact information of witnesses before they leave.
  4. Request the police report. If CHP responded to your crash, you can request the official report using Form CHP 555. If Hawthorne Police responded, contact their department directly. Your attorney can also help obtain this.
  5. Check whether a public entity is involved. If a government agency, city vehicle, or road defect played any role in your crash, flag this immediately — that six-month government claim deadline (Gov. Code § 911.2) waits for no one.
  6. File a DMV SR-1 if required. California drivers must file a DMV SR-1 report within 10 days of any crash involving injury, death, or property damage over a threshold amount. Your attorney can help you determine whether this applies to you.
  7. Talk to a personal injury attorney before you settle anything. The consultation is free.The consultation is free, and our written fee agreement explains all fees and costs before you decide anything. You have nothing to lose by getting an honest opinion about what your claim is worth.

Frequently Asked Questions About Fault and Car Accidents in Hawthorne

Can I still sue if I was more than 50% at fault for the crash?

Yes. California's pure comparative negligence rule does not cut off recovery at any fault percentage. Even if you were found majority at fault, you can still recover the portion of damages that corresponds to the other party's share of responsibility. The recovery will be smaller, but it isn't zero.

What if the other driver's insurance company says I was mostly at fault?

An insurer's fault determination is not final — it's a negotiating position. You have the right to dispute it, present your own evidence, and if necessary, take the matter to court where a neutral judge or jury decides. An attorney can help you build a counter-narrative with evidence, accident reconstruction, and witness accounts.

Will a traffic ticket I received at the scene ruin my claim?

Not necessarily. A citation shows a rule may have been broken, but fault percentages in a civil claim are determined by all the circumstances — not just one factor. It's possible to receive a ticket and still recover meaningful compensation if the other driver's conduct also contributed to the crash.

Does shared fault affect both my economic damages and my pain and suffering?

Yes. Under California's comparative negligence system, your share of fault reduces all categories of damages proportionally — medical bills, lost wages, and non-economic damages like pain and suffering are all reduced by your fault percentage. California Civil Code § 1431.2 does create a distinction for non-economic damages when multiple defendants are involved, but the basic proportional reduction applies across the board.

How long do I have to file a car accident claim in Hawthorne?

Most car accident claims against private parties must be filed within two years of the crash date (CCP § 335.1). If a city, county, or public agency was involved — a government vehicle, a poorly maintained road, a broken signal — you must present a formal claim within six months (Gov. Code § 911.2). Both deadlines can run simultaneously, and missing either one can cost you your claim entirely. Exceptions exist, so confirm your specific deadline with an attorney.

What if I didn't realize I was injured until days after the crash?

Delayed injury symptoms are extremely common after car accidents — whiplash, soft tissue damage, and even traumatic brain injuries sometimes take days to surface. The two-year clock under CCP § 335.1 generally starts at the date of the crash, not the date you discovered the injury, so it's important to see a doctor quickly even if you feel fine and to speak with an attorney about your situation.

Can I handle a partially-at-fault claim on my own without an attorney?

You can, but it puts you at a real disadvantage. Insurance companies handle these claims every day — you probably haven't done this before. When fault is disputed, the gap between what you negotiate alone and what an attorney recovers tends to be significant. The free consultation costs you nothing, and you'll at least know what you're dealing with.

If you're not sure what your next step should be, just call us at 888-585-2529. Tell us what happened, and we'll give you an honest answer about whether we can help — no pressure, no cost, just a real conversation. That free consultation could change the direction of everything. You don't have to figure this out alone.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions vary based on the facts of your case — please confirm all timelines with a licensed California attorney before taking action.

Where can you read more about Hawthorne injury claims?

These pages cover the same ground for Hawthorne and the neighborhoods around it.

This is general information, not legal advice. Prior results do not guarantee a similar outcome.