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

By Alina Bagasian

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

Being partly at fault for a car accident in Torrance does not automatically disqualify you from recovering compensation. California follows a rule called pure comparative negligence, which means your payout is reduced by your percentage of fault — but you can still recover even if you were mostly to blame. So if you were found 40% at fault, you could still recover 60% of your total damages. The key is building the strongest possible case around the percentage of fault that belongs to the other driver.

If you walked away from a crash in Torrance wondering whether you even have a case — because maybe you were speeding, or you ran a yellow light, or you were distracted for a moment — you're not alone in that fear. A lot of people assume shared fault means no case. That assumption can cost them everything. California law is actually more forgiving than most people expect: being partly responsible for an accident doesn't erase your right to compensation. It adjusts it. And understanding that difference could matter a great deal to your recovery, your medical bills, and your financial future.

How California's Comparative Negligence Rule Actually Works

California uses what's called pure comparative negligence — a rule that allows injured people to recover damages even when they share some of the blame for a crash. Your total compensation is simply reduced by whatever percentage of fault is assigned to you. There's no cutoff. Even someone who was 90% responsible for a collision can technically recover the remaining 10% of their damages.

This matters a lot in real-world crashes. Insurance adjusters and defense attorneys often try to inflate your share of fault to reduce what they owe you. If they can convince a jury or a claims adjuster that you were 60% at fault instead of 30%, they cut their payout in half. Knowing this is their strategy helps you understand why having solid legal representation makes such a difference.

How fault percentages get decided

Fault is determined by looking at all the facts: police reports, witness statements, traffic camera footage, vehicle damage patterns, road conditions, and expert reconstruction of how the crash happened. Both drivers' actions are weighed against what a reasonably careful person would have done in the same situation.

Common scenarios where shared fault comes up in Torrance crashes include situations where one driver ran a red light but the other was speeding, or where a lane change went wrong but both drivers failed to signal. The facts determine the split — and the facts can often be argued.

What Proposition 51 means for you

California Civil Code § 1431.2 — known as Proposition 51 — creates an important distinction between economic and non-economic damages in cases with multiple defendants. Economic damages like medical bills and lost wages remain jointly owed, meaning any defendant can be held responsible for the full amount. But non-economic damages like pain and suffering are divided separately among defendants based on each one's individual share of fault. This can affect how much you ultimately recover if more than one party caused your crash.

What Affects How Much You Can Still Recover

The percentage of fault assigned to you is only one piece of the picture. The total value of your recoverable damages depends on several other factors, and none of them involve guessing at dollar amounts upfront.

The severity of your injuries

More serious injuries typically mean higher medical costs, longer recovery times, and greater impact on your ability to work and live your life. All of those things factor into the total damages pool — which is then reduced by your fault percentage. Someone with significant injuries who is found 30% at fault may still recover substantially more than someone with minor injuries who is found 0% at fault.

Your ability to document everything

Medical records, emergency room visits, follow-up appointments, physical therapy, prescription costs, missed work days — all of it needs to be documented and connected clearly to the crash. Gaps in treatment or delays in seeking medical care can be used against you, especially when your fault is already being questioned.

The other driver's insurance coverage

California requires drivers to carry minimum liability insurance — at least $30,000 per person and $60,000 per accident for policies issued or renewed since January 1, 2025. But minimums don't always cover serious injuries. If the at-fault driver is underinsured, your own uninsured/underinsured motorist coverage may become part of the picture.

Whether a public entity is involved

If a dangerous road condition — a broken signal, a pothole, poor signage — contributed to your crash, a city or county agency might share liability. Claims against public entities in California must be presented within six months of the incident (Gov. Code § 911.2). That's a much shorter window than the two-year deadline that applies to private defendants (CCP § 335.1), and missing it can permanently bar your claim. The minor-tolling rule that normally pauses deadlines for children does not apply to Government Claims Act cases (CCP § 352(b)).

Deadlines and Common Mistakes to Avoid

You have two years from the date of your crash to file a personal injury lawsuit in California (CCP § 335.1). If the accident was fatal, the family has two years from the date of death to bring a wrongful death claim under the same statute. These deadlines have exceptions — an attorney needs to review your specific situation to confirm what applies to you.

Don't accept a quick settlement

Insurance companies sometimes reach out fast with a settlement offer, especially when they believe you were partly at fault. Early offers rarely reflect the full value of your claim because the true extent of your injuries often isn't clear yet. Accepting a settlement closes the door permanently.

Don't admit fault — even casually

Saying "I'm sorry" at the scene, or making an offhand comment to an adjuster, can be framed as an admission of fault. Stick to the facts when speaking with anyone other than your attorney.

Don't skip medical care

Some injuries — especially soft tissue damage and concussions — don't feel serious right away. Going to the emergency room or an urgent care clinic after a crash, even if you feel okay, creates a medical record that ties your injuries to the accident. Waiting makes that connection much harder to prove.

Where Car Accidents Happen Most in Torrance

Editor note: Verified intersection crash data for Torrance 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 Torrance

Get medical attention right away. Your health comes first, and a medical record from shortly after the crash is one of the most important pieces of evidence in your case.
Call the police if you haven't already. A police report documents the basic facts of the crash. You can request a copy from the responding agency once it's filed. If CHP responded, crash reports are requested using Form CHP 555.
Gather what you can at the scene. Photos of vehicle damage, road conditions, skid marks, traffic signals, and injuries are all useful. Get contact information from witnesses.
Notify your own insurance company. California law requires you to report an accident, but be careful about what you say. Stick to the basic facts — you can let your attorney handle the rest.
File a DMV SR-1 form if required. If anyone was injured or property damage exceeded $1,000, California law requires you to file a DMV SR-1 report within 10 days of the crash.
Don't give a recorded statement to the other driver's insurer without speaking to an attorney first. Adjusters are skilled at asking questions that shift fault percentages in their favor.
Talk to a personal injury attorney. A free consultation costs you nothing. An attorney can review the facts of your crash, assess how fault is likely to be allocated, and tell you honestly what your options are. Call us at 888-585-2529.

Frequently Asked Questions About Fault and Car Accidents in Torrance

Can I still sue if I was more than 50% at fault for a crash in Torrance?

Yes. California's pure comparative negligence rule has no cutoff. A person who is 70% at fault can still recover 30% of their total damages. The rule applies regardless of the fault split, which is one reason why fighting for the most accurate fault percentage matters so much.

What if the other driver and I were both equally at fault — 50/50?

You can still recover. Under California's comparative negligence rule, a 50/50 split means you recover half of your total damages from the other driver, and the other driver can recover half of their damages from you. Each claim is evaluated separately.

Will my own insurance rates go up if I was partly at fault?

That's a question for your insurance carrier, because it depends on the terms of your policy and how your insurer categorizes the accident. Your attorney can help you understand how to communicate with your insurer without harming your claim.

How does the insurance company decide what percentage of fault is mine?

Insurance adjusters make an initial determination based on the police report, vehicle damage, statements from both drivers, and any available photos or witnesses. That initial determination is not final — it can be challenged, and an attorney can negotiate or present evidence to push the number lower.

Does it matter if I wasn't wearing a seatbelt?

It can. A defense attorney may argue that some of your injuries were worsened by not wearing a seatbelt, and California courts can consider that when dividing fault. It doesn't eliminate your claim, but it may reduce the damages you can recover for those specific injuries.

How long do I have to file a claim against a city or county in Torrance?

Claims against a public entity — like the city of Torrance or Los Angeles County — must be formally presented within six months of the accident (Gov. Code § 911.2). This is much shorter than the two-year window for private parties (CCP § 335.1). Missing the government deadline usually ends the claim permanently, so acting quickly is essential if a road defect or government vehicle was involved.

What if the other driver claims I was at fault but I don't believe I was?

Fault is not determined by who makes the loudest claim — it's determined by evidence. Witness accounts, crash scene photos, traffic signal timing data, and accident reconstruction experts can all help establish what actually happened. An attorney can gather and preserve that evidence before it disappears.

If you've been in a crash in Torrance and you're not sure where you stand — especially if fault is being disputed — just call us. We'll listen to what happened, walk through your options honestly, and let you know whether we can help.The consultation is free, and our written fee agreement explains all fees and costs before you decide anything. Reach us at 888-585-2529. 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 legal rules vary based on the specific facts of your case — please consult an attorney to understand how the law applies to your situation.

Where can you read more about Torrance injury claims?

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

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