Car accidents are rarely simple. In many cases, both drivers may share some level of blame. Maybe one driver was speeding, while the other ran a stop sign. In these gray areas, who pays—and how much—depends on California’s comparative negligence laws. At AK Injury Law Firm, we’ve helped countless clients recover compensation even when insurance companies tried to blame them for their own injuries. Dr. Azadeh Keshavarz, a former chiropractor and now a tenacious personal injury attorney, understands not only how injuries work—but how insurers twist facts to avoid paying what victims deserve. Breaks down how comparative negligence works in California, how it can affect your car accident settlement, and how smart legal strategy can make all the difference in your case. What Is Comparative Negligence? The Legal Concept Comparative negligence is a legal principle that allocates fault between parties in a car accident. Rather than assigning 100% blame to one side, the law acknowledges that multiple people can contribute to a crash—and still recover damages, even if they were partially at fault. California Uses “Pure” Comparative Negligence There are different versions of comparative negligence across the U.S., but California follows what’s called pure comparative negligence. This means: Even if you’re 99% at fault, you can still recover 1% of your damages from the other party. Let’s say your total damages are $100,000 and you were found to be 25% responsible. Under California’s system, your recovery would be reduced by that percentage—meaning you’d still receive $75,000. Why Insurance Companies Love Blaming the Victim Insurance companies are not in the business of fairness. The more fault they can shift to you, the less they have to pay. It’s that simple. We’ve seen insurers: Claim the victim “slammed on the brakes too suddenly” Argue a motorcyclist “should’ve anticipated the hazard” Say a pedestrian “wasn’t in a crosswalk” Suggest the driver “could’ve done more to avoid the crash” And in many cases, they succeed—unless you have someone on your side who knows exactly how to dismantle these arguments. That’s where AK Injury Law Firm comes in. With Dr. Keshavarz’s dual expertise in injury care and legal strategy, we can counter these tactics with fact-based, medically-informed arguments that strip the insurance companies of their leverage. Real-World Example: Comparative Negligence in Action Scenario: You’re driving through an intersection on a green light when another driver runs a red light and crashes into you. However, you were going 10 mph over the speed limit. What Happens: The other driver is clearly at fault for running the red light. But the insurer may argue that your speeding contributed to the severity of the crash. If the case goes to trial (or even in settlement negotiations), you could be found 20% at fault for speeding. If your total damages were $80,000, your award would be reduced by 20%, and you’d receive $64,000. Factors That Affect Comparative Fault in California Several variables come into play when determining comparative fault: 1. Speed Were you driving too fast for the conditions—even if not technically speeding? 2. Distractions Were you using your phone, adjusting the radio, or otherwise distracted? 3. Traffic Violations Did you roll through a stop sign, make an illegal turn, or forget to use a turn signal? 4. Impairment Were drugs, alcohol, or even fatigue involved? 5. Passenger or Pedestrian Behavior In some cases, passengers or pedestrians can be partially at fault if they were acting unsafely. At AK Injury Law, we break down every detail of your accident, gathering evidence, witness statements, dash cam footage, and expert analysis to minimize any attempt to unfairly place blame on you. How Comparative Negligence Impacts Settlements Insurance Adjusters Use It to Reduce Payouts Comparative negligence is one of the insurance industry’s favorite tools. If they can convince you—or a jury—that you share even partial blame, they reduce your compensation accordingly. Often, they’ll make statements like: “We agree their driver was mostly at fault, but you didn’t yield either.” “We’re offering you $15,000 instead of $50,000 because of your speeding.” “Your injuries could’ve been prevented if you were wearing your seatbelt.” Without strong legal representation, you might feel like you have no choice but to accept. But with AK Injury Law, we don’t accept assumptions. We investigate, challenge, and counter every claim—turning their argument on its head using a strategic, evidence-driven approach. Seatbelts and Comparative Fault: A Common Trap One common situation in comparative negligence claims is the failure to wear a seatbelt. California law requires all drivers and passengers to wear seatbelts, and not doing so can be used as a partial defense by the at-fault driver’s insurance company. Here’s What Happens: You suffer severe injuries in a crash caused entirely by the other driver. But you weren’t wearing your seatbelt. The insurer argues that your injuries were worse because of that choice—and reduces your payout accordingly. How We Defend Against It: We bring in biomechanical experts, accident reconstructionists, and medical specialists to show: Your injuries would have occurred regardless of a seatbelt. The severity wasn’t entirely due to seatbelt non-use. Other factors contributed more significantly to your injuries. This smart, data-backed defense can preserve thousands in compensation that would otherwise be lost to oversimplified blame. Comparative Negligence in Multi-Car Accidents Three-car pileups or chain-reaction collisions can involve multiple levels of fault. For example: Car A rear-ends Car B, pushing it into Car C. Car C sues Car B and A. Car B says Car A is mostly responsible. In such cases, each party’s percentage of fault is analyzed and assigned based on their role in the crash. It’s messy. It’s complicated. And insurance companies use that confusion to stall, shift blame, and minimize payouts. Our advantage at AK Injury Law Firm? We cut through the chaos. We map out liability clearly, push back on misdirection, and keep your claim on track for maximum results. What Evidence Helps Reduce Your Share of Fault? To minimize your assigned fault in a comparative negligence case, we gather and organize critical evidence such

Car accidents are chaotic. One moment you’re commuting or running errands—next, you’re facing pain, property damage, hospital visits, and relentless insurance adjusters. In this swirl of stress, many accident victims unknowingly make critical mistakes that severely damage their legal and financial outcomes. At AK Injury Law Firm, we’ve seen how innocent missteps—like talking too freely with an insurance company or delaying medical care—can cost victims tens of thousands of dollars. Our founder, Dr. Azadeh Keshavarz, brings a powerful dual perspective to personal injury law. As a former doctor of chiropractic, she’s treated accident victims firsthand. As an attorney, she knows exactly how insurance companies exploit your uncertainty. Let’s break down the top mistakes accident victims make—and how to avoid them using smart, strategic legal thinking. 1. Talking to the Insurance Company Without Legal Counsel The Mistake: Many people mistakenly assume the insurance company is there to help. They speak freely during calls, make casual comments like “I’m feeling better,” or provide recorded statements—thinking they’re simply cooperating. Why It’s Dangerous: Insurance adjusters are trained to minimize payouts. Anything you say—no matter how harmless it sounds—can and will be used against you later. Even a small contradiction in your statement can be twisted to devalue your injuries. What to Do Instead: Politely decline to make a recorded statement. Refer all communication to your attorney. Let a strategic legal team like AK Injury Law handle the insurance conversations for you. We don’t just push paperwork—we anticipate their moves and outsmart them at every turn. 2. Delaying Medical Treatment The Mistake: Many accident victims don’t feel pain right away. They might skip the ER or delay seeing a doctor, hoping it’ll pass. Others don’t want to “overreact” or worry about medical bills. Why It’s Dangerous: Insurance companies use delays to question the legitimacy of your injuries. If there’s a gap between the accident and your first medical visit, they’ll argue that your injuries aren’t related or aren’t serious. What to Do Instead: Get checked out immediately—even if you feel okay. Injuries like whiplash, concussions, or soft tissue damage often show symptoms days later. At AK Injury Law, Dr. Keshavarz’s medical background ensures we understand and can fully document these “invisible injuries” that insurers try to ignore. 3. Posting on Social Media The Mistake: In today’s world, it’s instinctual to share life updates. You might post a photo at a party or write, “Feeling better!” to reassure friends and family. Why It’s Dangerous: Insurance investigators monitor your social media. A single photo, check-in, or comment—even taken out of context—can be used to claim you’re not injured or exaggerating your pain. What to Do Instead: Go quiet. Temporarily pause posting or set your profiles to private. Do not accept friend requests from people you don’t know. And most importantly, never discuss your accident or recovery online. 4. Accepting the First Settlement Offer The Mistake: You get a call or letter with a settlement offer. It sounds like decent money, and you’re tempted to “get it over with” so you can move on. Why It’s Dangerous: The first offer is almost always a lowball. It won’t account for long-term medical needs, future therapy, lost earning potential, or pain and suffering. Once you sign, you waive your right to future compensation—even if your condition worsens. What to Do Instead: Never accept an offer without reviewing it with a skilled personal injury attorney. At AK Injury Law, we assess the full scope of damages—both immediate and long-term—and strategically negotiate for what you truly deserve. 5. Not Documenting the Scene or Injuries Properly The Mistake: In the aftermath of a crash, many victims forget to collect evidence. They may leave without taking photos, don’t get the contact info of witnesses, or fail to note road conditions and traffic signs. Why It’s Dangerous: Memories fade and evidence disappears quickly. Without photos, videos, or documentation, it becomes your word against theirs—a position insurers love. What to Do Instead: If you’re able, document everything at the scene: Take photos of all vehicles, damage, road conditions, and injuries. Get names and contact info for any witnesses. Ask for a copy of the police report. If you’re too injured to gather info, contact an attorney immediately. At AK Injury Law, we move fast to secure evidence, interview witnesses, and reconstruct the scene if necessary. 6. Failing to Follow Medical Advice The Mistake: Some victims stop going to physical therapy or skip follow-up appointments—either because they’re feeling better or due to inconvenience or cost. Why It’s Dangerous: When you skip treatment, insurance companies argue that your injuries aren’t serious or that you made them worse by not following your doctor’s recommendations. What to Do Instead: Stick with your treatment plan and keep all medical appointments. Consistency in care strengthens your case. At AK Injury Law, we help clients coordinate ongoing care and ensure their treatment is well documented in ways insurance companies can’t dispute. 7. Thinking You Don’t Need a Lawyer The Mistake: Some people assume they can handle the claim themselves or think lawyers are too expensive. Others feel they don’t have a “big enough” case to warrant representation. Why It’s Dangerous: Personal injury law is complex. Insurance companies bank on the fact that you’re unrepresented—because they know they can settle for less and keep you in the dark about your rights. What to Do Instead: Consult with an attorney right away. At AK Injury Law, we offer free consultations, and you don’t pay us unless we win your case. Our strategic, client-first approach ensures every case—big or small—is treated with the attention and precision it deserves. 8. Underestimating the Long-Term Impact The Mistake: Some victims focus only on today’s bills, failing to consider future issues like: Chronic pain Mobility loss PTSD or emotional trauma Long-term disability Job loss or reduced earning potential Why It’s Dangerous: A rushed or undervalued settlement can’t be reopened. Once you accept it, it’s final—even if you face complications later. What to Do Instead: Think long-term. AK Injury Law