California Pure Comparative Negligence Calculator

No California statute actually says this — the state's courts decided it, once, in 1975, and it's held ever since. Your fault reduces your recovery here, but it never erases it.

Pure comparative negligence, judicial origin FigureMyTax Editorial Team Free · no sign-up

What does your share of fault actually cost you?

Enter your estimated damages and your best estimate of your own share of fault. We'll show what California's rule means for your specific situation.

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Pure comparative negligence, created entirely by the courts

California applies a pure comparative fault standard: a claimant's own fault reduces their recovery proportionally, but never bars it outright, even at a very high fault percentage. What makes California genuinely distinctive is how this rule came to exist. Unlike most other pure comparative states, California has no statute that establishes comparative negligence. The entire system rests on a single state Supreme Court decision, Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).

What Li v. Yellow Cab Co. actually did

The case arose from a routine intersection collision where both drivers were found negligent. Under the old contributory negligence rule then in effect, the trial court held that the plaintiff's own negligence — however slight compared to the defendant's — barred any recovery at all. On appeal, the California Supreme Court found this all-or-nothing result fundamentally unjust and abolished contributory negligence as a complete bar, adopting pure comparative negligence instead. Notably, the court held that Civil Code § 1714, which had been read as codifying the old all-or-nothing approach, did not actually prevent the court from making this change judicially.

Why the missing statute genuinely matters

In most other pure comparative states — Alaska and Arizona among them — the courts' early adoption of comparative fault was eventually followed by a statute formally codifying the rule. California's legislature never took that step. More than fifty years after Li, California's comparative negligence system still rests entirely on judicial precedent rather than statutory law. In practical terms this makes very little difference day to day — the rule is firmly settled — but it means the ultimate source of the rule is the California Supreme Court's own reasoning, not an act of the legislature that would require a new law to undo.

How the reduction actually works

A claimant found 70% at fault for their own injury still recovers the remaining 30% of their damages. There is no percentage threshold anywhere in California's rule where the claimant's own fault suddenly eliminates the claim — the reduction is purely proportional, all the way up to 99% fault.

Why fault still matters enormously despite this

Because California never fully eliminates a claim over the claimant's own fault, insurers instead focus on pushing the fault percentage as high as possible, since every additional point reduces the payout directly. See our guide to how adjusters build a fault argument in California for what that negotiation looks like in practice.

California comparative negligence — frequently asked questions

Does California use pure or modified comparative negligence?

Pure comparative negligence. A claimant's recovery is reduced by their own percentage of fault but is never barred outright, even if they were found 99% at fault.

Is California's comparative negligence rule a statute?

No. California's pure comparative negligence system rests entirely on Li v. Yellow Cab Co. (1975), a state Supreme Court decision — the legislature has never enacted a statute specifically establishing comparative negligence in California.

What did Li v. Yellow Cab Co. actually decide?

The California Supreme Court abolished contributory negligence as a complete bar to recovery and adopted pure comparative negligence instead, holding that Civil Code § 1714 did not prevent the court from making that change judicially.

What happens if I was 70% at fault for my California accident?

You can still recover 30% of your damages. California's pure comparative fault rule reduces recovery by the claimant's own percentage of fault, with no threshold that bars recovery outright.

Could California's comparative negligence rule be changed back by a future court?

In theory, because it rests on judicial precedent rather than a statute the legislature would have to repeal, it remains subject to future reinterpretation by the California Supreme Court, though the rule has been firmly settled since 1975.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) and related California case law, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed California attorney before acting.