What if I was partly at fault?

Set your share of the blame and see what California, Texas and Washington each do with it. Percentages only: this page never puts a value on a claim.

Move the slider or type a number from 0 to 100. Nobody knows this number at the start. An insurance company, a judge or a jury decides it later, from the evidence.

Or try one of these

What each state does with that share

At 20 percent: California, Texas and Washington reduce a claim by 20 percent.

California

Reduced by 20 percent

80 percent of the claim remains

California takes 20 percent off the damages that are proven. That leaves 80 percent.

The rule. California reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405

Texas

Reduced by 20 percent

80 percent of the claim remains

Texas takes 20 percent off the damages that are proven. That leaves 80 percent. The claim is not barred, because the share is not more than 50 percent.

The rule. Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012

Washington

Reduced by 20 percent

80 percent of the claim remains

Washington takes 20 percent off the damages that are proven. That leaves 80 percent.

The rule. Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault. RCW 4.22.005; RCW 5.40.060

This shows what each rule does at a share you choose. It does not tell you what your share is, whether you have a case, or what a claim is worth.

How shared fault works

Fault is worked out from evidence: the police report, photos, vehicle damage, video, what witnesses say and the traffic laws that applied. Insurance companies make the first call, and they often split the blame between the people involved. You do not have to accept their split. If the two sides cannot agree, a court decides.

What the split does to a claim depends on the state. California and Washington take your share off and let the rest stand, whatever the share is. Texas does the same up to 50 percent and allows nothing above that.

The same share in three states

What each state does to a claim at different shares of fault
Your shareCaliforniaTexasWashington
10 percentReduced by 10 percentReduced by 10 percentReduced by 10 percent
30 percentReduced by 30 percentReduced by 30 percentReduced by 30 percent
50 percentReduced by 50 percentReduced by 50 percentReduced by 50 percent
51 percentReduced by 51 percentBarredReduced by 51 percent
70 percentReduced by 70 percentBarredReduced by 70 percent
90 percentReduced by 90 percentBarredReduced by 90 percent

The line in Texas falls between 50 and 51 percent. How fault is divided can decide the whole claim there.

Washington’s separate rule for an impaired injured person

Washington has one exception to its own rule. It is given here in words, because it turns on more than a percentage.

The rules behind the slider

The first row is the rule the slider applies. The other two rows often sit alongside it: who has to yield when someone crosses outside a crosswalk, and what California takes away from a driver who had no insurance.

Shared fault and related rules in California, Texas and Washington
CaliforniaTexasWashington
If you were partly at faultCalifornia reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault.Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.RCW 4.22.005; RCW 5.40.060
Crossing outside a crosswalkSince 2023 police may stop a pedestrian for crossing outside a crosswalk only when there is an immediate danger of a collision. The crossing rules themselves remain, and pedestrians still have to use due care for their own safety.Cal. Veh. Code §§ 21954, 21955A pedestrian crossing outside a crosswalk must yield to vehicles. Drivers still have to use due care to avoid hitting anyone on the road.Tex. Transp. Code §§ 552.005, 552.008A pedestrian crossing anywhere else must yield to vehicles. Drivers still have to use due care to avoid hitting anyone on the road.RCW 46.61.240; RCW 46.61.245
If you had no insurance yourselfIf you owned or drove a vehicle in the crash that was not insured as the law requires, you can still recover your medical bills and lost income from the driver at fault, but not damages for pain and suffering. There is an exception for an uninsured owner who was hit by a driver later convicted of driving under the influence.Cal. Civ. Code § 3333.4No rule published here for this state. Ask us.No rule published here for this state. Ask us.

What this page will not do

It will not tell you what your share of fault is, whether you have a case, or what a claim is worth. Those answers depend on evidence that only comes out when a person looks at your situation. The slider shows a rule, not a result.

Sharing the blame is one of several things that shape a claim. See the four things every claim needs.

Sources

Primary sources for the rules on this page. Checked on the dates shown.

  1. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405 (checked October 3, 2026)
  2. Cal. Veh. Code §§ 21954, 21955 (checked October 3, 2026)
  3. Cal. Civ. Code § 3333.4 (checked October 3, 2026)
  4. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 (checked October 3, 2026)
  5. Tex. Transp. Code §§ 552.005, 552.008 (checked October 3, 2026)
  6. RCW 4.22.005; RCW 5.40.060 (checked October 3, 2026)
  7. RCW 46.61.240; RCW 46.61.245 (checked October 3, 2026)

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