THE BLAME GAME IN INJURY LAW — Why Partial Fault Doesn’t Mean Zero Compensation
When you’ve been hurt due to someone else’s negligence, getting fair compensation shouldn’t require decoding legal loopholes
But in multi-party injury cases—where more than one person may share blame—things get complicated quickly. That’s where understanding legal doctrines like New York’s Article 16 (and its California equivalents) becomes critical.
At R23 Law, our California Consumer Protection Attorneys break down complex liability rules so our clients don’t have to. We know how shared fault can impact your injury claim—and we fight to make sure you don’t walk away with less than you deserve.
What Is “Shared Fault” in Personal Injury Cases?
In many injury claims, more than one party may be responsible for your harm. You might be rear-ended by a distracted driver, but also discover that a poorly maintained street contributed to the severity of the crash. In such cases, the law must decide who pays—and how much.
Under systems like New York’s Article 16 of the Civil Practice Law & Rules, courts can divide responsibility among multiple defendants. That’s called apportionment of liability, and it works like this:
If a party is more than 50% at fault, they may be on the hook for the full cost of noneconomic damages (like pain and suffering).
If a party is less than 50% liable, they may only need to pay their share based on percentage of fault.
While Article 16 is specific to New York, similar comparative fault principles apply across California. If more than one party caused your injuries, our attorneys at R23 Law will identify every liable party and pursue full compensation.
What Counts as “Noneconomic Damages”?
Article 16—and comparative fault rules like it—focus on noneconomic damages, which include:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Mental anguish
Permanent disability
Disfigurement
Reputational harm
Loss of companionship (loss of consortium)
These types of damages reflect the real human impact of your injuries—things insurance companies often try to undervalue. At R23 Law, we ensure those losses are calculated accurately and fought for aggressively.
Can You Still Recover if You’re Partially At Fault?
Yes. Even if you’re partially responsible for the incident that caused your injury, you may still recover damages. Under California’s pure comparative negligence system, your recovery is simply reduced by your percentage of fault.
For example:
If you’re found 20% at fault and your total damages equal $100,000, you may still recover $80,000.
Many injury victims don’t pursue legal action because they think being partially at fault disqualifies them. That’s false—and insurers bank on you believing it. R23 Law’s California Consumer Protection Attorneys know how to fight back against these tactics and make sure your voice is heard.
Why Multiple Defendants Make Your Case More Complex—and Valuable
Personal injury cases often involve more than one liable party. These could include:
Negligent drivers
Vehicle manufacturers (for defective parts)
Employers (in commercial vehicle crashes)
Government agencies (for road hazards or improper signage)
Property owners (in trip-and-fall or premises liability cases)
Each of these parties may owe you compensation—and each will try to shift blame. R23 Law has experience untangling multi-party liability webs to ensure every responsible party is held accountable.
R23 Law: Strategic Advocacy for Injury Victims Facing Complex Fault Rules
Don’t let legal technicalities or confusing comparative fault rules stand between you and the compensation you deserve. Whether your case involves a single negligent party or multiple defendants, our team provides:
Clear explanations of your legal rights
Skilled negotiation with insurers and defense counsel
Strategic litigation when full value isn’t offered
Compassionate support every step of the way
With R23 Law’s California Consumer Protection Attorneys, your case gets the attention it deserves—no matter how complicated.
Start Fighting for What You’re Owed Today
If you’ve been injured and think your own actions might reduce your claim, don’t assume the worst. California law allows for recovery even in cases of shared fault. And when multiple parties are responsible, the potential for compensation may be even higher.
Request a free consultation today. Let R23 Law evaluate your case, explain your options, and hold every liable party accountable.
