The Legal Podcast Network

Can I Still Recover Compensation If the Accident Was Partly My Fault?

July 29, 2026·11 min
Episode Description from the Publisher

Episode Summary:  In this episode of The Maison Law Podcast, Attorney Martin Gasparian joins host Sean O'Connor to explore the complexities of comparative fault in California personal injury cases. Martin explains how California's pure comparative negligence system allows injured parties to recover compensation even if they are partially at fault. He provides a detailed breakdown of how fault percentages affect settlement amounts and discusses the types of evidence used to determine liability, such as police reports, witness statements, and video footage. Martin also addresses common misconceptions about pre-existing conditions and the impact of admitting fault at the scene. The episode offers valuable insights for anyone involved in an accident where fault is disputed, emphasizing the importance of consulting with a legal professional to assess potential claims. Key Timestamps: 00:01 – Introduction 00:09 – Overview of Comparative Fault in California 00:54 – Can You Recover Compensation if Partially at Fault? 01:37 – Example of Fault Percentage Impact on Settlements 02:11 – Understanding Pure Comparative Negligence 02:56 – Types of Evidence Used to Determine Fault 04:03 – Common Reasons Insurers Blame the Injured Party 05:09 – Addressing Pre-existing Conditions in Claims 06:05 – Impact of Admitting Fault at the Scene 07:03 – Role of Police Reports in Liability Assessment 08:31 – Case Example: Disputed Fault and Compensation 09:41 – Advice for Those Hesitant to Pursue a Claim About the Show:  The Maison Law Podcast is dedicated to providing listeners with clear and insightful discussions on personal injury law in California. Hosted by Attorney Martin Gasparian, the show covers a wide range of topics, from understanding legal rights after an accident to navigating complex liability issues. Designed for individuals seeking guidance and clarity, each episode breaks down legal concepts into understandable terms, empowering listeners to make informed decisions about their cases. Whether you're dealing with an insurance claim or exploring your legal options, The Maison Law Podcast offers valuable advice and practical solutions.

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