### 1. California's Pure Comparative Fault Doctrine
In California, personal injury litigation is governed by the **Pure Comparative Fault Rule** established in the landmark California Supreme Court case *Li v. Yellow Cab Co.* (1975) 13 Cal.3d 804.
* **No Complete Bar to Recovery**: Unlike modified comparative fault states where an injured party is barred from recovery if they are 50% or more at fault, in California, an injured plaintiff can recover damages **even if they are 99% at fault**.
* **Apportionment of Damages**: Your gross financial damages (medical bills, future surgeries, lost wages, and pain/suffering) are reduced strictly in proportion to your percentage of fault. If a jury determines your total damages are $200,000 and finds you 20% at fault, you are entitled to recover **80% ($160,000)** from the defendants.
### 2. Disputing the Insurer’s Fault Allocation
Insurance adjusters routinely invent speculative fault allocations to devalue claims:
1. **Accident Reconstruction & EDR Black Box Data**: In commercial truck collisions, your attorney’s expert downloads the truck's Event Data Recorder (EDR) to prove excessive speed, zero braking before impact, and distracted driving.
2. **California Vehicle Code § 21703**: Prohibits following closer than is reasonable and prudent. If evidence shows you successfully stopped without hitting the lead car until the commercial truck collided with you from behind, you bear **0% liability** for the collision.