Can I still recover damages in California if the accident was partly my fault?

Yes. Under California's pure comparative negligence rule, adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a partly at-fault claimant still recovers damages reduced by their percentage of fault — a driver 25% responsible with $100,000 in proven damages recovers $75,000 — and even a claimant mostly at fault can recover the remainder.

Yes. California follows pure comparative negligence, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Instead of barring recovery for a claimant who shares blame, the law reduces the recovery by the claimant's percentage of fault. A driver found 25% responsible for a collision with $100,000 in proven damages recovers $75,000. Because the rule is "pure," even a person found 80% or 90% at fault can still recover the remaining share — unlike states that cut off recovery at 50%. Fault percentages are decided by the jury (or adjuster, in settlement) based on all the evidence, and defendants routinely argue comparative fault to shrink verdicts. One statutory overlay: under Civil Code section 3333.4, an injured driver who was uninsured at the time of the crash generally cannot recover non-economic damages like pain and suffering, regardless of fault.

Authority: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804