Can I sue if I was partially at fault for my car accident?
I was in a car accident last month where the other driver ran a red light, but I was going slightly over the speed limit. The insurance company is saying I'm 20% at fault and wants to reduce my settlement by that amount. Is this legal? Can I still sue the other driver even though I was partially at fault?
I have medical bills totaling over $15,000 and I missed two weeks of work. The other driver's insurance initially offered me $8,000 but now they're saying it should be even less because of my speeding.
3 Answers
Attorney Michael Chen
Personal Injury Lawyer • Jan 15, 2026
Yes, you can still recover compensation even if you were partially at fault. California follows a 'pure comparative negligence' rule, which means your compensation is reduced by your percentage of fault, but you can still recover. If you're found 20% at fault and your damages are $50,000, you could still recover $40,000. The insurance company's initial assessment isn't final—an experienced attorney can often negotiate this percentage down.
Attorney Sarah Williams
Auto Accident Specialist • Jan 16, 2026
The key question is whether your speeding actually contributed to the accident. If the other driver ran a red light, they had a duty to yield regardless of your speed. An accident reconstruction expert might be able to show that the collision would have occurred even if you were going the speed limit. I'd recommend consulting with an attorney before accepting any settlement.
Attorney David Park
Insurance Claims Expert • Jan 16, 2026
Don't accept the insurance company's fault determination without question. They have a financial incentive to assign you as much fault as possible. Request a copy of the police report and any witness statements. If there's traffic camera footage, that could be crucial evidence. Many attorneys offer free consultations and work on contingency, so there's no upfront cost to explore your options.
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