Can I recover damages if I was partially at fault in an accident?
In California, it is possible to recover damages in an accident even if you were partially at fault. This is due to the legal principle of comparative negligence. Under this principle, the court can assess the degree of fault of each party involved in the accident and reduce the amount of damages you are awarded based on the extent to which you contributed to the accident. For example, if you played a role in the accident that was 25% responsible for causing it, then your personal injury damages could be reduced by 25%. This could be the case if you were going too fast for the conditions or if you failed to yield to another car at a stop sign. Despite this, comparative negligence does not mean that you are completely blocked from receiving any damages if you are partially responsible. You are still entitled to recover a portion of your damages. However, it is important to note that the total sum of damages awarded could be significantly reduced. It is also possible that the other party involved in the accident might show they are not responsible at all, and you are the only party held accountable. In this case, you might not be able to recover any damages. Therefore, you should seek legal advice to understand your rights and the options available to you.
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