Can I still file a lawsuit if the other driver was legally intoxicated but I was partially at fault?

California observes something known as the rule of comparative negligence. Comparative negligence means that even if you are partially responsible for an accident, you may still be able to collect a portion of the damages to which you would have been entitled had you been completely without fault.

As an example, suppose that you sued a drunk driver and the jury determined you were entitled to $100,000 in damages. If the jury felt you were 30 percent responsible for the crash, you would then receive $70,000 instead of $100,000. Your monetary award would be reduced by the amount of fault you had in the accident.