Yes, in many cases you can. California is a pure comparative fault state, which means being partly to blame usually reduces what you recover but does not bar you from recovering at all.
Here is how it works. If your damages add up to a certain amount and you are found, say, 20 percent at fault, your recovery is reduced by that 20 percent. You still collect the rest. Even someone found mostly at fault can recover the share that reflects the other party's negligence. That is different from states that cut you off entirely once you cross a fault threshold.
The catch is that the insurance company knows this rule too. Adjusters will often try to pin more of the blame on you to shrink what they pay. Do not accept their version of the story. What you say early, the police report, and the physical evidence all shape how fault gets divided, so it helps to have someone pushing back on your behalf.
Fault questions come up constantly in car accidents and pedestrian accidents, and the same rule applies across most personal injury claims in San Diego.
This is general information, not legal advice, and every case turns on its own facts.
If an adjuster is telling you the crash was your fault, get a second opinion before you agree to anything. Call Crudo Law at (858) 622-7280 or reach us through our contact page for a free, confidential consultation.