California Car Accident Laws: What You Need to Know

In 2021, 4,285 people died in traffic accidents in California, bringing the total death rate to 1.38 fatalities per 100 million miles. The California Office of Traffic Safety also reported that there were 429 deaths in motorcycle accidents, 1,103 pedestrians killed, and 136 bicycle fatalities during that same year.

Each of these accidents represents lives lost and families forever changed. Sadly, many thousands more were also injured in auto accidents during the course of the year.

It is important for everyone involved in or affected by auto accidents in the Golden State to understand California car accident laws. These laws aim to protect crash victims, hold those who caused accidents accountable, and allow individuals and families affected by auto accidents to move forward with their lives. Here’s what you need to know.

Minimum Insurance Requirements in California

The California Department of Motor Vehicles explains that there are certain minimum insurance requirements drivers must follow in the state. If you own a car in California, you are required to have the following types of auto insurance coverage in place:

• $15,000 in bodily injury liability coverage per person per accident.
• $30,000 in total bodily injury liability coverage per accident.
• $5,000 in property damage liability coverage.

As the California Department of Insurance explains, insurance companies also must offer you uninsured and underinsured motorist coverage. This type of coverage pays for your damages if someone causes a crash that harms you and the at-fault driver doesn’t have any liability coverage or enough coverage to pay for your damages.

You also have the choice to buy more than the minimum required coverage. You can select higher policy limits, such as buying $50,000 per person and $100,000 per accident (or more) in bodily injury liability insurance. You can also buy other kinds of coverage, including collision insurance to pay to fix your vehicle after a crash, no matter who was to blame.

You cannot, however, buy less than the coverage that is required, or you are in violation of the law. You also must have proof of insurance and carry it with you in case law enforcement officials ask to see your documentation.

At-Fault Laws in California

States in the U.S. are divided into two categories when it comes to motor vehicle accidents:

• At-fault states: Crash victims are always allowed to pursue a legal claim against those responsible for harming them. This is true even for more minor auto accident injuries.
• No-fault states: Crash victims must make a claim with their own insurer and collect payment from their Personal Injury Protection (PIP) coverage for more minor injuries, even if they were not to blame for the accident. They can hold the other driver accountable only for causing serious harm.

California is an at-fault state. This means that if another driver causes you to be involved in a crash and hurts you, you can sue them for damages.

California also follows a rule called pure comparative fault, which was established in Li v. Yellow Cab Co., 532 P.2d 1226 (1975) . Under pure comparative fault rules, you can pursue a claim against another driver even if they only have a small percentage of the blame for your accident. For example, if you were 99% responsible for your crash and the other driver bore 1% of the blame, you could still make a claim against them.

Under pure comparative fault rules, though, you would not be able to recover 100% of your damages when you share responsibility for the accident. If another driver was found to be 1% responsible for causing you harm, they could be made to pay 1% of your damages under this rule.

Negligence and California Car Accidents

If you are interested in recovering compensation from another driver after a motor vehicle accident, you must have legal justification to hold them accountable for harming you.

California Civil Code Section 1714 explains that “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

Under this statute, you can make a claim against another driver if they willfully harm you, but also if they are unreasonably careless while operating their vehicle. If you can prove that another driver was negligent, harmed you as a result of that negligence, and you suffered damages because of it — this should entitle you to receive compensation for losses.

You can prove negligence by doing one of two things:

• Showing a hypothetical reasonable driver would have exhibited more care under the same circumstances.
• Showing that the driver who harmed you was in violation of a safety law designed to protect against the harm you endured. An example would be a speeding driver who caused a collision while breaking laws against driving too fast. In this situation, the legal doctrine of negligence per se applies. This legal doctrine says a rule violation is negligent in and of itself, and no further proof of carelessness is needed beyond showing that the violation occurred.

You may need to gather evidence to prove that the other driver’s carelessness or legal violations caused a crash. An experienced California car accident lawyer can help you do that. Your attorney can work with you to obtain police reports and other documentation showing why the other driver failed in their obligations and needs to cover your losses because of it.

Compensation For a California Car Accident

After a California car accident, you should be entitled to be financially rewarded. Some of the damages you should be able to recover compensation for include:

• Medical care costs : You should receive payment for all your medical costs up to the time your case is resolved. You should also be compensated for any future medical care that you might need. If you suffered a serious and permanent injury, this may require the other driver to pay a substantial amount for lifetime care.
• Lost wages and reduced earning power: You should be compensated if you had to miss any work time and you lost wages because of the accident. If you have experienced a permanent or long-term injury that affects your future ability to earn money, you should be compensated for the lost earning power that you will experience during the rest of your working life.
• Pain and suffering. When car accident injuries cause pain and distress, you deserve compensation for the impact this has on your life. This is a type of non-economic damage.
• Emotional distress. Car accidents can cause PTSD due to accidents and injuries affecting your mental health. If you experience any mental health issues, including depression or anxiety resulting from the accident or your injuries, then you may be entitled to emotional distress damages.

There may also be other types of compensation appropriate in some accident claims as well. If the motor vehicle accident results in casualties, the California Code of Civil Procedure establishes that close relatives such as a surviving spouse, domestic partner, children, descendants, or others in the line of succession can pursue a wrongful death claim for damages.

It’s important to understand and prove the extent of your losses so you can receive all of the compensation you deserve.

Statute of Limitations for California Car Accident Claims

The statute of limitations for car accident claims is one of the most important California car accident laws that you should know.

Under California Code of Civil Procedure section 335.1 , you have two years to pursue a civil claim arising from an injury or wrongful death caused by negligence. If you miss this time window, your claim will be time-barred. This means moving forward with your claim typically will not be allowed.

You don’t want to lose your chance to obtain compensation, so be sure to take action before the statute of limitation runs out if you intend to try to hold the other driver accountable for harming you.

How a California Car Accident Lawyer Can Help You

A California car accident lawyer can help you to understand the laws that apply after an auto accident. Your attorney can work with you to navigate the legal system and maximize your chances of recovering the compensation you deserve.

Here are just some of the many tasks an attorney can do to help you:

• Gather evidence after the collision: You need to prove the other driver should be held liable. An attorney can help you do that by interviewing witnesses, obtaining police reports, finding experts to testify, and otherwise helping you get the information you need to make a successful claim.
• Devise a legal argument: You’ll need to know what legal arguments to make under California car accident law. For example, will you prove negligence by showing the other driver was unreasonably careless, or will you base your case on the doctrine of negligence per se? Your attorney can review the specifics of your case and advise you on the best options.
• Identify defendants: Usually, you’ll make your claim against the other driver who hurt you. However, sometimes, you’ll have others you can make a claim against as well. For example, if a truck driver causes an accident, the driver is often viewed as acting as an agent of their employer. As a result, the company could be held legally liable. Your attorney can help you identify all possible defendants, especially those with bigger insurance policy limits who are better equipped to pay damages.
• Negotiate a settlement with an insurer: Most car accident claims are resolved outside of court through a settlement negotiation. This is a faster and simpler process. You don’t have to go to court, present evidence, and hope the court finds in your favor. You don’t want to accept an unfair settlement, though, as you’ll have to give up your right to further claims. An attorney who is a skilled negotiator can help you to convince the insurer to offer a fair deal.
• Litigate your case in court: If you can’t settle your claim, you’ll need to pursue a tort case in court. Your attorney can help you navigate California’s civil court system.

Understanding the California car accident laws is difficult for the average person as most people are involved in few or even no auto accidents during their lifetime. Having a trusted and knowledgeable advocate can be invaluable as you cope with the aftermath of your crash.

The good news is that most car accident lawyers work on a contingency fee basis, so you will not have to pay legal fees unless they recover compensation on your behalf. If you believe someone else was to blame for your accident, it’s a good idea to reach out to an attorney soon after the accident so your lawyer can start building your case.

FAQs

How is Fault Determined in a Car Accident in California?

A driver is at-fault for a car accident in California if they behaved unreasonably carelessly compared to a hypothetical reasonable driver, or if they violated a safety law and caused an accident as a result. Crash victims will need to show the defendant was to blame for an accident in order to recover compensation for the crash.

What is California’s Car Accident Policy?

California law requires drivers to buy liability insurance coverage. They must have a minimum of $15,000 per person and $30,000 per accident in bodily injury liability coverage. Drivers also must have at least $5,000 in property damage liability coverage. These liability policies can pay out claims to crash victims after an auto accident.

Is California a No-Fault State for Car Accidents?

California is not a no-fault state for car accidents. If someone causes an accident and hurts you, you always have the right to pursue a claim against the at-fault driver, even if your injuries were not very serious. It will be up to you to prove liability and show the extent of your damages to recover compensation for your losses.