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A Comprehensive Guide to California Car Accident Laws
Navigating the legal landscape after a car accident in California can be a daunting experience. The moments following a collision are often filled with confusion, stress, and uncertainty. Understanding your rights and obligations under California law is the first and most critical step toward protecting yourself and securing any compensation you may be entitled to. This guide provides a comprehensive overview of California’s car accident laws, from the immediate steps to take at the scene to the complexities of insurance claims, liability, and recovering damages.
Whether you have been involved in a minor fender-bender or a major collision, this information will serve as a vital resource to help you make informed decisions. We will delve into the specifics of the California Vehicle Code, Civil Code, and other relevant statutes that govern traffic-related incidents. While this guide is designed to be thorough and informative, it is not a substitute for legal advice from a qualified attorney. If you have been injured in an accident, we strongly encourage you to consult with an experienced personal injury lawyer to discuss the specifics of your case.
What to Do Immediately After a Car Accident in California
The actions you take in the minutes, hours, and days following a car accident can have a significant impact on the outcome of your insurance claim and any potential legal action. It is essential to remain as calm as possible and follow these steps to protect your safety and your legal rights:
1.Stop and Move to a Safe Location: California law requires you to stop at the scene of any accident, regardless of how minor it may seem . If possible and safe to do so, move your vehicle to the side of the road to avoid obstructing traffic and prevent further collisions.
2.Check for Injuries and Call 911: The health and safety of everyone involved is the top priority. Check yourself, your passengers, and the occupants of the other vehicle(s) for injuries. If anyone is injured or complains of pain, call 911 immediately to request medical assistance and law enforcement.
3.Exchange Information: You are required to exchange information with the other driver(s) involved. Be sure to obtain the following:
•Full name and contact information
•Driver’s license number
•Insurance company and policy number
•License plate number
•Make, model, and color of the vehicle
4.Do Not Admit Fault: Even if you believe you may have been partially to blame, do not admit fault or apologize for the accident. Stick to the facts when discussing the incident with the other driver and with law enforcement. Any admission of guilt can be used against you later.
5.Document the Scene: If it is safe to do so, take photographs and videos of the accident scene from multiple angles. Capture images of the vehicles, their positions, any visible damage, skid marks, traffic signals, and any other relevant details. Also, take photos of the other driver’s license, insurance card, and license plate.
6.Identify Witnesses: If there were any witnesses to the accident, ask for their names and contact information. Their statements can be invaluable in establishing what happened.
7.File an Accident Report with the DMV: If the accident resulted in any injuries, death, or property damage exceeding $1,000, you must report it to the California DMV within 10 days by filing a Form SR-1 .
8.Seek Medical Attention: Even if you do not feel injured at the scene, it is crucial to see a doctor as soon as possible. Some serious injuries, such as whiplash or internal bleeding, may not have immediate symptoms. A medical evaluation will not only protect your health but also create an official record of your injuries.
9.Notify Your Insurance Company: Report the accident to your insurance company promptly, but be cautious about what you say. Provide them with the basic facts of the accident, but do not give a recorded statement or accept a settlement offer without first consulting with an attorney.
Understanding California’s Fault System and Negligence
California is an “at-fault” state, which means that the person who is legally responsible for causing an accident is also responsible for paying for the resulting damages. In most car accident cases, determining fault comes down to proving that the other driver was negligent.
The Four Elements of Negligence
To establish negligence in a car accident case, you and your attorney must prove four key elements:
1.Duty of Care: The other driver owed you a legal duty to use reasonable care while operating their vehicle to avoid causing harm to others on the road. This is a fundamental principle established in California Civil Code §1714 .
2.Breach of Duty: The other driver breached that duty by acting or failing to act in a certain way. Examples of a breach of duty include speeding, running a red light, or texting while driving.
3.Causation: The other driver’s breach of duty was a direct and proximate cause of your injuries and damages.
4.Damages: You suffered actual damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.
Negligence Per Se
In some cases, it is not necessary to prove the four elements of negligence individually. If the other driver violated a specific safety law, such as a speeding or DUI law, they may be considered “negligent per se.” This means that their violation of the law is, in itself, considered a breach of their duty of care. This can make it much easier to establish liability in your case.
Pure Comparative Negligence
California follows a “pure comparative negligence” rule, as outlined in California Civil Code §1431.2 . This means that you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident and your total damages are $100,000, you would be able to recover $80,000.
This rule also means that you can be held liable for the other party’s damages in proportion to your degree of fault. It is crucial to have an experienced attorney on your side to help minimize your assigned percentage of fault and maximize your recovery.
California’s Financial Responsibility and Insurance Laws
California law mandates that all drivers and vehicle owners must be able to demonstrate financial responsibility for any damages they may cause in an accident. The most common way to meet this requirement is by purchasing liability auto insurance.
Minimum Liability Insurance Requirements
California Vehicle Code §16056 specifies the minimum amounts of liability insurance coverage that every driver must carry. This is often referred to as “15/30/5” coverage:
| Coverage Type | Minimum Amount | Purpose |
| Bodily Injury Liability | $15,000 | For injury or death to one person in an accident you cause. |
| Bodily Injury Liability | $30,000 | For total injury or death to more than one person in an accident you cause. |
| Property Damage Liability | $5,000 | For damage to another person’s property in an accident you cause. |
It is crucial to understand that these are only the minimum requirements. The costs of a serious accident can easily exceed these amounts. If you are at fault and the damages surpass your coverage limits, you can be held personally responsible for the remaining balance, which could put your personal assets at risk.
Uninsured and Underinsured Motorist (UM/UIM) Coverage
While not legally required, insurance companies in California must offer you Uninsured and Underinsured Motorist (UM/UIM) coverage, as per California Insurance Code §11580.2 . If you do not want this coverage, you must reject it in writing.
•Uninsured Motorist (UM) Coverage: This protects you if you are hit by a driver who has no auto insurance.
•Underinsured Motorist (UIM) Coverage: This applies when you are hit by a driver who has insurance, but their policy limits are not high enough to cover all of your damages.
Given the number of uninsured drivers on the road, carrying UM/UIM coverage is a wise decision that provides a critical layer of financial protection.
Alternative Methods of Financial Responsibility
While purchasing insurance is the most common method, California Vehicle Code §16002 allows for a few alternatives to establish financial responsibility:
•A cash deposit of $35,000 with the DMV.
•A surety bond for $35,000 from a company licensed to do business in California.
•A DMV-issued self-insurance certificate.
Consequences of Driving Without Insurance
Driving without meeting the financial responsibility requirement can lead to severe penalties, including fines, vehicle impoundment, and suspension of your driving privileges. Furthermore, under California’s “No Pay, No Play” rule (Civil Code §3333.4), if you are injured in an accident and do not have insurance, you are prohibited from recovering non-economic damages (such as pain and suffering), even if the other driver was 100% at fault .
Key California Vehicle Code Provisions Every Driver Should Know
The California Vehicle Code is a comprehensive set of laws that govern the operation of motor vehicles on public roads. A violation of these rules can not only result in a traffic ticket but can also be used as evidence of negligence in a car accident lawsuit. Below are some of the most critical Vehicle Code sections related to car accidents.
Speed Laws
•VC §22350 – The Basic Speed Law: This is one of the most fundamental traffic laws in California. It states that you must never drive faster than is safe for the current conditions, regardless of the posted speed limit. Factors to consider include weather, visibility, traffic, and the width and surface of the road .
•VC §22349 & §22352 – Maximum and Prima Facie Speed Limits: These sections establish the absolute maximum speed limits on highways (65 or 70 mph) and the presumed safe speed limits in residential and business districts (typically 25 mph) .
Right-of-Way Rules
•VC §21800 – Intersections: This section covers right-of-way at intersections without traffic signals, stating that the driver who arrives first has the right-of-way. If two drivers arrive at the same time, the driver on the right has the right-of-way .
•VC §21950 – Pedestrians: Drivers must yield the right-of-way to pedestrians in marked or unmarked crosswalks. However, pedestrians also have a duty to exercise care for their own safety .
•VC §21801 – Left Turns: A driver intending to make a left turn must yield the right-of-way to all approaching vehicles that are close enough to constitute a hazard .
Lane Violations and Unsafe Movements
•VC §21658 – Unsafe Lane Changes: A vehicle must be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the movement can be made with reasonable safety .
•VC §21703 – Following Too Closely (Tailgating): Drivers must not follow another vehicle more closely than is reasonable and prudent, considering the speed of the vehicles and the conditions of the road .
Distracted and Impaired Driving
•VC §23123.5 – Use of Electronic Devices: This law prohibits drivers from holding and operating a handheld wireless telephone or electronic wireless communications device while driving. This includes writing, sending, or reading text-based communications .
•VC §23152 – Driving Under the Influence (DUI): It is illegal to drive under the influence of alcohol or drugs. A blood alcohol concentration (BAC) of 0.08% or higher is considered a per se DUI .
•VC §23153 – DUI Causing Injury: If a person drives under the influence and causes injury to another person, they can face felony charges and significantly enhanced penalties .
Hit and Run Accidents
•VC §20001 & §20002 – Duty to Stop: These sections make it a crime to leave the scene of an accident without stopping and exchanging information. If someone is injured or killed, it is a felony. If there is only property damage, it is a misdemeanor .
Safety Equipment
•VC §27315 – Seat Belts: All occupants of a moving motor vehicle who are 8 years of age or older must wear a safety belt .
•VC §27360 – Child Restraints: Children under 8 years of age must be secured in an appropriate car seat or booster seat in the back seat. Children under 2 must ride in a rear-facing car seat unless they are 40 pounds or more, or 40 inches tall or more .
Damages and Compensation in California Car Accident Cases
If you have been injured in a car accident due to someone else’s negligence, you may be entitled to recover compensation for your losses. These losses, known as “damages,” are categorized as either economic or non-economic.
Economic Damages
Economic damages are intended to compensate you for objectively verifiable monetary losses. As defined in California Civil Code §1431.2(b)(1), these include:
•Medical Expenses: This includes all past and future medical costs related to the accident, such as emergency room visits, hospital stays, surgeries, doctor’s appointments, physical therapy, medication, and medical equipment.
•Lost Wages and Loss of Earning Capacity: If you are unable to work due to your injuries, you can recover the wages you have lost. If your ability to earn a living in the future is diminished, you can also be compensated for this loss of earning capacity.
•Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property that was damaged in the accident.
•Other Out-of-Pocket Expenses: Any other expenses you have incurred as a direct result of the accident, such as rental car costs or household help, may also be recoverable.
Non-Economic Damages
Non-economic damages are for subjective, non-monetary losses that do not have a specific dollar value. California Civil Code §1431.2(b)(2) defines these as including:
•Pain and Suffering: Compensation for the physical pain and discomfort you have endured as a result of your injuries.
•Emotional Distress: This includes mental anguish, anxiety, depression, and other psychological impacts of the accident.
•Loss of Consortium: If the accident has negatively affected your relationship with your spouse, they may be able to recover damages for the loss of companionship, support, and intimacy.
•Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once enjoyed, you can be compensated for this loss.
Punitive Damages
In rare cases, you may be able to recover punitive damages. Under California Civil Code §3294, punitive damages are not intended to compensate you for your losses, but rather to punish the defendant for their egregious conduct and to deter similar behavior in the future. To be awarded punitive damages, you must prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud . A common example in car accident cases is when the at-fault driver was severely intoxicated.
Statute of Limitations: The Deadline for Filing a Lawsuit
It is critical to be aware of the statute of limitations, which is the legal deadline for filing a lawsuit. If you miss this deadline, you will likely lose your right to recover any compensation for your injuries and damages.
•Personal Injury: For a personal injury claim, you have two years from the date of the accident to file a lawsuit (California Code of Civil Procedure §335.1) .
•Property Damage: For a claim involving only damage to your vehicle or other property, you have three years from the date of the accident to file a lawsuit (California Code of Civil Procedure §338) .
Exceptions and Tolling
There are a few exceptions that can “toll” or pause the statute of limitations, including:
•If the injured person was a minor at the time of the accident.
•If the at-fault party leaves the state of California.
•The “discovery rule,” which applies when an injury is not discovered until a later date.
Special Deadlines for Claims Against Government Entities
If your accident was caused by a government employee or a dangerous condition on public property, the rules are much stricter. You must file a formal administrative claim with the responsible government agency within six months (180 days) of the accident (California Government Code §911.2) . If your claim is denied, you then have a limited amount of time to file a lawsuit.
Wrongful Death Claims
If a car accident results in a fatality, certain surviving family members may be able to file a wrongful death lawsuit to recover damages for their losses. Under California Code of Civil Procedure §377.60, those who can file a wrongful death claim include the deceased person’s:
•Surviving spouse
•Domestic partner
•Children
•Grandchildren (if the deceased person’s children are also deceased)
Damages in a wrongful death case can include funeral and burial expenses, the loss of the deceased’s financial support, and the loss of their love, companionship, and guidance.
Why You Need an Experienced California Car Accident Attorney
Navigating the complexities of California’s car accident laws while trying to recover from your injuries can be overwhelming. An experienced personal injury attorney can be your strongest advocate and can handle all aspects of your claim, including:
•Investigating the accident to gather evidence and determine fault.
•Dealing with insurance companies and their adjusters on your behalf.
•Ensuring you receive the proper medical care.
•Accurately calculating the full extent of your damages.
•Negotiating a fair settlement.
•Filing a lawsuit and representing you in court if necessary.
At Steven M. Sweat, Personal Injury Lawyers APC, we are dedicated to protecting the rights of accident victims and helping them obtain the justice and compensation they deserve. If you have been injured in a car accident, contact us today for a free consultation to discuss your case. Call 866-966-5240.