California has some of the country's longest highways and roads. It is estimated that California's highways stretch over 16,000 miles. There are, however, some roads that are more dangerous than others. A high-crash corridor presents a heightened risk of long-term injuries and lengthy medical treatment for victims.
California car accident laws provide laws and regulations for all state roads, street and highways to protect drivers. Drivers who fail to abide by these laws can and should be held accountable for any injuries they cause if they violate these laws and cause an accident. If you have been in a serious accident, it is important to understand your rights and obligations.
If any injuries were sustained in the collision, both parties involved in the collision must remain at the collision scene until the police arrive. However, if the crash only caused property damage, the two drivers are merely required to exchange insurance information or settle the incident independently. If the driver who caused the accident flees the collision scene, they could be criminally charged with a hit-and-run. Regardless of fault, injured individuals should receive the treatment they need. Contacting insurers and filing accident reports can wait until the immediate danger has passed.
Drivers in an accident who cause injuries or fatality to a driver, passenger, pedestrian, or cyclist must report to local law enforcement as soon as possible. In most cases, you will make your report at the scene of the collision. However, if you do not make a statement to the police, note that California Vehicle Code Section 20008 states that the driver of a vehicle…involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report… to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. If you are unsure where to make this report, call your local police department and inquire how to file an accident report.
Another law in California’s Vehicle Code is that drivers must report an accident to the Department of Motor Vehicles if someone was injured, killed, or caused property damages over $1,000. To report your accident, visit the DMV’s website to download a copy of the Traffic Accident Report SR1 template. All reports must be made within 10 days of the accident.
Each state has different laws on how much compensation accident victims who share some portion of fault for the accident can claim. California is “pure comparative negligence” state. That means if you bear some responsibility for the accident, you can still seek compensation from those who were primarily responsible; however, your recovery will be reduced by the percentage of fault attributed to you. For example, say that you were driving over the speed limit when another driver failed to check her blind spot while merging, resulting in a collision. In this example, the other driver would bear the primary responsibility for the car accident, but you would also share some of the responsibility for speeding. In this instance, for example, a jury looked at the evidence and decided that your speeding contributed to the accident and they assessed you to be 10% at fault. Your recovery would then be reduced by that amount; that is, if you were awarded $100,000 you would receive $90,000. Therefore, while your compensation would be reduced by your accessed liability, you still have the right to sue for compensation.
California law provides accident victims the right to claim compensation for their economic and non-economic losses. Non-economic losses are discussed in the Pain and Suffering Damages below.
Economic losses, also called special damages, aim to compensate for objectively provable monetary losses and expenses related to an accident. This includes past, present, and future medical bills, as well as past, present, and future loss of income and loss of earning capacity. Car accident victims often sustain injuries that cost thousands of dollars in emergency care, surgeries, doctor visits, physical rehabilitation, and prescription drugs. Additionally, some injuries will impact victims’ immediate ability to maintain regular employment and can continue to affect them financially for the rest of their lives. If another driver's negligence caused a victim’s injuries, they have the right to sue the responsible party for the total value of their economic losses.
Additionally, as it relates to your vehicle, you can recover costs associated with the repair of your vehicle and rental car/loss of use expenses
The most profound consequences of car accidents are damages for past, present, and future non-economic damages (also called general damages). Non-economic damages include:
physical pain
mental suffering
loss of enjoyment of life
disfigurement physical impairment
inconvenience
grief
anxiety
humiliation
emotional distress
These non-economic damages are separate and in addition to the economic damages discussed above. Non-economic damages are much more difficult to quantify as there is no fixed standard or measure. Non-economic damages depend on factors such as the severity of the injury, length of time to treat, and permanency of the injury. It is, therefore, imperative to seek the assistance of an attorney well-versed in personal injury law to receive maximum compensation for your economic and noneconomic injuries.
In many cases, severe car accidents cause fatal injuries. Victims may be killed on impact or may pass weeks or even months later as a result of their injuries. While no amount of money can compensate for the incalculable grief of losing a loved one, families of car accident victims should still seek any compensation they are legally entitled to. If you are the spouse, child, parent, or sibling of a California car accident victim, you may be entitled to file a wrongful death lawsuit against those responsible for the loss of your loved one. In a wrongful death lawsuit, victims’ families can seek compensation for financial costs related to their loved one’s funeral costs as well as compensation for loss of financial support, pain and suffering, loss of consortium in addition to other damages.
Were you involved in a dangerous accident because of another driver’s failure to follow local road rules? These road rules exist for a reason. Speed limits, distance minimums, school zone restrictions, texting restrictions, and road signs must be followed to prevent dangerous accidents. If a driver fails to follow these regulations, accidents may occur. When you consult with an attorney, they will assist you in collecting evidence that the other driver involved in the accident failed to abide by local road rules. This evidence will ensure they will be held financially liable for your injuries.
Every driver must be adequately covered by their insurer to keep California roads and highways safe. According to the California Department of Motor Vehicles, drivers in the state of California must be able to provide proof of insurance if requested by law enforcement or if the driver is involved in an accident.
How much coverage must California drivers carry? The state’s minimum liability insurance coverage requirements include $15,000 for injury or death to one person, $30,000 for injury or death to two or more people, and $5,000 to cover property damages. These coverage minimums are due to increase in the year 2025.
It is important that you not only carry liability insurance but also uninsured or underinsured motorist coverage. Say, for example, the person who hit you does not carry insurance, or $15,000 is not adequate to compensate you for all your injuries. What are you going to do? Let’s hope you purchased underinsured/uninsured motorist coverage before the accident. As an attorney, I highly recommend you have high uninsured and underinsured motorist coverage to protect yourself. Injuries sustained in car accidents are very serious and can sometimes lead to lifelong injuries and treatment.
There is no cap for most car accident claims in California. Car accident victims can sue the parties responsible for their injuries for both economic and non-economic damages. Because car accidents can result in severe, sometimes lifelong injuries, these damages can be costly. For example, brain and spinal trauma are not uncommon in severe car accidents and can require months or even years of medical treatment. As a result, typical car accident settlements can reach hundreds of thousands. To successfully sue someone for damages, it must be proven more likely than not that the defendant was the cause of the victim’s injuries.
While there is no cap on suing for personal injury damages, the at-fault party’s policy limit information must be taken into consideration in addition to the at-fault party’s personal assets. Proving economic and noneconomic damages are complicated. Collecting all the damages you are due is also complicated. You should seek legal advice at your earliest opportunity.
A statute of limitations is a deadline by which accident victims must file a lawsuit.
According to the California Code of Civil Procedure Section 335.1, the statute of limitations for accident victims to file a lawsuit after a car crash is two years from the date of the accident. There are exceptions to the two-year deadline; for example, if your car accident was the fault of a Governmental entity (such as the California Department of Transportation), you must file a claim within six months. Other exceptions exist and you should seek legal advice for your particular facts of loss.
Failure to file a car accident injury claim before the statute expires can prohibit victims from seeking compensation for their losses. Victims often suffer from prolonged injury, substantial medical debt, and chronic pain as a result of their accidents. Without fair compensation, these victims will see no justice for their losses. Therefore, victims must consult with an attorney to make sure they meet the required deadline to file their car accident injury lawsuit or their rights will be lost forever.
As an attorney, I highly recommend that you retain counsel as soon after the car accident as possible without delay. I personally reject most cases if too much time has passed since the accident. Some reasons include, not getting immediate medical treatment or following up on medical treatment and also not properly preserving evidence.
It has been longstanding California law that if you pass away before your case ends, your successor in interest or representative could only pursue damages that are limited to the loss or damage that the decedent sustained or incurred before death. These damages specifically did not include non-economic, general damages.
However, under California Code of Civil Procedure Section 337.34(b), successor in interest or decedent’s personal representative can now pursue pain, suffering, or disfigurement damages if your case was filed on or after January 1, 2022 and before January 1, 2026.
California is not a no-fault state. This means that accident victims must file a claim with their own insurance company. However, if the victim’s injuries exceed what the state of California considers the “serious injury threshold,” they can seek further compensation from the at-fault driver.
Awareness of available resources can help California car accident victims get the help they need in the aftermath of their accidents. Depending on the context of your car accident, victims may be entitled to seek further assistance and/or compensation from public or private entities throughout the state. If the following resources apply to your situation, we have provided contact information to help you get in touch with the appropriate parties.
If you have exhausted all options, including insurance claims, civil suits, and job benefits, and still have not received full compensation for your losses, the California Victim Compensation Board (CalVCB) may be your last resort. When all other avenues have failed, the California Victim Compensation Board provides financial assistance to victims. This assistance can help you to pay your medical bills or seek necessary treatments for the injury you sustained in the collision. Car accident victims (or their families) can apply for compensation through CalVCB’s online portal or by visiting your local County Victim Witness Assistance Centers.
Severe car crashes often result in traumatic brain injuries that can affect victims and their families for years to come. If you or a loved one have suffered a traumatic brain injury after a car accident, the California Department of Rehabilitation Traumatic Brain Injury (TBI) Program can help. The TBI Program provides funding to nonprofit organizations throughout the state to assist adults living with traumatic brain injury. Resources include potential access to assisted living, rehabilitation, and community reintegration. To get in touch with the TBI program, call 1-916-558-5780 or email TBI@dor.ca.gov.
Were you injured in a car accident at your work site or during the course of your employment? If so, you may be eligible to claim worker’s compensation benefits. The Division of Workers Compensation at California’s Department of Industrial Relations mediates disputes between injured employees and their employers and monitors the progress of worker’s compensation claims throughout the state. To get in contact with the Division of Workers Compensation, email DWC@dir.ca.gov.
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Sahar BarghoutReviewer
Sahar Barghout has been practicing for over a decade as the Managing Attorney of Barghout Law Group, A.P.C. specializing in personal injury law where she helps those facing unexpected injuries or the loss of a loved ones. She specializes in auto accidents, pedestrian accidents, bicycle accidents, truck accidents and dog bites. Visit website: https://barghoutlaw.com/
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