California Car Accident Laws Explained

Every state handles vehicle accidents differently. California car accident laws explain the rules for determining fault, the insurance requirements every driver is expected to meet, and the legal options an injured driver has after another driver has injured them in an accident. If you experience any type of vehicle crash, it is vital to understand these laws and your options for recovering compensation for your losses.

Important California Car Accident Laws All Drivers Must Know

In California, the fault rule applies to every vehicle accident. This means that if you believe another driver is responsible for causing your recent accident, you must prove fault before you can recover any compensation for the damages you suffered. Every driver is required to carry liability coverage with their auto insurance that accounts for bodily injury and property damage, and this insurance comes into play if they cause an accident.

Every driver has a duty of care to operate their vehicle safely and responsibly and to heed all posted traffic signs and signals at all times. Most of the accidents reported throughout the state happen because of negligence behind the wheel. This can take the form of distracted driving, speeding, or moving violations, and it is also possible for an accident to happen because of illegal misconduct, such as intoxicated driving.

If you are injured in an accident, proving fault will be an essential first step in your recovery process. An experienced attorney can help you gather the evidence you will need to prove fault for your accident and explain the next steps you will need to take in order to recover compensation for your damages. When insurance cannot fully cover your losses, a personal injury suit is likely to be your primary option for ensuring accountability.

Claiming Compensation With a Personal Injury Suit

If you have grounds to file a personal injury claim in California, success with this case will require clear proof of liability for the damages you suffered. An attorney can help you build the foundation of your case, gathering evidence you would likely be otherwise unable to obtain on your own. You must also establish causation between the defendant’s actions and your claimed damages, meaning you must prove they did not occur due to any other cause.

California’s personal injury laws enable injured drivers to seek full repayment of their economic damages, including vehicle repair costs, medical expenses, and lost wages following their accident. Additionally, the plaintiff in a personal injury case may seek pain and suffering compensation from the defendant that reflects the severity of the harm they suffered. This could form a sizeable portion of your total recovery if you suffered any catastrophic injuries.

Ultimately, the first steps you take following an accident are crucial. Complying with California car accident laws can help to ensure you are able to recover fair compensation for the damages you suffered and hold the at-fault driver accountable for the harm they have caused. You have a relatively short time to file an auto insurance claim, and you face a time limit for a personal injury suit, so you should connect with a Southern California car accident attorney as quickly as possible after your accident.

FAQs

How Is Fault Determined in a California Car Accident Case?

In a California car accident case, any types of evidence can be used to determine fault. In order to succeed with any legal efforts to recover losses following a car accident, an injured driver must identify the party who caused the accident, prove exactly how they caused it, and then show the full extent of their resulting damages. Cell phone records, police reports, eyewitness statements, and traffic camera recordings may all be used to help prove fault.

What Is Comparative Fault in a Car Accident Case?

In a car accident case, comparative fault can come into play when more than one driver shares fault for the accident. Each liable party will have a fault percentage assigned, indicating each party’s respective share of responsibility for the resulting damages. If a plaintiff in a car accident case is found partially liable, their fault percentage will be deducted from their case award to reflect their shared liability, and they will keep the remainder.

Is Every Driver Required to Have Auto Insurance in California?

Yes, every driver is required to have auto insurance in California, and their insurance must meet the state’s minimum coverage requirements. A policy must include bodily injury liability coverage and property damage liability coverage, and it is strongly recommended that drivers also purchase uninsured motorist coverage. This will allow them to claim against their own policy for coverage if an uninsured driver causes an accident with them.

How Much Compensation Can I Claim for a Car Accident?

The amount of compensation you can claim for a car accident will depend on the overall severity of the accident and the extent of your resulting damages. If you are able to prove that another driver is directly responsible for causing the accident, they are liable for any and all resulting damages. Your claimable damages could include vehicle repair costs, medical bills, lost income, and compensation for the pain and suffering you experienced.

Do I Need to Hire a Lawyer After a Car Accident?

You need to hire a lawyer after a car accident if you want to have the greatest chance of success with your recovery efforts. The right attorney can help you make clearer sense of your legal options in the aftermath of your accident, and they will also know how to streamline your proceedings to reduce the time you must wait to receive compensation for your losses. You’re more likely to maximize your recovery with an attorney’s assistance.

The team at Duque & Price has successfully helped many car accident victims recover throughout California, and we know the difficult legal questions you are likely to have in the aftermath of any accident. The state’s car accident laws are straightforward in some respects and complicated in others. Contact our team today to schedule a free consultation with an attorney who can help you make sense of your legal situation.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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