California Car Accident Laws 2024 Explained

Due to increasing congestion on California’s roadways, in addition to hazardous driving conditions and reckless or distracted driving, California residents commonly face the risk of getting into a car accident. When a car accident happens, it can cause serious emotional and physical damages, from mounting hospital bills to long-term pain and suffering. It’s crucial for accident victims to understand California car accident laws to protect their rights and interests.

Understanding California’s At-Fault Car Accident Laws

When it comes to car accidents, California is an at-fault state, which means the driver found to be responsible for causing the car crash will likely be responsible for paying for all subsequent damages. Damages they may need to compensate for include property damage, lost income, and medical expenses.

Under this law, injured parties have the right to pursue compensation by filing a claim with the at-fault party’s car insurance company. It is critical to provide comprehensive documentation, such as police reports, statements from witnesses, and traffic cam footage, to establish liability.

How Comparative Negligence Laws Can Impact a Case

California car accident cases are governed by pure comparative negligence, in addition to being influenced by an at-fault state law. This means that car accident victims found to be partially at fault for causing the accident that led to their damages may still be entitled to recover compensation. It’s important to note, however, that the compensation amount they’re allowed to recover will be reduced proportionally as a function of their liability.

For example, if a driver is found to be 30% at fault for a car accident for which they suffered $100,000 worth of damages, they would only be entitled to receive a maximum of $70,000 based on the comparative negligence laws. A skilled car accident lawyer can help you understand how these policies may impact your final compensation amount.

California Mandatory Reporting and Statute of Limitations

In the state of California, individuals who are involved in an accident that causes injury, death, or damages worth more than $1,000 are required to report the accident to the DMV within 10 days. If they fail to do so, they can face penalties such as driver’s license suspension. Individuals who fail to report their accident to their insurer in a timely manner may also have complications with their claim or even suffer consequences impacting their policy.

Another key deadline that dictates California car accidents is the statute of limitations. For car accidents involving personal injury claims, the statute of limitations is generally two years from the date that the accident happened. This means that if an individual does not file a personal injury claim within this two-year period, they can lose their right to pursue compensation for damages suffered.

If the car accident involved property damage or a government entity, the statute of limitations may be different. Furthermore, there are certain exceptions that could result in an extension of the statute of limitations for a car accident case. It is crucial to consult with an experienced lawyer who can advise you on important deadlines for your case, ensuring you preserve your right to pursue compensation.

FAQs About California Car Accident Laws

What Types of Damages Can I Recover in a California Car Accident Claim?

In a California car accident claim, you may be entitled to recover a variety of economic damages, such as property damage, medical expenses, and lost income. Additionally, you may be entitled to compensation for non-economic damages such as emotional distress and pain and suffering. If the liable party’s actions were particularly egregious, you may receive punitive damages as well.

Is There a Cap on Damages for Car Accident Claims in California?

There is generally no cap on the amount of compensation that can be received for a car accident claim in California; however, depending on the case and the legal strategy, settlement amounts may be limited by the at-fault driver’s insurance policy. By working with an experienced and skilled car accident lawyer, you can understand the amount of compensation you can generally expect to receive and how any California caps may impact your claim.

Can I File a Car Accident Claim if I Was Partially at Fault in California?

Yes, even if you were partially at fault for your car accident, you may be entitled to file a car accident claim under California’s comparative negligence rules. Under these laws, the amount of compensation you are entitled to receive will be reduced in proportion to your liability for causing the accident. A skilled lawyer can help you understand how California’s comparative negligence rules may impact your final settlement.

Do I Need a Lawyer for a Car Accident Claim in California?

While it is not legally required to have an attorney to represent you during the car accident claims process in California, it is highly recommended to hire one. A skilled car accident lawyer can help you protect your rights and interests and increase your chances of receiving a settlement that fully reflects the damages you suffered. They can help you hold liable parties accountable for their wrongful or negligent behavior.

What Should I Avoid Saying to the Insurance Company After a Car Accident in California?

After a car accident, it is important to avoid admitting to any fault and making statements that might imply your injuries or suffering are less severe than they actually are. An insurance company may attempt to use anything you say against you to pay you less than you deserve or even deny your claim altogether. You can ensure your rights and interests are protected by consulting with your attorney before interacting with an insurance company.

Get Key Compensation for Your Car Accident With the Help of a Lawyer

Whether you are suffering from whiplash after a fender-bender or your loved one has been hospitalized for a long period of time after a car accident, it is important to pursue the compensation you’re entitled to and hold liable parties accountable for their actions.

An experienced car accident attorney from Heimanson & Wolf, LLP, can work closely with you to design and implement an optimal legal strategy for recovering compensation. Contact us today to begin going over the details of your case.