California Car Accident Laws 2024 Explained

Car accidents in California are unfortunately common due to factors such as increasing congestion, distracted driving, and poorly designed or degrading infrastructure. These crashes can have serious negative consequences, resulting in extensive physical, emotional, and financial damage.

By understanding California car accident laws, accident victims can work to protect their health and safety and take the right steps to pursue compensation. Consulting experienced car accident attorneys in Fontana can provide valuable guidance for navigating the legal process and securing fair compensation.

Establishing Liability and Fault in California

California is an at-fault state when it comes to personal injury cases. This means that the driver who is responsible for causing the accident will have to take on the burden of paying for subsequent damages. Car accident victims have the right under California law to recover compensation through the at-fault driver’s insurance company, working to recover key finances, such as lost income, medical bills, and property damage.

If multiple parties are found to be at fault for a California car crash, California’s comparative negligence laws apply. Under comparative negligence, an individual who is partially at fault for causing a car accident can still recover damages if they are found to be less than 50% at fault for the accident. They will have their compensation, however, proportionally reduced based on the extent to which they were responsible for causing the accident. Understanding what to do after a car accident that’s not your fault can help protect your rights and ensure you follow the necessary steps for a successful claim.

Reporting a California Car Accident

Individuals who have been involved in a car accident that causes injury, death, or more than $1,000 in property damage are required to fill out and submit an SR-1 Form within 10 days of the accident to the Department of Motor Vehicles (DMV). Failure to do so can result in serious penalties.

Furthermore, any accidents that involve that or injury should be reported to the local police or the California Highway Patrol. The police report is typically a key piece of evidence in personal injury cases.

Understanding the Statute of Limitations for Car Accident Claims

The statute of limitations is the period of time an individual has to file a personal injury lawsuit for their car accident claim after the accident occurs. As a general rule, the statute of limitation for car accidents is two years. Cases involving property damage typically have a three-year statute of limitations. A skilled attorney can help you understand any pertinent deadlines relevant to your case to ensure you protect your right to pursue compensation.

Insurance Coverage Requirements

In California, drivers are required to have minimum liability insurance to legally drive. In 2024, the minimum damage coverage amounts are $15,000 per person and $30,000 for accidents with one than one person injured to cover the expenses of subsequent injuries; $5,000 is required to cover property damage.

These mandatory limits may not cover the full extent of the damages of the car accident, necessitating different avenues for pursuing compensation, such as uninsured or underinsured motorist protection for personal injury lawsuits. An experienced car accident attorney can assist you with exploring the various pathways for optimizing your compensation after your car accident, such as through negotiation with various insurance companies.

FAQs About California Car Accident Laws

What Should I Do Immediately After a Car Accident in California?

After getting in a car accident in California, it is critical to prioritize your health and safety. Pull over to the side of the road where there is no impending danger, such as oncoming traffic. If you or someone else in the crash has suffered serious injuries, it is important to let 911 know so that they can dispatch adequate medical personnel. Exchange critical contact and insurance information with other parties involved and deeply document what happened.

Have a medical professional check your health and contact a lawyer as soon as possible.

Is Reporting a Car Accident to the DMV Required?

In California, a person is required to report a car accident to the DMV within a period of 10 days if anyone was injured or died in the car crash. Furthermore, even if nobody was injured or killed, if there were damages that amounted to more than $1,000, a person must report the accident to the DMV. Individuals who fail to report their accidents in a timely manner may be penalized, such as potentially having their licenses suspended.

What Is the Statute of Limitations for Filing a Car Accident Claim in California?

For a California car accident claim, the statute of limitations is typically two years from the date the accident happened. This means that if an accident victim does not file a personal injury lawsuit within two years after suffering their injuries, they may lose their right to pursue the compensation they are entitled to.

As property damage claims and accidents regarding government entities have different timelines, it’s important to work with a skilled lawyer to understand your specific deadlines.

Does California Follow an At-Fault or No-Fault System for Car Accidents?

The state of California is at fault when it comes to car accidents. This means that the driver who is found to be responsible for causing the accident will be held accountable for paying for the subsequent damages. Car accident victims can seek compensation under California’s at-fault law through the insurance company of the party responsible or through a personal injury lawsuit.

How Is Fault Determined in a California Car Accident?

The fault in a California car accident is determined by insurance companies and courts by taking into account critical evidence from the scene of the accident, such as photos and videos, in addition to statements from witnesses. Sometimes, accident reconstruction expert analysis may be taken into account as well, in addition to police reports, which include an initial assessment by law enforcement personnel of who was at fault.

Protect Your Rights and Interests After a Car Crash With an Experienced Personal Injury Lawyer

Being involved in a car crash in California can be particularly devastating due to the sudden financial, physical, and emotional losses that can be suffered. You should not, however, have to take on the financial burden for an accident that you were not responsible for causing. An experienced car accident lawyer from Karlin & Karlin can work to prove the other party’s responsibility for causing your accident and help you pursue damages.

You are not alone. Contact us today to get started discussing your case.