Understanding Car Accident Fault Laws in California

California follows a fault-based system for resolving motor vehicle accident cases involving multiple parties. This means that when any accident occurs involving two or more drivers, the driver responsible for causing the accident is liable for the resulting damages. Determining fault is sometimes complex, and it is possible for multiple drivers to share liability. It’s vital to hire a car accident lawyer as soon as possible so they can address any such issues in your case.

California law requires every driver in the state to have auto insurance. A policy must include, at a minimum, $30,000 in bodily injury liability coverage per person and $60,000 per accident, and $15,000 in property damage liability coverage. When a covered driver is found liable for causing an accident, their auto insurance policy can cover the damages they inflicted on others, up to the policy’s coverage limits.

Another important issue when it comes to understanding car accident fault laws in California is the state’s pure comparative negligence law. In some accident cases, the plaintiff will be found partially liable for causing their damages. This does not negate their ability to claim compensation from the defendant, but they will face a diminished recovery in proportion to their degree of fault for the accident.

Building a Car Accident Case in California

Proving fault is a crucial first step in any car accident case, and this may require evidence that you do not know how to obtain on your own. There is also a time limit for filing any type of personal injury case in California, and if you fail to meet this statute of limitations, you lose your chance to claim compensation for your damages.

An experienced California car accident attorney can secure the evidence needed to establish fault for the accident, and they will be invaluable when it comes to resolving any disputes regarding liability for your damages. Once your attorney has assessed fault for the accident, they can help you calculate the total damages you are eligible to claim and prepare you for the auto insurance claim-filing process.

Most insurance companies attempt to settle injury claims for as little as possible, so you should expect some pushback from the at-fault driver’s insurance carrier. Your attorney can gather all the evidence and documentation you need to submit to the insurance carrier, and they will be prepared to address any issues you encounter as the insurance company evaluates your claim. You’re more likely to receive a fair settlement offer with an attorney representing you.

When you need to file a personal injury case to recover your damages, you must prove that the defendant directly caused your claimed economic and non-economic damages. Many personal injury cases filed in California are resolved in pretrial settlement negotiations, but litigation may be unavoidable in some cases. Whatever your case requires, having a California car accident attorney on your side increases your chances of securing appropriate compensation.

Ultimately, understanding car accident fault laws in California is just one issue your case requires you to address. The team at Bentley & More LLP has years of proven experience representing injured clients in a wide range of accident cases, and we are confident we can help with yours. You have limited time to prove fault and pursue compensation for your damages, so reach out to our firm as soon as possible to learn how we can help.

FAQs

What Evidence Is Needed to Prove Fault for a Car Accident in California?

The evidence needed to prove fault for a car accident in California could include vehicle black-box data, cell phone records, police reports, eyewitness testimony, and traffic camera recordings, if available. Hire a car accident lawyer as soon as possible after your accident so they can start gathering evidence right away.

What Does Comparative Negligence Mean in a Car Accident Case?

In a car accident case, comparative negligence means multiple parties share fault for the accident. If a plaintiff shares liability with a defendant, the plaintiff can still recover compensation, but their percentage of fault will be deducted from their total recovery to account for their shared liability.

What Should You Do First After a Car Accident in California?

The first thing you should do after a car accident in California, if you are able to do so safely, is call 911 to report the accident. Do not leave the scene of a crash until first responders allow you to leave. While you wait for help to arrive, it’s a good idea to take photos of your injuries, the damage to your vehicle, and the positions of the vehicles in the road. These photos could be helpful in proving fault for the accident.

How Much Compensation Can I Claim for a Car Accident in California?

The amount of compensation you can claim for a car accident in California depends on several factors, such as the severity of your injuries and whether you share fault for the accident in any measure. A skilled California car accident attorney can accurately determine the full potential value of your case, so reach out to an experienced legal team as soon as possible after the accident.

Why Should I Hire a Car Accident Lawyer?

You should hire a car accident lawyer to increase your chances of securing appropriate compensation for your damages. An experienced local attorney can help you prove liability for the accident and assist you with understanding car accident fault laws in California that apply to your case. Your attorney can guide you through the insurance claim-filing process and help you build a comprehensive personal injury claim if necessary to secure compensation.

The attorneys at Bentley & More LLP have years of proven experience representing clients in a wide range of complex vehicle accident cases throughout California, and we are confident we can help you reach a positive conclusion in your case. Understanding car accident fault laws in California is just one aspect of your legal proceedings. Contact us today to schedule a free consultation with our team, and we will explain your recovery options.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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Understanding Car Accident Fault Laws in California

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