Car Accident Attorneys in Los Angeles

California Car Accident Laws

California car accident laws are designed to ensure that victims of car accidents receive proper compensation and that all drivers adhere to safe driving practices. These laws cover a range of aspects, from determining fault to mandatory insurance requirements and reporting obligations.

Fault and Liability

California follows a "fault" system, meaning that the driver who is determined to be at fault for causing the accident is financially responsible for the damages. This is typically established through evidence such as police reports, witness statements, and accident reconstructions. California also operates under the "comparative negligence" rule, which means that if multiple parties are found to be at fault, the responsibility for damages is distributed according to each party’s degree of fault. For example, if a driver is found to be 30% at fault for an accident, they are liable for 30% of the damages.

Insurance Requirements

Drivers in California are required to carry a minimum amount of liability insurance to cover damages or injuries they may cause in an accident. The minimum coverage requirements are $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. While these are the minimum requirements, many drivers opt for higher coverage to better protect themselves in the event of a serious accident. Uninsured and underinsured motorist coverage is also available, providing additional protection if the at-fault driver lacks sufficient insurance.

Reporting and Legal Obligations

In California, drivers involved in a car accident must stop at the scene and exchange information with the other parties involved, including names, addresses, driver’s license numbers, vehicle registration numbers, and insurance information. If the accident results in injury, death, or property damage exceeding $1,000, drivers must report the accident to the California Department of Motor Vehicles (DMV) within 10 days. Failure to report can result in penalties, including suspension of driving privileges.

Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in California is generally two years from the date of the accident. For property damage claims, the limit is three years. It is crucial to file claims within these timeframes, as missing the deadline typically results in the loss of the right to seek compensation through the courts.

Comparative Fault

California’s comparative fault rule means that even if a driver is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For instance, if a driver is awarded $100,000 in damages but is found to be 20% at fault, they will receive $80,000. This rule encourages fair distribution of damages based on the degree of responsibility.

Steps to Take Following a Car Accident

You must take a few important steps immediately following a car accident. 

These include:

What Are the Most Common Car Accident Injuries? 

Head Injuries

Drivers and passengers could end up with traumatic brain injuries, skull fractures, and even concussions. When a crash happens, your head can be thrown in any direction, depending on where the impact happened. This may cause your head to bump into the dashboard, steering wheel, or window.

Chest Injuries 

Chest injuries include broken ribs or bruises after the chest hits the steering wheel during a crash. Even passengers wearing seatbelts can bruise their chests during a crash due to the sudden impact force. 

Back Injuries

Injuring your back in a car accident can be awful, whether it be a minor soft tissue injury or more severe spinal cord damage. Spinal cord damage is dangerous and could even lead to total paralysis. 

Soft Tissue Injuries

A car accident may damage soft tissues such as muscles, ligaments, and tendons. These injuries may have been caused by whiplash. During whiplash, the ligaments and muscles in the neck are hyperextended, which causes pain and discomfort in the head, upper back, and neck.