Car accidents are, at best, an inconvenience. At worst, they can upend your life and the lives of your loved ones. Between fixing up your car and getting your health back to baseline, you must also find time to speak with insurance companies.
Someone has to be at fault for a California car accident. Whether or not you are determined to be the one responsible for a wreck has profound implications for the post-wreck legal process. Thompson Law has deep experience in handling car accident claims and getting justice for our clients—to the tune of $1.9 billion.
No, California is not a no-fault state. Like most states, it uses an at-fault system to determine payouts after car accidents and other torts.
What does it mean for California to be an at-fault state? This means that, after an auto accident, the driver who is not at fault (claimant) will pursue an insurance claim (and sometimes a lawsuit) against the driver(s) who caused the accident. However, the money apportioned for the claimant may be reduced if they were determined to be partially at fault. Thorough investigations to determine fault allocation are crucial.
Drivers in no-fault states who get in auto accidents must first file claims with their own insurance companies for compensation. No-fault states typically require drivers to purchase specialized insurance policies (personal injury protection), so their post-crash expenses are covered.
Let’s say you get T-boned in an intersection by a driver who ran a stop sign. In California, you’d file a claim against the other driver’s insurance provider. Conversely, if you were to get into the same type of accident in Florida, a no-fault state, you’d first look to your insurance policies for compensation.
Insurance adjusters, attorneys, and other parties use various factors to determine liability in California car accidents. Thorough investigations are crucial to determining the percentage of liability every driver holds for a particular wreck. State laws provide a foundation for determining fault, but the evidence can fill in the gaps to tell the complete story.
A common cause of car accidents is negligence on behalf of the at-fault driver. Non-statutory negligence means that a driver failed to exercise reasonable care while operating their vehicle. “Non-statutory” here means that the negligence would not require a violation of codified law.
How is “reasonable” defined in this context? It’s not set in stone, but taking reasonable care means doing what a normal, ordinary person would do in the same circumstances. For instance, a reasonable person would not be more concerned with changing radio stations or taking selfies while driving down the highway.
A driver commits statutory negligence when they violate specific traffic laws. Driving under the influence of alcohol or drugs is a common violation of state law—Division 11 of the California Vehicle Code, to be more specific. Another example of statutory negligence would be following a vehicle more closely than a reasonable person would in similar circumstances.
Car accident claims in California are not all-or-nothing deals. California law recognizes that multiple drivers often share at least some of the blame in many auto accidents. This comparative negligence standard does not prevent compensation from going to drivers who are partially at fault, but it does reduce the amount they might get.
To illustrate the comparative negligence standard, let’s consider an auto accident involving two cars. Driver A was traveling through a green light when Driver B, who was facing the opposite way, failed to yield to Driver A while making a left turn.
While Driver A had the right of way, the fact they were speeding means Driver B was only 80% at fault for the accident. Therefore, when Driver A sues Driver B for their share of the damage (determined to be worth $50,000), Driver A gets $40,000, or 80% of $50,000.
The more evidence you can collect, the clearer the liability picture will be during the post-crash claims process. You should, at minimum, ask for the police report and interview anyone who witnessed the accident. We also advise that you take photos of the crash scene, including the damaged parts of the vehicle.
Beyond those pieces of evidence, you might ask nearby businesses or government entities for video footage of the crash. Don’t forget to hold onto medical records, as well.
Drivers involved in an accident usually share at least some liability for the crash, but the story might not end there. The hypothetical accident we mentioned just above illustrates the role of comparative negligence when an accident involves two drivers, but many accidents involve three or more vehicles.
Imagine, for instance, that a third driver, Driver C, also sustained injuries and property damage in the crash. Driver C was following right behind Driver A—a little too closely, in fact. While Driver B is still the most liable for the crash, Driver C probably holds some liability for following Driver A too closely.
Sometimes, a party who wasn’t even at the scene can be at fault for an accident. Government entities, for instance, have a responsibility to maintain safe road conditions, so there are circumstances when the government is determined to be at fault. In other examples, a company could be at fault. Occasionally, trucking companies push their drivers to work longer than the law allows, which can result in drowsy truck operators, in which case the trucking company could be at fault.
The latest year for which the California Office of Traffic Safety has in-depth statistics about traffic accidents is 2021.
Here are some highlights:
While we are happy to consider representing anyone looking for justice after a California traffic accident, we’d much rather you stay safe on the roads and not have to call us. To that end, we’ve compiled some tips to reduce your chances of getting involved in a car accident.
Licensed drivers must take certain actions after getting in a car accident. You must show your driver’s license and insurance to the other driver. You might also need to share this information, plus your auto registration, with a police officer if one arrives on the scene. You must also move your car off of the road if the accident produced no injuries or fatalities.
The second you get involved in an accident, the statute of limitations clock begins ticking. California drivers generally have two years from an accident to pursue a lawsuit against a responsible party. Some exceptions exist, but you should always act sooner rather than later.
Beyond your legal obligations, there are several things you need to do after an accident to help ensure your eventual claim is successful.
Call your insurance provider to report your accident as soon as possible. You must also report a $1,000+ accident to the DMV within ten days using an SR-1 form.
Your insurance provider will probably request all of the evidence you’ve gathered, including the police report and proof of medical treatment.
At least one insurance adjuster will probably contact you to ascertain your claim’s legitimacy. These adjusters leave no stone unturned during their accident investigations.
If you ever feel like you’re being taken advantage of or otherwise not being treated fairly, contact an attorney. An experienced California car accident lawyer can tighten the screws on insurance companies to ensure fair payouts.
The most obvious and immediate expenses related to car accidents are any medical care because of the accident and/or damage to the car. You may also submit claims for lost wages if your injuries force you to miss work for any length of time. Non-economic damages, such as emotional distress, can be pursued if your mental health takes a significant downturn after the accident.
Auto insurance policies have limits attached to them that dictate how much they can pay out in the event of a claim. For instance, a $100,000 policy will not pay over that amount to a potential claimant. If the other driver’s insurance policy is not enough to cover your expenses, you may have to sue them personally.
Car accidents—serious ones, especially—can result in a disturbingly wide range of physical injuries. Some of the most common include:
If you notify your insurance provider after the wreck and provide them with information, they should pay out the claims made against you. However, serious accidents sometimes require lawsuits, as insurance policies may not cover the full amount of the damages. Lawsuits may also result if your insurance company is unwilling to settle for a claimant’s demand that is within your policy coverage limit. Be prepared for your premiums to increase if you were at fault.
Avoid saying anything that might be construed as admitting fault. We recommend not speaking to insurance adjusters or answering any questions related to the accident’s alleged cause.
The immediate aftermath of a car accident can be a little hazy. There’s a lot to keep up with, and you might be dealing with significant injuries. Your best resource after a California car accident is an experienced, compassionate, and accomplished attorney.
Thompson Law will guide you every step of the way. From gathering and preserving crucial evidence to providing zealous court representation, our attorneys will not stop fighting for you.
Worried about legal fees? Don’t be—you only pay us if we get you money.
After a car accident, your only focus should be getting better. You shouldn’t have to put up with annoying or abusive insurance representatives. That’s our job—and we’ve helped clients recover over $1.9 billion so far.
With your swift action to preserve evidence after a crash, we’re prepared to go the distance to get you fair compensation. Call us for a free consultation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
