With more than 39 million residents, car accidents in the state of California are a daily occurrence resulting in thousands of injuries and deaths every single year. The state’s car accident laws were designed to help navigate injured victims through the personal injury process following a crash. These laws cover topics such as:
If you are involved in a car accident in California, it is important to be familiar with the state’s accident laws. Every accident is unique, and each case requires the aid of an experienced lawyer to get the most out of your personal injury settlement.
At Local Accident Reports, our nationwide car accident attorneys know how profoundly traumatic car accidents can be. Our goal is to support our injured clients and protect their right to compensation. Contact us to find out more about what we can do for you after a serious car accident.
Your main focus after a car accident is to check everyone for injuries and call 911 if anybody requires medical assistance.
After making sure that everyone is safe, report the accident to the California Highway Patrol or a local police department.
California law gives you 24 hours to report the crash if death or injuries occur. A police crash report will also support your claim and give your lawyer some very important details regarding liability in your case.
For car accidents that do not result in bodily harm but cause more than $1000 in property damage, the accident must be reported within ten days. After law enforcement has been notified, you will need to get some information from the other driver or drivers involved, including their:
Not only is providing this information required by law but doing so also guarantees that nobody will be able to accuse you of fleeing the scene.
If you can safely do so, take videos or pictures of the vehicles and as much of the crash scene as possible. Try to talk to any bystanders who may have witnessed the incident. Never say anything that can be interpreted as an admission of guilt, including apologizing. Collecting as much information as you can will help your attorney prove liability and build a strong claim for compensation.
Most car accidents get reported immediately, especially if there are injuries. You most likely had police at the scene of your accident if any legitimate property damage or injuries occurred, so there may already be a police report you can get a copy of.
If you do need to report a California car accident, your first step should be to contact the Department of Motor Vehicles. You only need to report your crash to the DMV if it resulted in the following:
If you fail to follow proper accident reporting procedures, you run the risk of having your driver’s license revoked.
The SR-1 form may be completed online via the DMV website, by mail, or in person at your local DMV office. To fill out the form properly, you will need to have the following information:
If you are having difficulties completing your SR-1, you should speak with an experienced California car accident lawyer for help. Local Accident Reports has the resources to connect you to a reputable lawyer in your area who can ensure that the legal process goes as smoothly as possible.
California law states that all drivers must “provide evidence of financial responsibility” when renewing their vehicle’s registration and when prompted by law enforcement officers in the event of a car accident. In this context, financial responsibility refers to auto insurance.
Every state sets its own auto insurance requirements. In California, drivers are required to carry 15/20/5 as the minimum amount of auto insurance if they are operating a vehicle. This means California drivers must carry:
If you are caught driving with no or insufficient auto insurance, you could face up to six months in jail as well as hefty fines.
Although you have technically met your legal obligation by carrying the minimum amount of car insurance, if your accident was serious, the minimum coverage is probably not going to provide adequate coverage for your injuries and damages.
Fortunately, California does offer additional insurance coverage options that could be enormously helpful to you when dealing with a major car accident.
California law requires car insurance companies to offer their customers uninsured or underinsured motorist coverage. Although insurance companies are obligated to offer this coverage, you are not required to purchase it. UM/UIM is considered additional coverage.
If you are ever involved in a traffic accident with a driver who is uninsured, UM coverage makes it possible for your injuries and other damages to be covered by your insurance carrier, provided that the crash was not your fault.
UIM coverage lets your insurance cover your injuries and damages in the event the other driver does not carry enough insurance to do so.
According to recent statistics, California is in the top 10 states with the highest percentage of uninsured drivers at 16.6%. The state with the most uninsured drivers is Mississippi, at 29.4%.
Although California drivers are not required to purchase UM/UIM coverage, it is strongly recommended since the odds of being involved in an accident with an uninsured or underinsured motorist are extremely high.
As previously stated, California’s minimum insurance coverage requirements may not be enough to cover all of your accident-related damages. If you were liable for the accident, the victim could consult with a car accident lawyer about pursuing your assets. It is in your best interests to purchase additional coverage when you insure your vehicle. Some examples of additional insurance coverage are:
Contact your insurance company for additional information on how to make sure you have ample coverage in case you are involved in a California car accident.
One question that California car accident attorneys often get concerns how fault is determined in a car accident. Understanding how liability is assigned is important because it dictates who is liable for damages.
California abides by the doctrine of pure comparative negligence. This means that multiple parties can be liable for damages caused by a single accident.
Pure comparative negligence laws meet two distinct needs:
For instance, if a driver runs a red light and crashes into a vehicle traveling well over the speed limit, then both drivers would be partly responsible for the collision. The driver who ran the red light might be found 75% at fault, while the speeding driver is liable for the remaining 25%. Each party will pay according to their percentage of fault, and their settlement awards will be decreased by that same amount.
If a car accident involves more than two vehicles, each driver will have to cover their percentage of liability.
California car accident victims should always consult with an attorney if they have questions about liability. An experienced car accident lawyer can accurately establish fault and determine what damages you are entitled to.
Insurance companies are concerned with their bottom line, not the rights of an accident victim. To protect their company’s profits, they strive to award the smallest payout possible. A qualified personal injury attorney will have your best interests in mind and work hard to ensure you get the financial compensation you are entitled to for your damages.
The statute of limitations is a time limit set by the state and imposed on filing personal injury claims, including those involving car accidents. The statute of limitations for filing for damages after a car accident in California is:
It is crucial that your claim is filed before the statute of limitations expires. If you miss the deadline, you will not be permitted to file another claim and will be barred from receiving any financial recovery at all.
There are some circumstances under which a lawyer would be able to prolong the statute of limitations. This delay is referred to as tolling the statute and may be applicable to your case if:
If your car accident involved a government vehicle or agency, the statute of limitations is significantly decreased, giving you only 180 days from the day of the crash to file.
California personal injury laws allow car accident victims to recover damages caused by someone else’s negligence. Generally speaking, car accident victims are eligible for two forms of damages: economic and non-economic.
Economic damages are the objective monetary losses you incurred from the accident. Examples of common economic damages are:
Non-economic damages are the subjective non-monetary losses you incurred from the accident. Common examples of non-economic damages are:
Given the intangible nature of non-economic damages, many victims do not realize they are entitled to more compensation. Reach out to a California car accident lawyer to ensure you are being fully and justly compensated for all of the economic and non-economic damages you sustained.
If you were injured in a California car accident caused by another driver, you could be eligible to recover compensation for your medical bills, lost income, and more. The nationwide auto accident lawyers at Local Accident Reports can help you secure financial compensation that covers your physical injuries and emotional trauma. You can also find many other California car accident resources to help you during this trying time.
Call us at (888) 657-1460 to schedule your free consultation and find out what course of action our California car accident attorneys recommend for you.
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