How Does California Car Accident Law Work?
California’s car accident law is built on negligence and pure comparative fault, meaning that responsibility (and compensation) is allocated based on each party’s percentage of fault. Understanding these principles helps you know what to expect after a Bay Area collision.
The Four Elements of Negligence
- Duty of Care: Every driver must operate safely and obey traffic laws.
- Breach of Duty: A failure to perform this duty,speeding, DUI, distracted driving.
- Causation: You must prove the breach directly caused your injuries.
- Damages: Demonstrable economic losses (medical bills, lost wages) or non‑economic losses (pain, emotional distress).
Pure Comparative Fault
- California uses a pure comparative negligence system. Even if you’re 90% at fault, you can still recover 10% of the total damages. However, your award is reduced by your own percentage of fault.
Statute of Limitations
- Personal injury: Lawsuits must be filed within two years of the date of the crash (Cal. Code Civ. Proc. § 335.1).
- Property damage: One‑year deadline from the date of the accident.
Mandatory Insurance Requirements
- Liability coverage: Minimum $15,000 per person/$30,000 per accident for bodily injury; $5,000 for property damage.
- Optional uninsured/underinsured motorist coverage: Protects you if the at-fault driver lacks adequate insurance.
Dealing with Insurance Companies
- First notice of loss: Notify your insurer promptly, but defer giving recorded statements until you’ve talked to an attorney.
- Claims adjuster tactics: They may offer quick, lowball settlements to close files. Having experienced counsel prevents undervaluation.
Tip: Mary Alexander can guide you through California’s legal framework, explain your rights under comparative fault, and develop a strategy tailored to your unique situation.
