California Car Accident Laws Explained

Car accidents in California can occur in an instant and leave victims with devastating injuries and mounting medical debt. Car wrecks can range from minor fender benders to traumatic collisions that leave victims paralyzed. If you were caught in a car accident that resulted from the negligence of another party, it’s essential that you educate yourself on California car accident laws so that you and your lawyer can secure the compensation you’re owed.

Determining Liability in a California Car Accident

In California, determining liability in a car accident can be difficult, which is why understanding the state’s different laws is crucial. California operates using a fault-based auto accident system. This means that any driver who played a role in causing an accident can be held liable. To better understand liability in a California car accident, it’s important to first understand who can be held liable.

Parties that can potentially be liable include:

• The negligent or reckless driver of the vehicle
• The employer of the vehicle, especially in cases involving commercial trucks or delivery vehicles
• If the individual involved in the accident was not the owner of the vehicle, the official owner of the vehicle may be liable as well
• The parents of any minor teenager who caused the accident due to drunk or drugged driving
• A bar, restaurant, or club that served the at-fault driver alcohol when they should have reasonably known the driver would get behind the wheel of their vehicle drunk
• The hosts of a private party who served alcohol to the at-fault driver when they should have been reasonably aware the driver would be operating their vehicle impaired
• The manufacturer or designer of a faulty or malfunctioning car component that caused the accident
• The local government body or municipality in charge of keeping up road maintenance if a poor road condition, such as a pothole, caused the accident

Establishing Fault in a California Car Accident Claim

In order to establish liability through negligence under California laws, you and your attorney must be able to prove the following:

• Duty of Care. You must be able to show that the at-fault driver owed you a duty of care to operate their vehicle in a safe way.
• Breach of Duty. You then must be able to show that the driver breached this duty by taking part in a negligent or reckless act, such as driving distracted or operating their vehicle under the influence of drugs or alcohol.
• Causation. Next, you must be able to show that this breach of duty was the direct cause of the car accident.
• Damage. Finally, you and your attorney must be able to demonstrate that the accident caused you to suffer certain injuries and monetary losses.

Statutes of Limitations in California

If you decide to take legal action against the party who caused you harm in a California car accident, it is important that you understand the statute of limitations attached to your accident claim. In California, a statute of limitations is a legal deadline placed on personal injury cases, such as car accident claims. If your claim is not filed by this deadline, you may lose out on your chance to recover damages.

For car accident claims in California, victims have exactly two years from the date of the accident to determine the grounds for their claim, hire an attorney to help them build a strong case against the liable party, assemble the necessary evidence, and file their claim. If the car accident claim is not filed within these two years, your case will most likely be thrown out by the courts and denied.

Car Accident Laws FAQs

Q: What Does a Car Accident Lawyer Charge in California?

A: It can be difficult to offer an exact number as to how much an attorney might charge for their services for a car accident claim in California. This is due to the fact that there are many variables involved that can impact the final cost of your personal injury attorney. These variables can include the duration and complexity of your case as well as the experience of your lawyer. You should also ask your lawyer if they operate on a contingency fee basis.

Q: What Injuries Can Occur in a Car Accident in California?

A: Victims of car accidents can suffer from a myriad of injuries. Common injuries seen in California car accidents include broken bones, blood loss, internal bleeding, damage to internal organs, nerve damage, head injuries, spinal cord injuries, traumatic brain injuries, soft tissue injuries, and lacerations.

Q: Is California a No-Fault State for Car Accidents?

A: No, California does not operate as a no-fault state. Instead, California is a fault-based state. This means that the driver who is at fault for the accident is solely held liable for the damages, compensation, and reimbursements made to the injured or harmed party. If multiple parties were responsible, then multiple parties can also be held liable. You should consult an car accident attorney if you were injured in a car accident that involved multiple people and vehicles.

Q: Why Do You Need a Lawyer for a Car Accident Claim in California?

A: Retaining the services of an experienced California personal injury lawyer can make all the difference when it comes to securing compensation. Your attorney can work to determine the liable party, calculate the overall value of your claim, collect evidence to support your claim, and negotiate or litigate on your behalf. A skilled lawyer can fight to ensure you receive the maximum amount of damages available in your situation and protect your rights fiercely.

Belgum, Fry & Van Allen: Your Trusted California Car Accident Attorneys

At Belgum, Fry & Van Allen, our team has dedicated their careers to supporting California residents through complicated personal injury claims. We are prepared to aggressively advocate for justice as we work with you to pursue the compensation you rightfully deserve and hold all liable parties accountable for their actions. Contact our offices today to schedule a consultation with our team and learn more about our superior personal injury services.