Car Accident Lawyer in California

Get safe and get medical help first. If anyone is hurt, California law requires the drivers involved to stop, help and share their information. After that, the most useful things you can do are simple: document what happened, keep every record, make the reports the law requires, and talk to a lawyer before you talk to any insurance company. Here are the steps, in order.

1. 1

   Stop, check on everyone and call 911.

   If anyone is hurt, call 911. A driver in a crash that injures someone must stop at the scene and give reasonable help, including arranging a ride to a doctor or hospital when it's clearly needed or the injured person asks.

   Sources: Vehicle Code §20001 (opens in a new tab); Vehicle Code §20003 (opens in a new tab)

2. 2

   Exchange information and document the scene.

   Drivers in an injury crash must share their name, address and vehicle registration number, plus the owner's name and address, and show a driver's license if asked. Get the other driver's insurance details and the names and phone numbers of any witnesses. Take photos of the vehicles, the road, traffic signals and any visible injuries.

   Source: Vehicle Code §20003 (opens in a new tab)

3. 3

   Get checked out, and keep the records.

   See a doctor even if you feel okay. Some symptoms, such as those of a concussion, may not appear for hours or days. Keep every medical bill, record and receipt, and write down what you remember about the crash while it's fresh.

   Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)

4. 4

   Make the reports the law requires.

   If anyone was hurt, the drivers involved must make a written report within 24 hours to the CHP or, inside a city, to the CHP or the city police department. A crash that injures someone or causes more than $1,000 in property damage must also be reported to the DMV within 10 days. Your lawyer can file the DMV report for you.

   Sources: Vehicle Code §20008 (opens in a new tab); Vehicle Code §16000 (opens in a new tab)

5. 5

   Talk to a lawyer before any insurance company.

   That includes your own. A lawyer can deal with the insurance companies for you. If the other driver's insurance company calls, you don't have to give them a recorded statement. You can say no and talk to a lawyer first.

Before you sign anything from an insurance company, talk to a lawyer. A free case review can help you understand your options.

We help drivers, passengers, pedestrians and cyclists who were hurt in crashes caused by someone else's carelessness, including:

• Rear-end crashes

  Including chain-reaction crashes on freeways and in stop-and-go traffic.

• Intersection crashes

  Red-light running, unsafe left turns and drivers who fail to yield.

• Hit-and-run crashes

  When the other driver leaves the scene, your own insurance may still help.

• Uninsured and underinsured drivers

  When the driver at fault has no insurance, or not enough.

• Rideshare crashes

  Accidents involving an Uber or Lyft driver, whether you were a passenger or in another car.

• Passenger injuries

  Hurt while riding with someone else, even a friend or family member.

• Pedestrians and cyclists

  People on foot or on a bike who were hit by a car.

• Government vehicles and dangerous roads

  City buses, other public vehicles and poorly maintained roads. A shorter deadline applies.

One of the first questions in a car accident claim is whether a driver broke a rule of the road. California's Vehicle Code sets those rules. When a driver breaks a safety law, the violation causes the kind of harm the law was meant to prevent, and the injured person is someone the law was meant to protect, California law presumes the driver was careless. The driver can try to rebut that presumption (Evidence Code §669 (opens in a new tab)). These are some of the rules that matter in car accident claims:

• Using a handheld phone

  Drivers can't hold and operate a phone while driving. Hands-free use is allowed, and a mounted phone can be used with a single tap or swipe.

  Source: Vehicle Code §23123.5 (opens in a new tab)

• Driving too fast for conditions

  Drivers can't go faster than is reasonable for the weather, visibility, traffic and road surface.

  Source: Vehicle Code §22350 (opens in a new tab)

• Following too closely

  Drivers can't follow another car more closely than is reasonable for the speed, the traffic and the road.

  Source: Vehicle Code §21703 (opens in a new tab)

• Unsafe left turns

  A driver turning left must yield to oncoming traffic that's close enough to be a hazard.

  Source: Vehicle Code §21801 (opens in a new tab)

• Running a red light

  A driver facing a steady red light must stop and wait for a signal to go. Turning right on red is allowed after a full stop unless a sign says otherwise, and the turning driver must yield.

  Source: Vehicle Code §21453 (opens in a new tab)

• Driving under the influence

  It's illegal to drive under the influence of alcohol or drugs, or with a blood alcohol level of 0.08% or more.

  Source: Vehicle Code §23152 (opens in a new tab)

A claim can cover the losses the crash caused you. California law sorts them into two groups: economic losses, which are bills and lost income you can document, and non-economic losses, like pain and emotional distress. What a claim is worth depends on its facts, and no lawyer can honestly promise a result. A claim may include:

If you were driving without insurance, California law may limit what you can recover. See the uninsured driver rule below.

A few California rules can make a big difference in a car accident claim: the deadlines to file, how fault is shared, whether you had insurance, and whether a government agency was involved. Each rule has exceptions, and the right answer depends on your facts. Treat this as a starting point, not legal advice.

Deadlines to file a lawsuit

The deadline to file a lawsuit for injuries is generally two years (Code of Civil Procedure §335.1 (opens in a new tab)). A lawsuit over damage to your car or other property generally has a three-year deadline (Code of Civil Procedure §338 (opens in a new tab)). Some exceptions can change these deadlines, so don't wait to find out which ones apply.

Six months if a California public agency is involved

If a California city, county or state agency played a part, for example through a city bus or a dangerous public road, you generally have to file a written claim with that agency within six months (Government Code §911.2 (opens in a new tab)). That's much shorter than the usual deadline, and missing it can put the claim at risk. Claims against federal agencies follow different rules.

If you were partly at fault

California uses pure comparative fault. You may still recover if you were partly at fault, but your damages are reduced by your share. If a jury finds you 20% at fault, for example, your damages are reduced by 20% (CACI No. 405 (opens in a new tab); Li v. Yellow Cab Co.). Insurance companies may argue you were partly to blame, which is one more reason evidence from the scene matters.

If you didn't have insurance (Proposition 213)

California law generally bars you from recovering non-economic losses, like pain and suffering, if you owned a vehicle in the crash that wasn't insured as the law requires, if you were driving and can't show the financial responsibility (usually insurance) the law requires, or if you were convicted of DUI for the crash. You can still claim economic losses such as medical bills and lost wages. One exception: an uninsured owner hit by a driver convicted of DUI isn't barred (Civil Code §3333.4 (opens in a new tab)).

Hit-and-run and uninsured drivers

If the other driver had no insurance, or drove off and can't be found, your own uninsured motorist coverage may help, if your policy includes it. For a hit-and-run, this coverage generally requires that the other vehicle made physical contact with you or the car you were in, that the crash was reported within 24 hours to the city police or, outside city limits, to the sheriff or CHP, and that a sworn statement went to your insurance company within 30 days. A lawyer can handle these steps for you. Uninsured motorist claims also have their own two-year rule (Insurance Code §11580.2 (opens in a new tab)).