California Car Accident Laws Explained

Cars are an integral part of daily life in California. Unfortunately, many drivers are involved in a car accident every day. Understanding the laws surrounding car accidents in California can help you understand your options if they happen to you. The following are California car accident laws (2024) explained.

Seat Belt Laws

In California, drivers and passengers are legally required to wear a seat belt in a vehicle. Infants and children under 8 years old and under 4’9” have to be in an appropriate safety seat in the back seat of the vehicle. If a driver or passenger is not properly restrained, a fine may be imposed. The amount of the fine can increase with subsequent offenses. In addition, traffic school may be required. California does not add points to your driver’s license for seat belt violations.

Helmet Laws

Motorcycle and motorized bicycle riders are also required to wear a US Department of Transportation-approved safety helmet when riding. While additional protective gear is recommended, it is not required. Not wearing a helmet, however, or wearing an improper helmet can lead to a ticket, a fine, and probation.

Auto Insurance Requirements

California requires every driver to maintain a minimum amount of liability insurance coverage on their vehicle in case of traffic accidents. Drivers who fail to do so may face fines and driver’s license suspension. The required minimum is:

• $15,000 for one person for injuries
• $30,000 total per accident for injuries
• $5,000 total per accident for property damage like car repairs

However, even an accident that only involves two cars and minimal injuries can quickly go over these minimums. While additional insurance isn’t required by law, you may be liable for any damages that exceed your policy’s coverage.

After an Accident

When there’s a car crash in California, drivers should not leave the scene. If they do, they can be charged with hit and run, and the penalties for conviction can be severe. Immediately after the accident, report the crash to law enforcement and follow any instructions they give you, such as moving your car off the road if no one is injured.

If anyone was injured or killed in the accident or if there was more than $1,000 in property damage, you are obligated to report the collision to the DMV within 10 days. Failure to report can result in having your driver’s license suspended.

Comparative Fault

California is an at-fault state for car accidents, which means that the party or parties who are determined to have caused the accident are also responsible for covering the cost of resulting injuries and property damage. California law observes comparative fault, also called comparative negligence. Under comparative fault, either party can recover damages, with the total amount of each claim reduced by their percentage of fault for the accident.

Legal Claims

Many car accidents are settled solely through car insurance claims. But when the liable party doesn’t have insurance or their policy doesn’t cover all the damages, Californians are entitled to file personal injury claims against the liable parties. Liable parties are usually an insurance company, but in some cases, it could be another business, a government agency, or even another individual.

Personal injury claims in California can be for economic damages like car repairs, medical bills, lost wages, and other expenses. There are also non-economic damages, such as emotional distress, mental anguish, and chronic pain, especially in cases involving long-term or permanent disability or pain. Each accident has its own individual circumstances, and an experienced car accident lawyer can help sort out the liable parties and applicable damages.

Statute of Limitations

In most cases, a person who was injured in a car accident has two years from the date of the accident to file a legal claim. Sometimes, if the injuries don’t present symptoms right away, the timeframe may be extended. If you don’t file in time, you will likely lose the chance to file a claim.

California Car Accident Law FAQs

Q: Do You Have to Take a Car Insurance Settlement?

A: No, if a car insurance settlement offer seems too low or unfair to you, you do not have to accept it. An insurance company’s first offer will often be the lowest amount they are willing to pay. But if you don’t take an insurance settlement, you may need to hire an attorney to negotiate on your behalf and potentially represent you in a court case.

Q: Do I Need a Lawyer for a Car Accident in California?

A: Not every car accident needs a lawyer in California. If an accident doesn’t cause severe injuries or property damage, it may be resolved through insurance alone. However, if the injuries are more severe, if the other driver or insurance company contests the claim, or if the situation is more complicated, a car accident lawyer can be crucial for a positive outcome.

Q: What Is Pain and Suffering in a Car Accident?

A: Pain and suffering is a term that describes the mental, emotional, and physical pain resulting from injuries. Serious injuries can cause long-term or even permanent changes to the victim’s life as well, so pain and suffering can cover past, current, and future damages, depending on the severity of the injuries and the impact on the person’s life.

Q: How Long Does It Take to Get a Car Accident Settlement?

A: The time it takes to get a car accident settlement depends significantly on the facts of the case and the willingness of the other parties to cooperate. Simple cases or those with only minor injuries may only take a few months, and contentious cases, or those with serious injuries might take several months to years. The biggest factor in time is whether the claim requires a trial.

Get the Car Accident Injury Help You Need

At Freeman & Freeman, LLP, we’ve represented victims of car accidents and other personal injuries for more than 30 years. We fight aggressively to get our clients the compensation they need and give each case the personal attention it deserves. Contact our office today to schedule an initial consultation.