Auto accidents are one of the leading causes of injury and financial loss in California. Thousands of individuals are injured or killed each year in accidents that result from negligence, negligent driving, recklessness, or unsafe road conditions. If you are a driver, passenger, or pedestrian involved in an accident, it is imperative that you know your legal rights and available options.
California is a fault-based state for auto accidents, which means the party at fault must pay damages. Insurance companies do dispute claims, though, and victims can have to sue to get a full recovery. Having an idea of how to go through the claims process, prove liability, and recover damages can be the difference in the success of your case
Common Causes of Auto Accidents
Auto accidents can happen for a variety of reasons. Some of the most frequent causes include:
Driver-Related Causes
- Distracted Driving: Using a phone, eating, or adjusting the radio while driving can lead to serious collisions.
- Speeding: Driving over the speed limit reduces reaction time and increases the severity of crashes.
- Driving Under the Influence (DUI): Alcohol or drug impairment affects judgment, coordination, and reaction time.
- Reckless Driving: Aggressive behaviors such as tailgating, weaving through traffic, and ignoring traffic signals contribute to accidents.
- Drowsy Driving: Fatigue can impair a driver’s ability to focus and react to hazards.
Road and Environmental Factors
- Poor Weather Conditions: Rain, fog, and ice can make roads slippery and limit visibility.
- Road Hazards: Potholes, debris, and construction zones can lead to vehicle damage and accidents.
- Defective Traffic Signals: Malfunctioning stoplights or missing road signs can increase crash risks.
Vehicle-Related Issues
- Mechanical Failures: Brake failures, engine problems, or tire blowouts can cause sudden accidents.
- Defective Auto Parts: Manufacturer defects in airbags, seat belts, or steering systems can contribute to injuries.
Understanding the cause of an accident is crucial for determining who is responsible for damages.
Steps to Take After an Auto Accident
If you’ve been involved in an accident, taking the right steps can protect your health, legal rights, and financial future.
California law enables victims to recover for medical bills, lost wages, and other losses, but insurance companies and statutes of limitation can complicate the process. Understanding how to file a claim correctly ensures you have the best chance of recovering fair compensation for your losses and injuries.
Immediate Actions at the Scene
- Check for Injuries: Call 911 if you or anyone else is injured. Seek medical help even if injuries seem minor.
- Move to Safety: If possible, move vehicles out of traffic to prevent further accidents.
- Call the Police: A police report serves as an official record of the accident, which can be used for insurance claims and lawsuits.
- Exchange Information: Gather contact details, insurance information, and driver’s license numbers from all involved parties.
- Document the Scene: Take photos and videos of vehicle damage, road conditions, injuries, and traffic signals.
- Collect Witness Statements: If anyone saw the accident, their testimony could help support your claim.
Do Not Admit Fault: Even if you think you were partially at fault, avoid making statements that could be used against you.
After the Accident
- Seek Medical Attention: Some injuries, like whiplash or internal bleeding, may not appear immediately. A doctor’s report will also support your claim.
- Notify Your Insurance Company: Report the accident promptly to begin the claims process.
- Consult an Auto Accident Lawyer: An attorney can help negotiate with insurance companies and maximize your compensation.
Determining Liability in a California Auto Accident
California uses a comparative negligence system, meaning that multiple parties can share responsibility for an accident. The percentage of fault assigned to each driver affects how much compensation they can recover.
For example, if a court determines that:
- You were 20% responsible for the accident, and
- Your total damages amount to $100,000,
- Your final compensation would be $80,000 (reduced by 20%).
Liability is typically determined by:
- Traffic violations (e.g., running a red light or speeding).
- Witness testimony and police reports.
- Surveillance footage or dashcam evidence.
- Accident reconstruction experts analyzing the crash scene.
Filing an Insurance Claim After an Auto Accident
Auto accident victims typically file claims in one of two ways:
- First-Party Claims (Filed with your own insurance provider)
- If you have collision coverage, you can file a claim regardless of who was at fault.
- If the other driver is uninsured or underinsured, you may need to use uninsured motorist coverage.
- Third-Party Claims (Filed against the at-fault driver’s insurance)
- This is the most common way to seek compensation for medical bills, lost wages, and property damage.
- The at-fault driver’s insurance company may offer a settlement, but they often try to minimize payouts.
Dealing with Insurance Companies
Insurance companies are profit-driven businesses that may:
- Deny your claim by disputing liability.
- Offer a low settlement that does not cover all your damages.
- Delay payments in hopes you will accept less money.
A lawyer can handle negotiations and ensure you receive the compensation you deserve.
Compensation Available in Auto Accident Cases
Victims of auto accidents may be entitled to various types of compensation, including:
- Medical Expenses: Covers emergency care, surgeries, hospital stays, and ongoing treatment.
- Lost Wages: If the accident caused you to miss work, you can recover lost income.
- Pain and Suffering: Compensation for emotional distress, anxiety, PTSD, and reduced quality of life.
- Property Damage: Pays for repairs or replacement of your vehicle.
- Punitive Damages: If the accident was caused by gross negligence (e.g., a drunk driver), the court may award additional damages.
- Wrongful Death Damages: If a loved one was killed, surviving family members can seek compensation for funeral costs, loss of companionship, and financial support.
When to Hire an Auto Accident Lawyer
While minor accidents may be resolved through insurance, serious collisions often require legal representation. You should consider hiring an attorney if:
- The insurance company denies or undervalues your claim.
- You suffered severe injuries or permanent disability.
- The other driver was uninsured or underinsured.
- A loved one was killed, and you need to file a wrongful death claim.
An experienced auto accident lawyer can:
- Investigate the accident and gather evidence.
- Handle all communications with insurance companies.
- Negotiate a fair settlement.
- File a lawsuit if necessary to secure full compensation.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
