Car accidents are one of the primary causes of injury and fatality in the United States, injuring millions of individuals annually. From a simple fender-bender to a high-speed crash, car accidents can lead to serious bodily injuries, emotional trauma, financial setbacks, and chronic disabilities. Given that traffic jams are a routine part of driving in California, accidents are more frequent, making it important that drivers know their rights under the law, their insurance requirements, and their entitlements to compensation.
This handbook offers an in-depth overview of the causes of car accidents, liability, insurance claims, personal injury lawsuits, and the legal process required to obtain just compensation.
Common Causes of Car Accidents
Car accidents can happen for a variety of reasons, but some of the most common causes include:
1. Distracted Driving
Distracted driving is one of the leading causes of car accidents in the U.S. and includes:
- Texting, calling, or using a smartphone while driving.
- Adjusting the radio, GPS, or climate controls.
- Eating or drinking behind the wheel.
- Talking to passengers or engaging in other distractions.
2. Speeding
Exceeding the speed limit significantly increases the likelihood of a crash. Speeding reduces a driver’s reaction time, increases braking distance, and makes crashes more severe.
3. Driving Under the Influence (DUI)
Alcohol and drug impairment affect a driver’s judgment, coordination, and reaction time, increasing the risk of a collision. DUI-related crashes result in some of the most serious injuries and fatalities on the road.
4. Reckless and Aggressive Driving
Aggressive driving behaviors include:
- Tailgating (following another vehicle too closely).
- Weaving between lanes without signaling.
- Ignoring traffic signals or stop signs.
- Engaging in road rage incidents.
5. Poor Weather Conditions
Rain, fog, ice, and snow can create hazardous road conditions by reducing visibility and traction. Drivers who fail to adjust their speed in poor weather may cause accidents.
6. Mechanical Failures and Defective Auto Parts
Defective brakes, tire blowouts, malfunctioning airbags, and engine failures can contribute to accidents. In such cases, the car manufacturer or maintenance provider may be held liable.
7. Road Hazards and Poor Infrastructure
Negligently maintained roads, potholes, missing traffic signs, or construction zone hazards can increase the risk of crashes. In these situations, government entities responsible for road maintenance may be liable.
What to Do After a Car Accident
Car accidents can happen for a variety of reasons, but some of the most common causes include:
1. Check for Injuries and Call 911
- If anyone is injured, seek medical attention immediately.
- Even if injuries seem minor, some symptoms (such as whiplash, concussions, or internal bleeding) may not appear until hours or days later.
- Calling 911 ensures that law enforcement documents the accident in a police report, which can be crucial for insurance claims.
2. Exchange Information
Collect the following details from all involved parties:
- Driver’s name, contact information, and driver’s license number.
- Vehicle registration number and insurance details.
- Names and contact details of witnesses.
3. Document the Scene
Use your smartphone to take:
- Photos of the vehicles, damages, license plates, and road conditions.
- Pictures of traffic signals, skid marks, and weather conditions.
- Videos of the entire accident scene for evidence.
4. Do Not Admit Fault
Even if you believe you may have contributed to the accident, avoid making statements like “I’m sorry” or “It was my fault”. These statements can be used against you in an insurance claim or lawsuit.
5. Notify Your Insurance Company
Report the accident to your auto insurance provider as soon as possible. Most insurance companies require that you file a claim within a few days of the accident.
6. Seek Medical Attention
Even if you feel fine, seeing a doctor is crucial. Some injuries, such as soft tissue damage, concussions, or spinal cord injuries, may not show immediate symptoms.
7. Contact a Car Accident Lawyer
A personal injury attorney can help you:
- Gather evidence and police reports.
- Negotiate with insurance companies
- File a lawsuit if necessary.
Determining Liability in a Car Accident
Determining liability in a car accident is crucial for seeking compensation and holding the responsible party accountable. In California, fault is assessed based on negligence, traffic laws, and available evidence, such as police reports, witness statements, and accident reconstruction analysis. The state follows a comparative negligence system, meaning multiple parties can share fault, and compensation is adjusted accordingly. Identifying the liable party—whether it’s another driver, a vehicle manufacturer, or even a government entity—plays a key role in filing insurance claims or pursuing legal action.
1. California’s Comparative Negligence Law
California follows a pure comparative negligence system, meaning that even if you were partially responsible for the accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault.
For example:
- If you were 20% at fault for an accident and your total damages were $100,000, you would receive $80,000 after a 20% deduction.
2. Potentially Liable Parties
- The Other Driver – If another driver was speeding, texting, or reckless, they may be liable.
- Vehicle Manufacturer – If a defective vehicle part contributed to the crash, the manufacturer may be responsible.
- Government Entities – If road defects or missing traffic signs caused the accident, a city or state agency may be at fault.
- Employers of Commercial Drivers – If the accident involved a commercial vehicle (such as a delivery truck or rideshare car), the employer may share liability.
Filing a Car Accident Claim in California
Filing a car accident claim in California involves several important steps to ensure you receive the compensation you deserve. After an accident, you must report the incident, gather evidence, and notify your insurance provider as soon as possible. California follows a fault-based system, meaning the at-fault driver’s insurance is responsible for covering damages. You may file a claim with your own insurer, the other driver’s insurer, or pursue a personal injury lawsuit if necessary. Understanding the process, deadlines, and potential challenges can help you navigate the claims process more effectively and maximize your settlement.
1. Insurance Claims
Car accident claims typically start with filing a claim with the at-fault driver’s insurance company. The process involves:
- Submitting medical records, vehicle damage reports, and police reports.
- Negotiating a settlement with the insurance company.
- If a fair settlement is not offered, filing a lawsuit may be necessary.
2. Compensation Available in Car Accident Cases
Victims of car accidents may be entitled to recover:
- Medical expenses (hospital bills, physical therapy, rehabilitation).
- Lost wages (current and future income loss due to injury).
- Property damage (vehicle repairs or replacement).
- Pain and suffering (physical pain, emotional distress, PTSD).
- Wrongful death damages (if a loved one died in the accident).
3. Statute of Limitations
Under California law, the deadline to file a personal injury lawsuit after a car accident is:
- Two years from the date of the accident for personal injuries.
- Three years for property damage claims.
- Six months if filing a claim against a government agency.
Failing to file within these deadlines can result in losing your right to compensation.
Why You Should Hire a Car Accident Lawyer
Insurance companies often try to minimize payouts or deny valid claims. A car accident lawyer can:
- Investigate the accident and gather crucial evidence.
- Negotiate aggressively with insurance adjusters.
- File a lawsuit and represent you in court if necessary.
- Ensure you receive the maximum compensation available.
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.
