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.
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.
