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CALIFORNIA CAR ACCIDENT LAWYERS

In the United States, the most common cause of personal injuries arises from car accidents. Damages and injuries from car accidents can cost a victim thousands of dollars. Typically, the driver who was at fault for causing the collision is held liable. Under California’s “comparative negligence” law, even if both drivers are partially at fault, an injured driver can still recover for damages (see FAQ below). However, the amount of recovery will be reduced by their share of fault.

available damages for a car accident claim

Damages in a personal injury lawsuit can include both economic and non-economic compensatory damages. Economic damages include damages that have a set monetary value to them such as medical bills and vehicle repairs. Non-economic damages are less concrete and do not have a set dollar amount. These claims include pain and suffering, loss of enjoyment of activities, humiliation, and emotional anguish.

unlike other personal injury firms, we handle both your bodily injury and property damage claims

There are two types of car accident damage claims available to claimants: bodily injury and property damage. Bodily injury claims include medical bills, prescriptions, ambulance bills, etc. Bodily injury claims include both economic and non-economic damages. On the other hand, property damage claims include vehicle repairs, loss-of-use, and diminished value. Property damage claims are typically economic in nature.

Most personal injury lawyers only handle bodily injury claims, but our attorneys are uniquely experienced in the automotive industry, to handle both claims and make your recovery easier.

below are answers to the most commonly asked questions

  1. How is fault determined in a California car accident?

    Establishing fault can sometimes be complex. Generally, fault is based on "negligence." Typically, negligence involves a violation of traffic laws such as: speeding; running a redlight; texting while driving; distracted driving; drunk driving; or failing to yield the right of way.

  2. How do you determine if a driver was negligent?

    Under California’s negligence laws, a driver is negligent when:

    • The defendant (other driver) owed a duty of care;

    • The defendant breached that duty of care;

    • The defendant’s breach of that duty of care was a substantial factor in causing the plaintiff’s injury.

A “duty of care” is a duty imposed on all California drivers to drive carefully and avoid being unreasonable. This duty of care typically requires drivers to use reasonable care when operating a motor vehicle, look out for pedestrians and other obstacles, and control the speed and movement of their vehicle.

3. What happens when both parties are at fault in an accident?

Under California’s comparative negligence law, even if both drivers are at fault, an injured driver can still recover from the other driver; however, the injured driver’s recovery will be reduced by the percentage they are found to be at fault. For example, if an injured driver was found to be 30% at fault, and the damages were $1,000, the injured driver will be able to recover $700 ($1,000 minus 30%).

4. What happens if I get into an accident and the other party doesn’t have insurance?

If you’re involved in a car accident with an uninsured driver, there are a couple of ways that to recover damages for the injuries you incurred.

For instance, in addition to standard auto insurance policy's, California law requires insurance companies to offer uninsured and underinsured motorist (UM/UIM) coverage to drivers. However, UM/UIM coverage is optional and typically increases the amount you pay for insurance. If a driver injured in a crash has UM/UIM coverage, the injured drivers own insurance should compensate them for their injuries and damages caused by the uninsured driver, up to the policy limits.

Similarly, if the other driver has insurance, but the damages are higher than the other driver’s policy limits, underinsured motorist insurance typically covers the difference, up to the policy limits.

If the other driver does not have insurance AND an injured party does not have UM/UIM coverage, our attorneys may be able to investigate the uninsured driver’s situation to see if he or she has other assets to cover the damages.

Moreover, if the vehicle that the uninsured driver used is not registered under their name, the owner of the vehicle may be held liable through a “negligent entrustment” claim.