California Car Accident Lawyer

How does sharing the blame change a California car accident recovery?

Your award is reduced by your percentage of fault, but you are never shut out. California's pure comparative fault rule lets you recover something even if you were mostly to blame.

A worked example: at a busy intersection in Fresno, a driver turns left on a stale yellow and is struck by an SUV that accelerated to beat the red. Damages total $160,000. The jury finds the SUV driver 65% at fault and the turning driver 35% at fault. The turning driver recovers $104,000. Even if the split had been reversed, the turning driver would still recover $56,000. In a state with a 50% or 51% bar, that second result would be zero.

This rule shapes how insurers negotiate. Rather than denying a claim outright, they usually argue about percentages. Each point of fault they assign to you lowers the payout, so evidence of speed, signal timing and phone use matters on both sides.

What happens when more than one driver caused the crash?

California treats different kinds of damages differently. You can generally collect all of your economic damages, such as medical bills and lost wages, from any responsible driver. Noneconomic damages, such as pain and suffering, are divided by each driver's share of fault.

That distinction matters when one driver has little or no insurance. Suppose a chain-reaction crash on the 210 leaves you with $100,000 in medical bills and lost pay and $150,000 in pain and suffering. Driver A is 60% at fault and well insured, while Driver B is 40% at fault and uninsured. Driver A can generally be required to pay all $100,000 of the economic damages, but only $90,000 of the noneconomic damages. Your own underinsured motorist coverage may help fill the remaining gap.

Can you recover pain and suffering if you were driving uninsured?

Generally not. California law bars uninsured drivers and owners from recovering noneconomic damages after a crash, even when the other driver was entirely at fault. You can still recover economic losses such as medical bills and lost wages.

There are exceptions. The rule generally does not apply if the at-fault driver was convicted of driving under the influence in connection with the crash. Passengers are generally not affected by the driver's lack of insurance. Because the rule can cut a claim's value sharply, the coverage status of everyone involved should be checked early.

What if a road design, signal or public vehicle played a role?

A written government claim generally must be filed within 6 months. That applies to Caltrans, cities, counties, school districts and transit agencies.

Common examples include a crash caused by a malfunctioning signal, a missing guardrail, a poorly designed curve or merge, a crash with a city bus or a collision with a police vehicle. Public entities have specific defenses, including design immunity for some approved road plans, so these claims need careful investigation. Our page on government and public property injury claims explains more.

Which coverage pays your bills while the claim is pending?

California is an at-fault state, so the other driver's insurer pays only when it settles or a judgment is entered. Until then, other sources usually carry the load:

1. Health insurance, which may seek repayment from a later settlement.
2. Medical payments coverage on your own auto policy, if you have it.
3. Uninsured and underinsured motorist coverage on your policy.
4. Rideshare insurance, if a rideshare driver was involved; see our rideshare and taxi page.
5. Disability or paid leave benefits through work.

What evidence decides a California car crash case?

Evidence that fixes speed, timing and attention. California's hands-free law prohibits holding a phone while driving, so phone records can be important. Traffic camera footage, dash camera video, vehicle event data and witness statements are often decisive.

Gather photos of the scene, get the police report, and keep notes about your symptoms and missed work. Avoid recorded statements to the other driver's insurer. Pedestrians struck by vehicles face similar issues; see our pedestrian accident page. If a big rig was involved, see our California truck accident page. For an overview of state law, visit our California injury guide. Most California car crash lawsuits must be filed within 2 years. We offer a free case review, and you pay no fee unless we win.