Car Accident

Injured in a Car accident anywhere in California? Here’s what you need to know

One moment, you are driving along Highway 101 or Interstate 405 in California. The next, a car accident leaves you facing injuries, medical bills, lost wages and insurance complications. Knowing your rights can help protect your claim. Our experienced California car accident lawyers  help injured victims understand their legal options, deal with insurance companies and pursue compensation for their losses. Contact us today for a FREE consultation or you can simply call 866-INJURY-2 (866-465-8792). For after-hours assistance, dial “1.”

California law gives people injured by careless drivers the right to seek compensation, but the rules are technical and the insurance companies know them well. What you say, sign and do in the first days can affect your claim for years. Contact our California personal injury and wrongful death lawyers today for a FREE consultation. With over 50 years of experience and millions recovered in compensation, we are here to help you pursue the compensation you deserve.

Key Takeaways

• California is an at-fault state. The driver who caused the crash and that driver’s insurer are generally responsible for your losses.
• You can recover even if you were partly at fault. Your compensation is reduced by your share of the blame, not eliminated.
• The general deadline to file an injury lawsuit is two years, but claims involving a government vehicle or road can require written notice within six months.
• Not wearing a seat belt can be raised to reduce damages, but only to the extent it made the injuries worse.

Car Accidents in California: What recent data shows

Below are the figures that counts the worst outcomes. For every person killed, many more are injured, often seriously and most never appear in headlines. Whether the crash was on a surface street in Van Nuys or a freeway in the Sepulveda Pass, the same questions come up: who is at fault, who pays and what is the claim worth? Reach out today to speak with our experienced attorneys to learn about your rights and claims.

By the Numbers (2024)

• Traffic Fatalities: 3,876 people killed in California traffic crashes in 2024.
• Serious-Injury Crashes: 14,268 crashes involving serious injuries in 2024 (preliminary data).
• Speeding-Related Deaths: 1,139 traffic fatalities involving speeding in 2024.
• Unrestrained Occupants: 755 passenger vehicle occupants killed while not wearing seat belts in 2024.

Source: NHTSA and UC Berkeley SafeTREC, 2024 traffic safety data.

Common Causes of Car Accidents

Most crashes are caused by driver error. The most frequent causes we see include:

• Distracted driving, especially phone use. California law generally bans holding a phone while driving (Vehicle Code section 23123.5).
• Speeding and driving too fast for conditions
• Drunk, drugged or drowsy driving. Driving with a blood alcohol concentration of .08 or higher is illegal (Vehicle Code section 23152).
• Running red lights and stop signs
• Unsafe lane changes and unsafe turns, including left turns across oncoming traffic
• Failure to yield at intersections, crosswalks and driveways
• Road hazards, such as potholes, poor signage, faulty signals or confusing construction zones
• Vehicle defects, such as faulty brakes, tires, airbags or steering

Much of Southern California’s driving is on busy freeways and boulevards, including the 5, 10, 101, 110, 134, 210, 405 and 118 freeways and corridors such as Ventura Boulevard, Van Nuys Boulevard and Sepulveda Boulevard. Heavy traffic, sudden slowdowns and the stop-and-go that follows increase the risk of rear-end and chain-reaction crashes.

Common Types of Car Accidents

• Rear-end collisions: often cause neck and back injuries, including whiplash. The driver who was following is frequently at fault, but not always.
• Head-on collisions: often fatal or catastrophic.
• Sideswipes and unsafe lane changes: can cause loss of control and secondary crashes.
• Multi-vehicle pileups:often involve several drivers and insurers and complicated fault questions.
• Single-car crashes: may involve road conditions, vehicle defects or another driver who caused the accident and left.
• Hit-and-run crashes: the at-fault driver flees. Your own uninsured motorist coverage can be critical.

Crashes involving large trucks, motorcycles, rideshare vehicles, pedestrians and bicyclists raise additional issues and are covered on separate pages.

Injuries Commonly Caused by Car Accidents

Car accidents can cause a range of injuries, including whiplash, neck and back injuries, concussions, traumatic brain injuries, herniated discs, spinal cord damage, broken bones, seat belt and airbag injuries, internal organ damage, joint injuries, burns and lacerations. Victims may also experience post-traumatic stress, anxiety or fear of driving. Because adrenaline can mask pain, some symptoms may appear hours or days after a crash. Seek medical attention promptly, even if you initially feel fine.

How Fault Is Decided in California

Negligence

California follows a comparative fault system and drivers must exercise reasonable care. Violating a safety law may establish negligence under certain conditions (Evidence Code § 669). Drivers must maintain a safe following distance (Vehicle Code § 21703) and left-turning drivers must yield to approaching traffic when required (Vehicle Code § 21801). However, liability depends on the facts, including sudden stops, brake failures or other vehicles involved.

Comparative negligence

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). A jury assigns each person a percentage of fault, and your compensation is reduced by your percentage. If your damages are $200,000 and you are found 25 percent at fault, you could recover $150,000. Under Civil Code section 1431.2, each defendant is responsible only for its share of your non-economic damages, so every at-fault party matters.

The police report

A Traffic Collision Report is often treated as the official story, but it is based on the officer’s limited view and on what drivers say. Reports can contain mistakes. California law generally keeps them out of evidence at trial (Vehicle Code section 20013), though insurers pay close attention to them. If a report is wrong, a lawyer can gather independent evidence to correct the record.

Seat belts

California requires drivers and passengers to wear seat belts (Vehicle Code § 27315). Not wearing one does not bar your claim, but the defense may argue it worsened your injuries. Under CACI 712, the defense must prove that using an available seat belt would have prevented or reduced those injuries.

Government vehicles and roads

If a city, county or state vehicle caused the crash or a dangerous road condition on public property was a cause, special rules apply, including a six-month written claim deadline (Government Code section 911.2). Public entities are liable for injuries caused by an employee’s negligent operation of a motor vehicle (Vehicle Code section 17001) and for dangerous conditions of public property in some circumstances (Government Code section 835).

Two California Rules That Can Reduce a Claim

• Proposition 213 (Civil Code section 3333.4). A driver who was uninsured, or who was convicted of drunk driving in connection with the crash, generally cannot recover non-economic damages such as pain and suffering. They can still recover economic losses such as medical bills and lost wages. There are exceptions, so a lawyer should review the facts.
• Seat belt defense. Failing to wear a belt can reduce damages only to the extent the belt would have prevented or reduced the injuries.

How insurers handle claims

California’s Fair Claims Settlement Practices Regulations (California Code of Regulations, title 10, section 2695.1 and following) set time frames for insurers, including to acknowledge a claim and to accept or deny it after receiving proof of the claim. Insurers also can be liable for bad faith in some situations. For serious injury claims, California’s time-limited demand statute (Code of Civil Procedure section 999 and following) sets rules for pre-litigation settlement demands within policy limits, and mistakes in these demands can cost a claim. These are technical rules that are best handled by an attorney.

Your Legal Duties After a Crash

• Stop, give aid and exchange information. Leaving the scene of an injury crash is a crime (Vehicle Code sections 20001 and 20002).
• Report the crash to the DMV. California law requires a report to the DMV (Form SR-1) within 10 days if anyone is injured or killed or if property damage exceeds $1,000 (Vehicle Code section 16000), whether or not police were called.
• Notify your insurer promptly, as your policy requires.

What Compensation Can You Recover?

Depending on your case, California car accident victims may recover compensation for:

• Medical Expenses: Past and future medical treatment and rehabilitation.
• Lost Income: Lost wages and reduced future earning capacity.
• Property Damage: Vehicle repairs, replacement and related expenses.
• Pain and Suffering: Physical pain, emotional distress and loss of enjoyment of life.
• Other Damages: Scarring, disfigurement and loss of spousal companionship.
• Punitive Damages: In certain cases involving especially wrongful conduct, such as drunk driving.
• Wrongful Death: Eligible family members may recover damages for funeral expenses, loss of financial support and companionship.

Your compensation depends on your injuries, financial losses and the circumstances of the accident.

Deadlines: How Long Do You Have?

These are general rules with exceptions. Waiting also puts evidence at risk, because video is overwritten, vehicles are repaired or sold and witnesses’ memories fade.

Why Hire an Experienced Car Accident Attorney?

An experienced California car accident lawyer (/lawyers/) can investigate your crash, preserve evidence, identify liable parties and insurance coverage, negotiate with insurers, challenge unfair blame, calculate your damages and take your case to court if necessary.
Gary K. Walch, A Law Corporation, has represented injured victims and families in California for over 50 years. As a family-owned firm, we treat every client like family, provide honest guidance, and work diligently toward a fair outcome without guaranteeing results.

We offer a FREE, confidential consultation and handle car accident cases on a contingency-fee basis. You pay no attorney fees unless we recover compensation for you.

Meet Our Founder, Gary K. Walch

Gary K. Walch is a Los Angeles-born personal injury and wrongful death attorney and the founder of Gary K. Walch, A Law Corporation. He is a 1975 graduate of the UCLA School of Law and graduated summa cum laude from UCLA. He has served as an arbitrator for the Los Angeles Superior Court and as past chairperson of the Civil Litigation-Tort Section of the Westwood Bar Association.

Serving Car Accident Victims Throughout Southern California

We represent injured people in Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties, including Beverly Hills, Calabasas, Woodland Hills, Encino, Sherman Oaks, Van Nuys, Tarzana, Burbank, Santa Monica, Pasadena, Glendale and throughout the San Fernando Valley.

Conclusion: Protect Your Claim Before the Insurer Shapes It

A car accident can leave you with pain, medical bills and a mountain of paperwork. California law protects injured people, but insurers move fast and the rules are strict. The sooner you talk to a lawyer, the more evidence can be preserved and the fewer mistakes you are likely to make. Our consultation is absolutely FREE and there is NO FEE until you win, so please contact us now for your FREE consultation and case evaluation.

Reach us 24/7:

• Toll-free: 866-INJURY-2 (866-465-8792), after hours dial “1”
• Phone: 818-222-3400, after hours dial “1”
• Email: info@WalchLaw.com
• Online: our fill-in contact form