Motor Vehicle Accidents in California.

Overview

A California car accident is the single most common event that sends an injured person to a personal injury lawyer. The system that determines what the case is worth — fault, coverage, damages — is not complicated in principle, but it is unforgiving in detail. Insurance adjusters know every detail. So should you.

This page covers the full arc of a California motor-vehicle case: what to do in the first 48 hours, which Vehicle Code sections prove the other driver was at fault, which insurance layers pay, how damages are proved, and the deadlines that can end the case before it starts.

Initial Investigation

The case is built in the first 48 hours. If any of the following steps are missed, the defense will exploit the gap for the life of the case.

1. Call police. Get a CHP 555 or local-agency collision report. This is the baseline fault narrative.
2. Photograph everything. All vehicles, all angles, skid marks, traffic controls, surrounding roadway, damage to the plaintiff's body, airbag deployment.
3. Exchange information. Driver's license, insurance card, license plate, phone. If the driver will not give information, get the plate number and call police.
4. Identify witnesses. Names and phone numbers. Third-party witnesses are often case-dispositive.
5. Get medical care. Same day or next day. ER, urgent care, or your physician. Adrenaline masks pain; soft-tissue injuries often worsen over 24-72 hours.
6. Preserve electronic evidence. EDR (event data recorder / "black box") data, dashcam, nearby business surveillance. Send preservation letters within 48 hours.
7. File SR-1 with DMV. Required within 10 days when injury, death, or over $1,000 in property damage.
8. Call a lawyer before speaking with the at-fault insurer. Adjusters call early for a reason.

Vehicle Code Violations and Negligence Per Se

Under California law, violation of a Vehicle Code section designed to protect the class of people the plaintiff belongs to can establish negligence per se — the defendant's breach of duty is proved by the statutory violation itself. Pairing the police report's findings with the correct Vehicle Code citations is one of the most powerful moves in California auto practice.

CVC Section	Violation	Common Scenario
§ 22350	Basic speed law	Speeding given road, weather, traffic
§ 22107	Unsafe turn without signal	Lane change or turn without signal
§ 21801	Left turn / U-turn right-of-way	Left turn across oncoming traffic
§ 21703	Following too closely	Rear-end collisions
§ 21453	Failure to stop at red light	T-bone / intersection collisions
§ 21950	Pedestrian right-of-way	Pedestrian struck in crosswalk
§ 23152	Driving under the influence	DUI-caused collisions
§ 23123	Use of hand-held phone while driving	Distracted-driving collisions
§ 21658	Unsafe lane change	Sideswipe and merge collisions
§ 22349	Maximum speed	Freeway over-limit cases

Comparative Fault in California

California is a pure comparative fault state. See Comparative Fault for the full framework. For car accidents, the takeaway is that any partial fault reduces recovery but never eliminates it. Defense arguments commonly target the plaintiff's speed, attention, phone use, seatbelt, and lane discipline — prepare for each from day one with the investigation evidence above.

Insurance Coverage Layers

Understanding which insurance pays for what is the single most practical skill in auto-accident practice. Every California case involves at least one of the following:

• At-fault driver's liability policy — the primary source of recovery. California's minimum is $15,000 per person / $30,000 per accident bodily injury, but many policies are larger.
• Your uninsured motorist (UM) coverage — pays when the at-fault driver has no insurance. Also covers hit-and-run.
• Your underinsured motorist (UIM) coverage — pays when the at-fault driver's policy is not enough.
• Your Medical Payments (Med Pay) coverage — pays your medicals regardless of fault, up to the Med Pay limit.
• Your collision coverage — pays for vehicle damage regardless of fault.
• Umbrella policies — layered excess coverage above the primary auto limit. Often missed.
• Commercial policies — when a commercial vehicle is involved, the policy is typically much larger and triggers FMCSA rules.
• Employer policies — when the at-fault driver was in the course and scope of employment.

Collision Types

Each collision mechanism has its own fault and injury profile.

Injury	Typical Mechanism	Key Medical Evidence
Whiplash / cervical strain	Rear-end collision	Cervical MRI, PT records, EMG if radicular
Concussion / mild TBI	Airbag deployment, side impact, secondary impact	GCS at scene, neuropsychological testing, imaging
Fractures (wrist, clavicle)	Braced-arm impact on steering wheel or door	X-ray, CT, surgical records
Lumbar injury	High-speed impact, side impact	Lumbar MRI, epidural injection records, fusion evaluation
Shoulder injury (labral tear, rotator cuff)	Seatbelt loading, steering-wheel bracing	MR arthrogram, orthopedic surgery evaluation
TBI (moderate to severe)	High-speed, rollover, ejected occupant	CT, MRI, neurology, life-care plan

Medical Documentation

Medical records are the evidentiary connection between the crash and the injury. Rules of the road:

• Day-of or next-day visit. Adrenaline masks symptoms. A same-day ER visit is the strongest document in a case.
• Consistent mechanism reporting. Tell every provider the same story. Inconsistencies get exploited.
• Compliance with treatment. Attending physical therapy, following restrictions, filling prescriptions.
• Bridging the gap. When treatment pauses (insurance denial, access issues), document the reason in real time.
• Treating-physician narrative. At the right moment, have the treating physician write a narrative report tying the mechanism to the diagnosis to the prognosis.

Property Damage Claims

Property damage is handled separately from injury. The plaintiff has options: submit to the at-fault carrier (requires liability admission), submit to their own collision coverage (faster, the insurer subrogates against the at-fault carrier), or both with coordination. Rental car, diminution in value, and total-loss salvage issues commonly arise. The property-damage SOL is three years under CCP § 338(b), longer than the two-year personal injury SOL.

Damages Strategy

Full California auto damages include:

• Medical specials — past and future, as limited by Howell
• Lost earnings and earning capacity — documented wage loss, future capacity reduction
• Pain and suffering — physical pain, emotional distress, loss of enjoyment
• Disfigurement — recognized as a distinct element
• Loss of consortium — spousal claim
• Property damage and loss of use
• Punitive damages — available in DUI, street-racing, and similar malicious-conduct cases under Civil Code § 3294

Statutes of Limitation

Two years from the date of the accident for personal injury under CCP § 335.1. Three years for property damage under CCP § 338(b). Six months if a government vehicle or government-maintained road condition is involved (Government Claims Act). Wrongful death is two years from the date of death. See Statute of Limitations.

Cross-References

• Statute of Limitations — two years for PI, three for property damage, six months for gov
• Comparative Fault — California's pure system
• Economic Damages — medicals, lost earnings, future care
• Non-Economic Damages — pain and suffering, disfigurement
• Premises Liability — roadway-condition overlap
• Wrongful Death — for fatal collisions

Common Questions

Sources & Legal Citations

1. California Vehicle Code §§ 22350, 22107, 21801, 20008. Core Vehicle Code sections for speed, turns, right-of-way, and reporting.
2. California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury.
3. California Insurance Code § 11580.2. Uninsured and underinsured motorist coverage requirements.
4. California Civil Code § 1431.2 (Prop 51). Apportionment of non-economic damages among multiple defendants.
5. CACI 700 — Basic Standard of Care (Motor Vehicle). Jury instruction on motor vehicle negligence.
6. Howell v. Hamilton Meats (2011) 52 Cal.4th 541. Medical specials are capped at amounts actually paid by the plaintiff or their insurer.