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Car accidents are, statistically speaking, the most common cause of personal injury claims. Indeed, there are roughly 200,000 people injured in car accidents in California alone each year. Many of these injuries are not life-threatening or catastrophic, but they can still leave victims with a mountain of medical bills and lost income. So if an accident was the result of third-party negligence, the responsible driver can–and should–be held accountable.

The Cypress car accident lawyers at Heidari Law Group, P.C., offer legal advice and representation to anyone injured in an auto collision. We can review your case, investigate your potential personal injury claim, and represent you in dealing with the negligent driver and their insurance company. And while most car accident claims are resolved by a negotiated settlement, we are also prepared to pursue your case in court if necessary.

Why Fault Matters in California Car Accidents

Under California law, a driver of a motor vehicle can be held legally liable for any damages caused by their negligence. In this sense, California is an “at-fault” state when it comes to car accidents. This means that while some states would require you to turn to your own insurance company first for coverage following an accident regardless of fault, in California you can demand the negligent driver pay all of your damages.

Negligence refers to any reckless conduct that leads to an accident. It does not have to be intentional. In other words, you do not have to prove the other driver was trying to cause a crash. Negligence can be something as simple as failing to obey the traffic laws–e.g., speeding, running a red light, not using a turn signal–or it can involve more egregious conduct like drunk driving.

In many cases, multiple parties may be at-fault for an accident. In fact, defendants in car accident lawsuits will often try and blame the victim for what happened. But even if you were somehow negligent or partially at-fault for your own car accident, that does not necessarily mean you cannot seek and recover damages from other at-fault parties. California follows a “pure comparative fault” rule in personal injury cases. In layperson’s terms, this simply means that a court will reduce an award of damages to account for your percentage of fault. So even if the defendant was, say, just 30 percent liable for causing a car accident, they can still be required to pay 30 percent of your damages.

What Compensation Can I Expect Following a Car Accident?

In the context of a personal injury claim, “damages” refer to your losses arising from a car accident. This includes both your physical injuries as well as any property damage to your car. California law divides compensatory damages into two categories: economic and non-economic.

Economic damages are losses that have an easily proven dollar value. This includes your medical bills, rehabilitation costs, lost wages due to time missed from work, and even the costs of repairing or replacing your damaged car. Non-economic damages, in contrast, cover those injuries that are more difficult to fix a dollar value to, such as your pain and suffering and emotional distress. In rare cases a court may also award punitive damages to punish and deter intentional or especially reckless misconduct.

While all California drivers must carry auto insurance, the minimum coverage amounts are often insufficient to fully compensate a car accident victim for their damages. If your own insurance policy includes uninsured and underinsured motorist (UM/UIM) coverage, your insurer may then be required to “step in” and pay any additional damages up to your own coverage limits. Of course, the negligent driver may also have additional personal assets that can be used to pay any awards of damages.

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