Vehicle Accident Claims

Personal Injury

California Vehicle Accident Law

Every year, hundreds of thousands of vehicle accidents occur on California roads and highways. The injuries range from minor to catastrophic, and the aftermath—dealing with insurance companies, medical bills, lost wages, and physical pain—can be overwhelming. At The Law Offices of Farris Ain, we handle vehicle accident claims throughout Southern California and fight to ensure that injured drivers, passengers, motorcyclists, bicyclists, and pedestrians receive the full compensation they are owed.

Legal Basis: Negligence and Comparative Fault

Vehicle accident claims in California are grounded in the law of negligence. Under Civil Code section 1714, every person has a duty to exercise ordinary care to avoid causing injury to others. When a driver breaches that duty—by texting behind the wheel, running a red light, speeding, or driving under the influence—and that breach causes an accident, the driver is liable for the resulting injuries and damages.

California follows a pure comparative fault system. This means that even if you were partially at fault for the accident, you can still recover damages—your recovery is simply reduced by your percentage of fault. For example, if you are found to be 20% at fault and your damages total $100,000, you can still recover $80,000.

Types of Vehicle Accidents We Handle

We represent clients injured in all types of vehicle accidents, including:

• Car vs. car collisions: Rear-end accidents, head-on collisions, T-bone crashes, sideswipe accidents, and multi-vehicle pileups
• Motorcycle accidents: Motorcyclists are extremely vulnerable on the road and often suffer catastrophic injuries even in low-speed collisions. California is the only state that expressly permits lane splitting, creating unique liability considerations.
• Bicycle accidents: Drivers who fail to share the road with bicyclists can cause devastating injuries
• Pedestrian accidents: Pedestrians struck by vehicles frequently suffer the most serious injuries, including traumatic brain injuries and fatalities
• Rideshare accidents (Uber/Lyft): Accidents involving rideshare vehicles raise unique insurance and liability issues that require experienced legal counsel

Common Causes of Vehicle Accidents

The most frequent causes of vehicle accidents in California include:

• Distracted driving: Texting, phone use, eating, adjusting the radio, and other distractions that take a driver’s attention off the road
• Speeding: Exceeding the posted speed limit or driving too fast for road conditions
• Driving under the influence (DUI): Operating a vehicle while impaired by alcohol, drugs, or prescription medications
• Failure to yield: Ignoring right-of-way rules at intersections, crosswalks, and merge points
• Running red lights and stop signs: One of the most dangerous forms of traffic violation, frequently causing severe T-bone collisions

California Insurance Requirements

Under Vehicle Code section 16056, California requires all drivers to carry minimum liability insurance coverage:

• $15,000 for injury or death of one person
• $30,000 for injury or death of two or more persons
• $5,000 for property damage

These minimum coverage amounts are dangerously low and often insufficient to cover the full cost of serious injuries. That is why uninsured and underinsured motorist (UM/UIM) coverage is critical. If the at-fault driver has no insurance or insufficient insurance to cover your damages, your own UM/UIM policy can fill the gap.

Steps to Take After a Vehicle Accident

The actions you take immediately after an accident can significantly impact the outcome of your claim:

1. Ensure safety: Move to a safe location if possible and check for injuries. Call 911 if anyone is injured.
2. Call the police: A police report creates an official record of the accident, including the officer’s observations about fault.
3. Document everything: Take photographs of the accident scene, vehicle damage, road conditions, traffic signals, and any visible injuries. Exchange information with the other driver.
4. Seek medical treatment: Even if you feel fine, see a doctor as soon as possible. Many serious injuries—including traumatic brain injuries and soft tissue injuries—may not produce symptoms for hours or days.
5. Do not give recorded statements: The other driver’s insurance company may contact you quickly and ask for a recorded statement. Politely decline until you have spoken with an attorney. Anything you say can be used to minimize or deny your claim.

Recoverable Damages

Victims of vehicle accidents in California may recover compensation for:

• Medical expenses: Past and future costs for emergency treatment, hospitalization, surgery, rehabilitation, physical therapy, medication, and any other medical care related to the accident
• Lost wages: Income lost during recovery, including the value of sick leave and vacation time used
• Lost earning capacity: If your injuries prevent you from returning to your previous occupation or reduce your ability to earn income in the future
• Property damage: Repair or replacement of your vehicle and any personal property damaged in the accident
• Pain and suffering: Compensation for physical pain, emotional distress, anxiety, depression, and the overall impact on your quality of life

Dealing with Insurance Companies

Insurance companies are in the business of minimizing payouts. After an accident, the at-fault driver’s insurer will assign an adjuster whose job is to settle your claim for as little money as possible. Common tactics include:

• Offering a quick, lowball settlement before you understand the full extent of your injuries
• Arguing that your injuries were pre-existing or unrelated to the accident
• Pressuring you to give a recorded statement that can be used against you
• Delaying the claims process to pressure you into accepting less

Having an experienced attorney on your side levels the playing field and ensures that you are not taken advantage of during a vulnerable time.

Statute of Limitations

In California, the statute of limitations for personal injury claims arising from a vehicle accident is two years from the date of the accident (CCP § 335.1). For property damage claims, the deadline is three years (CCP § 338). Missing these deadlines can permanently bar your claim.

“Insurance companies will try to settle your claim for as little as possible. We fight to make sure you receive the full compensation the law entitles you to.”