Hit by a Wrong-Way Driver in California: Who Pays and What Families Can Pursue

Last updated November 4, 2026 · Reviewed by Ron McMinn, Esq.

After a crash with a wrong-way driver in California, the first source of payment is usually the wrong-way driver’s liability insurance, if the driver had it. Because serious injuries can exceed a policy’s limits, other sources may matter, including your own uninsured or underinsured motorist coverage, the vehicle’s owner or an employer in some situations, and, rarely, a public agency if a road condition played a part. If a family member died, certain relatives may bring a wrongful death claim, usually within two years, and a separate claim may be possible for the person’s losses before death. If the wrong-way driver also died, the claim generally runs against that person’s estate and insurance, and a one-year deadline may apply. This guide explains the pieces in plain terms. It is general information and says nothing about who caused any particular crash.

What was reported about the latest wrong-way crashes?

Two wrong-way crashes drew coverage this week. KESQ reported that a head-on collision involving a wrong-way driver on Interstate 10 near Chiriaco Summit happened at about 2:15 a.m. on Saturday, October 31, 2026, that one person died at the scene, that another driver was airlifted with major injuries, and that the California Highway Patrol Indio Area office was investigating. KTVU reported, citing a CHP San Jose release, that a crash on a San Jose freeway north of Capitol Expressway on Sunday night, November 1, 2026, left one man dead and two women hospitalized with major injuries, and that investigators said one vehicle was traveling the wrong way. The identities of those involved had not been released in that report. We are not repeating any names, and we are not assigning fault to anyone. Our hearts go out to everyone affected. The rest of this page is a general guide.

Who pays when a wrong-way driver causes a crash?

Short answer: usually insurance, in layers, and the layers depend on the facts.

• The wrong-way driver’s liability insurance. California makes it unlawful to drive on a highway except to the right of an intermittent barrier or dividing section that separates opposing lanes of traffic, and a willful violation that results in injury or death carries more serious criminal penalties (Vehicle Code section 21651). In a civil claim, the driver’s policy may pay up to its limits. Minimum limits are often too low for a serious injury or death.
• Your own coverage. If the other driver has no insurance or too little, your uninsured or underinsured motorist coverage may help, subject to the policy terms and Insurance Code section 11580.2. Medical payments coverage and health insurance may help with bills in the meantime. Our UM and UIM claims page explains how this works.
• The vehicle’s owner. If the wrong-way driver was not the owner, California law can in some cases make the owner responsible for a permissive driver’s negligence, with statutory limits (Vehicle Code section 17150).
• An employer. If the driver was working or running a work errand, a company may be responsible for an employee’s negligence, and a commercial policy may apply.
• A public agency. Sometimes a claim focuses on a road, ramp, sign, light or striping condition. Such claims have special rules, including defenses and a six-month government claim deadline, and they are not common. See Government Code section 835 and our government claims page.

California uses comparative fault, so an insurer may argue that the injured person also shares some responsibility, such as speed or lighting. When several drivers share fault, Proposition 51 can change who pays which damages, as explained in our multi-car freeway pileup guide. That does not automatically bar a claim, and it is decided on evidence.

What if the wrong-way driver also died?

Short answer: a claim can still be pursued against the driver’s estate, to the extent insurance applies, and the deadline may be shorter than you expect.

Under Probate Code section 550, an action to establish a decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate without the need to join the personal representative. On timing, Code of Civil Procedure section 366.2 says that when a person against whom an action may be brought dies before the applicable limitations period expires and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would otherwise apply does not apply. Because that statute can shorten the time you would otherwise have, ask a lawyer promptly when the other driver has died.

What can a family pursue when someone dies in a wrong-way crash?

When a person is killed, California law separates two kinds of claim.

• A wrongful death claim. This belongs to the family members the law lists, such as a spouse or domestic partner, children and others who would inherit, and in some situations people who depended on the person for support (Code of Civil Procedure section 377.60). It can seek economic losses, such as funeral and burial costs and lost financial support, and non-economic losses such as the loss of love, companionship and comfort.
• A survival claim. This belongs to the person’s estate and covers losses the person suffered before death, such as medical expenses and lost earnings. For lawsuits filed on or after January 1, 2026, the survival claim does not include the person’s pain and suffering (section 377.34).

These are the categories the law allows. They are not a prediction of what any family will receive. Our wrongful death and catastrophic injury page explains the general process, and our guide on a wrongful death claim after a big-rig head-on crash shows how these rules apply in another head-on setting.

Can punitive damages apply?

Sometimes. Civil Code section 3294 allows exemplary damages when a plaintiff proves by clear and convincing evidence that the defendant was guilty of oppression, fraud or malice. “Malice” includes despicable conduct carried on with a willful and conscious disregard of the rights or safety of others. Whether a particular crash meets that standard depends on evidence that investigators and lawyers gather later, and nothing in the reports of this week’s crashes says it does. Our guide on punitive damages after a drunk-driving crash explains how that standard has been used in impaired-driving cases.

What are the deadlines?

• Two years for most personal injury and wrongful death lawsuits against private parties (Code of Civil Procedure section 335.1).
• Six months to present a written claim if a public entity may be responsible (Government Code section 911.2).
• One year after death may apply to claims against a person who has died (section 366.2).
• Your own uninsured or underinsured motorist coverage has its own timing. Under Insurance Code section 11580.2, no cause of action accrues under that coverage unless, within two years of the accident, suit has been filed against the uninsured motorist, the amount due has been agreed, or arbitration has been formally started by written notice to the insurer by certified mail.
• Insurance notice rules. Policies often require prompt notice and cooperation. Tell your insurer about the crash soon.

Use the earliest possible date until a lawyer confirms which applies.

What should you save after a wrong-way crash?

1. The CHP report number and the officer’s name. Ask how and when you can get the report.
2. Medical records and bills. Keep every record, and tell each provider how you were hurt.
3. Photographs and video. Scene photographs, vehicle damage, the road and ramp signs, lighting and striping. Save dash camera footage and phone video.
4. Vehicle data. Many vehicles record speed and braking data, and vehicles are often moved or repaired soon after a crash. Do not repair or dispose of a vehicle until a lawyer has told you whether it should be preserved.
5. Witness information. Names, phone numbers and what they saw.
6. The 911 call. Note the time and the number you called from. Recordings can be overwritten, so a lawyer can ask for them early.
7. Insurance information. Photograph the other driver’s card and policy information if you can, and tell your own insurer.

Be careful with statements. An insurer’s adjuster may call quickly. You are not required to give a recorded statement to the other driver’s insurer, and you should not sign a release without legal advice.

Frequently asked questions

Who pays if a wrong-way driver hits me in California?

Usually the wrong-way driver’s liability insurance, up to its limits, and possibly your own uninsured or underinsured motorist coverage, the vehicle’s owner or an employer, depending on the facts.

What if the wrong-way driver has no insurance?

Your uninsured motorist coverage may apply if you have it, subject to the policy terms. Notify your insurer promptly and ask what it requires.

Can a family file a wrongful death claim after a wrong-way crash?

Yes, if the family member is among those listed in Code of Civil Procedure section 377.60. The claim is generally due within two years of the death, or six months to present a government claim if a public entity may be responsible.

What if the wrong-way driver also died?

A claim may still proceed against the driver’s estate to the extent insurance applies. A one-year deadline after the date of death may apply under section 366.2, so ask a lawyer quickly.

Can I recover if I share some blame?

Yes. California uses comparative fault, so damages are reduced by your percentage of responsibility rather than barred.

Is a criminal case the same as a civil claim?

No. A criminal case is brought by the government and has its own court, timing and outcomes. A civil claim is the way an injured person or family seeks money for losses. They can move on different calendars.

Talk to us

If you were hurt in a crash with a wrong-way driver, or lost someone you love, we are here to listen and to explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.

Hablamos español. Chúng tôi nói tiếng Việt.

Win Attorneys, 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Phone (562) 296-5380.

This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.

Sources: KESQ, November 2, 2026, KTVU FOX 2, November 2, 2026, Vehicle Code section 21651, 17150, Insurance Code section 11580.2, Civil Code section 3294, Probate Code section 550, Code of Civil Procedure section 366.2, 377.60, 377.34, 335.1, Government Code section 911.2, 835.