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Personal Injury Firm in CA

California Motor Vehicle Accident Lawyer

If you’ve been hurt in a California car, truck, or motorcycle crash, we know it’s more than physical pain. Lost wages, medical bills, and a damaged vehicle can shake your world, wherever in the state the crash happened. Win Attorneys represents injured drivers, passengers, pedestrians, and riders across California, and we are ready to help you get back on track. Call (657) 235-8097 or reach out through our contact page. Our office is at 17291 Irvine Blvd., Suite 210, Tustin, CA 92780, and we meet clients statewide by appointment, phone, or video.

Understanding Your Struggle After a Crash

A collision rarely ends at the scene. Pain shows up the next morning. The other driver’s insurer calls before you have seen a doctor. Your car is in a tow yard, your paycheck is short, and nobody has explained who pays for what. Our job is to answer those questions under California law and carry the claim so you can focus on getting better.

Why It Matters to Act Fast

Evidence fades quickly after a crash. Traffic cameras and business video overwrite, vehicles get repaired or salvaged, and witnesses become hard to reach. Some deadlines are short, especially when a city, county, Caltrans, or a transit agency is involved. The sooner you call, the sooner we can preserve what proves your claim.

Every Case Is Unique

No two crashes are the same. A rear-end collision on the 405, a left-turn crash at a busy intersection, a rideshare trip, a pedestrian in a crosswalk, a motorcycle lane change, a big-rig merge, or a bus collision each raise different questions. We tailor the investigation to your story.

Types of Motor Vehicle Accidents We Handle

Don’t let confusion hold you back. Talk to us about your California motor vehicle accident claim at (657) 235-8097.

How Fault Works in a California Car Accident

Negligence and the Vehicle Code

Most car accident claims are negligence claims: a driver failed to use reasonable care, and that failure caused your injuries. Violations of the California Vehicle Code often help prove it. Under Evidence Code section 669, a safety statute violation that causes the kind of harm the law was meant to prevent can create a presumption of negligence. Rules that show up again and again include:
  • Basic speed law (Vehicle Code section 22350): driving faster than is safe for traffic, weather, and visibility, even below the posted limit.
  • Following too closely (section 21703), a common issue in rear-end crashes.
  • Left turns (section 21801): a left-turning driver must yield to oncoming traffic that is close enough to be a hazard.
  • Red lights (section 21453) and unsafe lane changes (section 21658).
  • Handheld phone use (section 23123.5).
  • Pedestrian right of way in crosswalks (section 21950).
  • Driving under the influence (section 23152).
A traffic ticket is not the same as civil fault, and the absence of a ticket does not mean the other driver was careful. We look at the physical evidence, the video, and the witnesses.

Comparative fault

California follows pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you were partly at fault, you can still recover, but your damages are reduced by your percentage of fault. Insurers often push a higher percentage onto the injured person early in a claim, sometimes before anyone has looked at the video. That is one reason not to agree to an adjuster’s version of events in a recorded statement.

When more than one party is responsible

Several parties can share responsibility: two drivers in a chain-reaction crash, an employer whose worker was driving for the job, a vehicle owner who let someone else drive, a repair shop, or a public entity that maintained a dangerous road. Under Civil Code section 1431.2, each defendant’s share of non-economic damages, such as pain and suffering, is generally limited to its own percentage of fault, while economic damages like medical bills can be recovered more broadly. Identifying every responsible party early can make a real difference.

What to Do After a Car Accident in California

  1. Stop, check for injuries, and call 911 if anyone is hurt. A driver involved in an injury crash must stop, exchange information, and render reasonable assistance (Vehicle Code sections 20001 and 20003).
  2. Get a report number. If police or the CHP did not investigate an injury crash, California law requires a written report to the CHP or city police within 24 hours (Vehicle Code section 20008).
  3. File the DMV SR-1 form within 10 days if anyone was injured or killed, or property damage was over $1,000 (Vehicle Code section 16000). This is separate from any police report or insurance claim.
  4. Photograph everything: vehicles, plates, the intersection, signals, skid marks, debris, and your injuries.
  5. Collect witness names and numbers before people leave, and note nearby businesses or homes with cameras.
  6. See a doctor the same day or the next day, even if you feel “okay.” Concussion, neck, and back symptoms are often delayed. See our guide on delayed TBI symptoms after a crash.
  7. Notify your own insurer, but be careful with recorded statements to the other driver’s insurer.
  8. Do not sign a release or accept a quick check until you know the full extent of your injuries.
For a printable step-by-step list, read what to do after a car accident in California.

Evidence That Wins Car Accident Claims

  • The traffic collision report, including the diagram, statements, and any citations.
  • Video: dashcams, doorbell cameras, business security systems, traffic cameras, and bus or rideshare cameras. Many systems overwrite within days.
  • Vehicle data: many modern vehicles store pre-crash speed, braking, and seatbelt data in an event data recorder. Preserving the vehicle before it is salvaged can matter.
  • Phone records when distraction is suspected.
  • Witness statements taken while memories are fresh.
  • Medical records that connect the crash to your injuries, and a consistent treatment timeline.
  • Wage records and notes from your employer about missed work.

Who Pays After a California Car Accident

The at-fault driver’s liability insurance

California requires drivers to carry at least $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage, for policies issued or renewed since January 1, 2025 (Vehicle Code section 16056; Insurance Code section 11580.1b). Those minimums are often not enough to cover a serious injury, which is why other coverage matters.

Employers, vehicle owners, and commercial policies

If the at-fault driver was working at the time, the employer and its commercial policy may be responsible. A vehicle owner who gave permission to the driver can also have limited statutory liability (Vehicle Code section 17150). Rideshare and delivery trips carry their own insurance layers, explained on our rideshare and delivery accident page. Car-sharing apps raise similar questions: see whose insurance pays after a Turo or Getaround crash.

Your own UM and UIM coverage

If the other driver had no insurance, fled the scene, or had too little coverage, your own uninsured and underinsured motorist coverage may pay (Insurance Code section 11580.2). California insurers must offer this coverage, and it can only be rejected in writing. UIM coverage generally pays the difference between your UIM limit and what the at-fault driver’s insurer paid. UM claims have their own rules: within two years of the crash, you generally must file suit against the uninsured driver, reach an agreement with your insurer, or formally demand arbitration. For hit-and-run claims, the statute calls for physical contact, a report to police within 24 hours, and a sworn statement to your insurer within 30 days. Learn more on our UM and UIM claims page and our hit-and-run page.

Med-pay and health insurance

Medical payments coverage on your own policy can help with bills right away, regardless of fault. See California med-pay benefits after a crash. Health insurers and medical providers may assert liens against a recovery, and those liens can often be negotiated.

If you were driving without insurance

California’s Proposition 213 (Civil Code section 3333.4) generally bars an uninsured driver or owner from recovering non-economic damages, such as pain and suffering, though medical bills and lost wages can still be recovered. There are exceptions, including when the at-fault driver was convicted of DUI. Passengers are not affected by this rule. Talk with us before assuming you have no claim.

When a Government Vehicle or Dangerous Road Is Involved

Public entities can be responsible for crashes caused by their employees’ driving (Vehicle Code section 17001) and for dangerous conditions of public property, such as a missing signal, a hidden hazard, or a poorly designed curve (Government Code section 835). Those claims start with a written government claim, generally due within six months of the crash (Government Code section 911.2). State highway claims involving Caltrans go through the state’s Government Claims Program. Read our California government and Caltrans claims guide, plus crashes near Caltrans lane closures and eroding roads fault when traffic lights are out, and whether you can sue the government over a dangerous road or sidewalk.

What a Car Accident Claim May Include

  • Emergency care, hospital bills, surgery, therapy, and future medical care supported by the evidence
  • Lost wages and reduced earning capacity
  • Pain, suffering, emotional distress, and loss of enjoyment of life
  • Vehicle repair or replacement, rental costs, and damaged property
  • Wrongful death damages for eligible family members after a fatal crash (Code of Civil Procedure section 377.60)
  • Punitive damages in limited cases, such as some drunk driving crashes (Civil Code section 3294)
Past medical expenses are generally measured by what was actually paid or owed, not always the full amount billed (Howell v. Hamilton Meats and Provisions, Inc. (2011) 52 Cal.4th 541). We do not promise results or publish invented settlement figures. Value depends on liability, injuries, insurance, and proof. For DUI crashes, see punitive damages and Braun’s Law.

California Car Accident Deadlines

  • Two years to file most injury lawsuits (Code of Civil Procedure section 335.1).
  • Three years for most vehicle and property damage claims (Code of Civil Procedure section 338).
  • Six months to present a government claim for injury against a city, county, transit agency, or the state (Government Code section 911.2).
  • Two years to take one of the required steps on a UM claim (Insurance Code section 11580.2).
  • Minors: the two-year lawsuit clock is often paused until age 18 (Code of Civil Procedure section 352), but government claim deadlines are not.
Immigration status should not keep anyone from asking questions. In California personal injury and wrongful death cases, evidence of a person’s immigration status generally is not admissible (Evidence Code section 351.2).

After a government claim is presented

Government Code section 912.4 generally gives the public entity 45 days to act. If it does not act, the claim is deemed rejected. If the entity mails or delivers a written rejection, Government Code section 945.6 generally gives six months from that notice to file a lawsuit. If no written notice is given, a two-year period from accrual can apply instead. Presenting the claim is still the step that comes first.

Minimum liability insurance in California

The California Department of Motor Vehicles currently states, citing Insurance Code section 11580.1b, that the minimum private-passenger liability limits are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage. Those figures are statutory floors, not a measure of what a case is worth.

Rideshare Accidents

Rideshare services like Uber and Lyft are part of daily life in California, but they add legal questions when a crash happens. Coverage can depend on whether the app was off, on and waiting for a request, or on an active trip. Claims can involve driver negligence, vehicle maintenance, and the rideshare company’s insurance. We investigate the crash, deal with the insurers, and work through the company’s coverage so that medical bills, lost wages, and other losses are documented and pursued. Read more on our rideshare and delivery accident page. Related reading: California rideshare UM and UIM after SB 371, what SB 623 changes for rideshare medical bills in 2027, and Orange County Uber freeway passenger abandonment claims. Related reading: hit by a Waymo in California and robotaxi crashes in San Diego.

Bus Accidents

Bus accidents can be particularly serious because of the size of the vehicles and the number of passengers involved. They can result from driver error, mechanical failures, or other drivers. When a crash occurs, liability can involve the bus driver, the bus company, or a government entity that runs public transportation. Our approach includes a thorough investigation, gathering video and maintenance records, and working with reconstruction experts when needed. Transit crashes involving Metrolink, LA Metro, OCTA, MTS, or a school bus often follow different claim rules than private auto wrecks, including the six-month government claim deadline. See our mass transit, train, and bus accident pages, plus the transit six-month claim checklist injured on a Metro bus by another driver, how to file a claim after an LA Metro bus accident, and how to file a claim against MTS after a San Diego trolley crash.

Semi-Truck Accidents

Semi-truck accidents are among the most serious on the road. Driver fatigue, speeding, poor maintenance, overloaded or unsecured cargo, and hazardous road conditions can all play a role, and the size and weight of a loaded truck make the consequences severe. Trucking companies and drivers must follow federal and California safety rules on hours of service, inspections, and driver qualifications. When those rules are broken, the motor carrier may share responsibility with the driver. Our approach in truck cases includes early preservation of electronic logging and engine data, investigation of the carrier and maintenance history, and work with reconstruction experts. Learn more on our truck and commercial vehicle accident page. Related reading: delivery semi jackknife claims on I-5 at San Ysidro, bicycle crashes with a semi, and who pays after a truck hit-and-run.

More California Crash Guides

City car accident and injury pages

California car-crash rules are statewide, but the claim recipient changes when a city street, a county road, a Caltrans freeway, or a transit vehicle is involved. Use these pages together with the statewide rules on this hub: Our only office remains 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. We have no Los Angeles office and no San Diego office. We speak Spanish and Vietnamese.

Car crashes near our Tustin office

Our office is at 17291 Irvine Blvd., Suite 210, Tustin, CA 92780, so we know the roads where Tustin crashes happen. The I-5 and SR-55 both cross the city, and streets such as Red Hill Avenue, Newport Avenue, Tustin Ranch Road and Jamboree Road carry commuters, shoppers and school traffic every day. The SR-261 toll road also runs close to the Tustin and Irvine line. Rear-end collisions, left-turn crashes at wide intersections and merging crashes near freeway ramps are the kinds of crashes we investigate. Who responds can affect your paperwork. Collisions on Tustin city streets are generally handled by the Tustin Police Department, and freeway crashes are usually handled by the California Highway Patrol. Write down the report number, photograph the scene and the vehicles, and keep your medical records together. Most California injury lawsuits must be filed within two years, and a claim against a city or other public entity can have a much shorter six-month deadline, so do not wait to ask questions. If a lawsuit becomes necessary, it is often filed in Orange County Superior Court. Read our full Tustin car accident lawyer page, or talk to us at (657) 235-8097. We represent injured people throughout California, and we speak Spanish and Vietnamese.

Talk to Us About Your Car Accident Claim

We represent injured people across California, with particular depth in Orange County, Los Angeles County, San Diego County, and the Inland Empire. Meetings are by appointment at our Tustin office or by phone and video. Our office is fluent in Spanish and Vietnamese. Call (657) 235-8097 or use our contact page. You do not need a perfect file to start a conversation.

California Car Accident FAQs

How long do I have to file a car accident claim in California?

Most injury lawsuits must be filed within two years of the crash under Code of Civil Procedure section 335.1, and most property damage claims within three years. If a city, county, transit agency, or Caltrans may be responsible, a government claim generally must be presented within six months under Government Code section 911.2.

Can I still recover if the crash was partly my fault?

Yes. California uses pure comparative fault, so your recovery is reduced by your percentage of fault rather than barred. If you were 20 percent at fault, for example, your damages would be reduced by 20 percent.

What if the other driver was uninsured or underinsured?

Your own uninsured and underinsured motorist coverage may pay under Insurance Code section 11580.2. UM claims have their own two-year steps and, for hit-and-run crashes, a 24-hour police report requirement, so it helps to act early.

Do I have to report a car accident to the DMV?

Yes, if anyone was injured or killed, or property damage was over $1,000. Each driver must file an SR-1 form with the DMV within 10 days under Vehicle Code section 16000, in addition to any police report or insurance claim.

Should I give a recorded statement to the other driver’s insurer?

You are generally not required to. A recorded statement can lock in details while you are still in pain or unsure of your injuries, and adjusters may use it to argue shared fault. Consider talking with us first.

What if a government vehicle or a dangerous road caused my crash?

Public entities can be responsible for their employees’ driving and for dangerous conditions of public property. Those claims start with a written government claim, generally due within six months of the crash, before any lawsuit can be filed.

Can I recover if I was driving without insurance?

Often yes for medical bills, lost wages, and property damage. Under Civil Code section 3333.4, an uninsured driver generally cannot recover pain and suffering damages, with exceptions such as when the at-fault driver was convicted of DUI. Passengers are not affected by this rule.

What if I was a passenger?

Passengers can usually make claims against the driver of their own vehicle, the other driver, or both, depending on fault. Your own UM and UIM coverage, or a household policy, may also apply.

Where should I start if my crash was in San Diego or Los Angeles?

Use our San Diego car accident lawyer page or our Los Angeles car accident lawyer page for local roads, city and county claims, and freeway-versus-city-street forks. Come back to this page for the statewide fault, insurance, and deadline rules.

What are California’s minimum auto insurance limits?

The DMV currently states, citing Insurance Code section 11580.1b, that the minimum private-passenger liability limits are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage.

What if my crash happened on a Caltrans freeway?

Numbered interstate and state-route freeways are generally Caltrans roads. A dangerous-condition or work-zone claim about those roads usually goes to Caltrans, not to the city clerk, even if the crash occurred inside city limits. See our guide on how to file a claim against Caltrans.

How long does a public entity have to act on my claim?

Government Code section 912.4 generally gives the entity 45 days. Silence counts as a rejection. A written rejection generally starts a six-month lawsuit deadline under Government Code section 945.6.

Do you speak Spanish or Vietnamese?

Yes. We speak Spanish and Vietnamese, and we represent clients across California from our Tustin office.

Disclaimer

This page is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Outcomes depend on the facts of each matter. California law and insurance practices can change. Consult a licensed California attorney about your situation.

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