Car accidents in California are governed by specific laws and regulations that all drivers should be aware of. Understanding these laws can help you navigate the aftermath of an accident and ensure you protect your rights. Here are some key aspects of California car accident laws:
- Reporting an Accident: In California, you must report a car accident to law enforcement if it results in injury, death, or property damage exceeding $1,000. You should call the police to the scene, and they will create an official accident report.
- Determining Fault: California follows a “fault” or “at-fault” system when it comes to determining liability in car accidents. The party responsible for the accident is typically responsible for covering the damages and injuries caused.
- Comparative Negligence: California uses a comparative negligence system. This means that even if you are partially at fault for the accident, you can still recover damages. However, the amount you can recover will be reduced by your percentage of fault.
- Minimum Auto Insurance Requirements: California law requires all drivers to carry a minimum amount of liability insurance coverage. As of my last knowledge update in 2022, the minimum requirements are:
- $15,000 for bodily injury or death per person.
- $30,000 for bodily injury or death per accident.
- $5,000 for property damage.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): California also requires insurers to offer uninsured/underinsured motorist coverage to provide protection in case you are involved in an accident with a driver who has no insurance or insufficient coverage. You have the option to decline this coverage in writing, but it’s generally recommended to carry it.
- Statute of Limitations: In California, there is a time limit (statute of limitations) for filing a personal injury lawsuit arising from a car accident. Generally, you have two years from the date of the accident to file a lawsuit. However, there may be exceptions, so consult with an attorney to understand your specific situation.
- No-Fault Insurance: California is not a no-fault insurance state. This means that in an accident, the at-fault driver’s insurance typically pays for the damages and injuries of the other parties. However, you can still make a claim against your own insurance for certain benefits, such as medical payments coverage.
- Seat Belt Laws: California has strict seat belt laws. All passengers in a moving vehicle are required to wear seat belts, regardless of their age or where they are seated.
- Cell Phone Use While Driving: The use of handheld cell phones while driving is illegal in California. Hands-free devices are allowed for drivers over 18 years old.
- DUI Laws: Driving under the influence (DUI) of alcohol or drugs is a serious offense in California. Penalties for DUI convictions can include license suspension, fines, and even imprisonment.
- Hit and Run Laws: Leaving the scene of an accident without providing required information or rendering aid is a crime in California. Penalties for hit and run can be severe.
- Child Safety Seat Laws: California has strict child safety seat laws requiring children to be securely fastened in an appropriate car seat or booster seat based on their age, weight, and height.
If you’re involved in a car accident to understand how the law applies to your specific situation. Additionally, insurance requirements and regulations may vary, so it’s essential to review your policy and speak with your insurance provider for up-to-date information. Call Cohen Injury Law Group today!