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Home / Personal Injury / California Car Accident
If a careless driver caused your crash on a California road, state law may let you seek compensation for medical bills, lost income, and pain and suffering, even if you were partly at fault. Most California injury lawsuits must be filed within two years, and claims involving a government vehicle or road usually within six months. A free review can help you find out where you stand.
Hurt in a California car accident?
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Eligibility
You may qualify if these describe your crash. These are the general guidelines participating law firms use when they review a motor vehicle accident lawsuit or injury claim. For official road safety information, see NHTSA’s road safety resources.
In a car, truck, motorcycle, bicycle or bus, or as a pedestrian. Any road user hurt by someone else’s driving.
California uses pure comparative fault. You may still recover even if you were partly to blame; your recovery is reduced by your percentage of fault rather than cut off.
An ER visit, urgent care or your own doctor. A medical record made soon after the crash matters a great deal.
Most California injury lawsuits must be filed within two years of the crash (Code of Civil Procedure §335.1). If a city, county, state or transit vehicle or a dangerous public road was involved, a written government claim is generally due within six months (Government Code §911.2).
A police report, photos, witness details or dashcam video. A firm can help get records you do not have.
Semi-trucks, delivery vans, buses and work vehicles bring employer liability and much larger insurance policies into play.
Think it was partly your fault?
California still allows you to recover, reduced by your share of the blame. It is one of the most common reasons people never call, and one of the least justified.
Meeting these guidelines does not mean you have a valid claim. It means a participating law firm is likely to review it, and that firm decides on its own whether to take your case. Direct2Attorney cannot judge the legal merits of your case, give legal advice, or file anything for you.
What tends to complicate a claim, and why it is worth asking anyway
Some situations make a claim harder. Under California law, many of them can be worked around.
What holds people back
People assume any share of blame ends the claim.
What is true
California follows pure comparative negligence (Li v. Yellow Cab Co., 1975). Your recovery is reduced by your share of fault, but it is not cut off, even if you were more than half at fault.
What holds people back
Many people skip care at the scene, then hurt for days.
What is true
Serious injuries often show no symptoms at first. Get checked now, even if it is days later. In California, waiting can make it harder to connect your injuries to the crash.
What holds people back
An offer can feel like the end of the road.
What is true
Quick settlements favor the insurer. Signing a release usually waives your right to more money later, even if your condition gets worse. Get advice before you sign anything.
What holds people back
People assume there is no one to pay.
What is true
California insurers must offer uninsured motorist coverage, and many drivers carry it. It may cover you when the at-fault driver has no insurance or not enough. Note: under Proposition 213, a driver who was uninsured themselves generally cannot recover pain and suffering damages.
California law
California has its own rules on fault, deadlines and insurance. These are the ones that most often shape a crash injury claim.
California lets you recover even if you share the blame. Your award is reduced by your percentage of fault (Civil Code §1714; Li v. Yellow Cab Co.). Read the law
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure §335.1). Read the law
Crashes involving a public vehicle, employee or road usually need a written claim within six months (Government Code §911.2). Read the law
Since January 1, 2025, California drivers must carry at least $30,000 per person, $60,000 per accident and $15,000 property damage (SB 1107).
Drivers who were uninsured at the time of the crash generally cannot recover pain and suffering, only economic losses. Passengers are not affected (Civil Code §3333.4). Read the law
Drivers must file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or property damage was over $1,000 (Vehicle Code §16000). Read the law
General information about California law, not legal advice. Exceptions apply. A California-licensed attorney can explain how these rules apply to your situation.
The basics
A motor vehicle accident claim is a legal action brought by someone hurt in a traffic crash because of another party’s negligence, recklessness or wrongful conduct. Negligence simply means someone failed to take the care a reasonable person would.
An insurance claim and a lawsuit are not the same thing. An insurance claim is handled directly with an insurer. A personal injury lawsuit is filed in civil court and can seek the full scope of your losses: medical costs, lost income, pain and suffering, and long-term care.
Insurance settlements are often lower than what a negotiated lawsuit or a court can produce. That gap is one reason people talk to a lawyer before accepting an offer. According to NHTSA data, roughly 2.5 million people are injured in U.S. traffic crashes each year, across close to 6.1 million reported non-fatal crashes.
How a claim usually moves
Insurance claim first
Most claims start with the at-fault driver’s insurer, and many settle there.
Negotiation
A firm gathers records and pushes back on low offers.
Lawsuit if needed
If the insurer will not pay fairly, the firm can file in civil court before the deadline.
How crashes happen, in plain words
Most crashes come down to a driver’s choice. The cause matters, because it shapes who is at fault and how strong a claim is. Statistics are from NHTSA (2023) and IIHS (June 2024).
Roughly 8% of traffic deaths in 2023, about 3,300 lives. Texting and phone use create strong negligence arguments.
About 30% of U.S. traffic deaths, one death every 42 minutes. It may open the door to punitive damages.
A factor in nearly 30% of fatal crashes in 2023, claiming 11,775 lives. Often shown in police reports and vehicle data recorders.
Officially linked to 633 deaths in 2023, and widely believed to be underreported.
Red-light running alone caused 1,149 deaths and over 107,000 injuries in 2022. Unsafe lane changes and tailgating are also common, and often caught on dashcam.
Hours-of-service breaches, poor loading, bad maintenance and negligent hiring can make the trucking company liable as well as the driver.
Feel fine? Get checked anyway
Serious injuries, such as a head injury or internal bleeding, often show no early symptoms. A prompt medical record protects both your health and your claim.
Treatment and recovery
Treatment depends on the injury. Each visit also leaves a record, and those records later show what the crash cost you.
General information only. Your doctors decide your treatment. If the crash was recent and anyone is hurt, call 911.
Right away
An ER or urgent care visit to check for broken bones, head injury and internal injuries, even if you feel fine.
Finding the problem
X-rays, CT or MRI scans can find fractures, herniated discs and brain injuries that are not visible.
Healing
Exercises and hands-on care to restore movement and strength. Recovery often takes weeks or months.
Serious injury
Fractures, spinal injuries and torn tissue may need surgery, followed by rehab.
Head injury
Rest, follow-up visits and sometimes specialist care for memory, focus or balance problems.
The hidden cost
Anxiety, trouble sleeping or fear of driving are common after a crash. Counseling can help, and it is part of what a claim covers.
Quick self-check
If you can say yes to most of these, it is worth asking for a free review.
Were you hurt in a crash as a driver, passenger, rider, cyclist or pedestrian?
Was another driver, company or public agency at least partly to blame?
Did you get medical care for your injuries?
Did the crash happen within the last few years?
Requirements
You do not need any of this to start. A firm collects it for you. But every claim is built on these four things.
Someone else was careless
Police report, photos or witnesses.
You were injured
Medical records from soon after.
It cost you something
Bills, lost pay, repair costs.
Filed in time
In California, most injury lawsuits must be filed within two years.
Compensation
Damages fall into two groups: economic losses you can measure, and non-economic losses that are real but harder to put a number on.
No one can tell you what your claim is worth before reviewing it, and no one can promise you will recover anything. Settlement ranges on this page are historical figures reported by third parties for general awareness. They are not offers, guarantees or predictions, and they do not reflect the value of any individual claim. Comparative fault rules, damage caps, no-fault requirements and filing deadlines all differ by state. Past results do not guarantee or predict a similar outcome in any future case. Attorney fees, case costs, medical liens and any required repayment to health insurers come out of any recovery.
After a crash
If the accident was recent, the first steps are yours. After that, a firm takes over.
If anyone is hurt or the crash is serious, call 911 right away. Move somewhere safe if you can. Do not admit fault. Even an apology can be used against you later.
Photograph the vehicles, plates, road, skid marks, signs and your injuries. Get contact details from every driver, passenger and witness. Note the exact time and place.
Even if you feel fine. Serious injuries often show no early symptoms, and a prompt record protects your health and your claim.
Tell your own insurer the basic facts. Then take two minutes here. A participating firm handles the adjusters and builds the claim, and you never have to accept an offer you do not want.
READY WHEN YOU ARE
Step 1 takes about two minutes.
Filing deadlines
California sets firm deadlines for car accident claims. Missing one can end a claim, no matter how strong it is.
Most California car accident injury lawsuits must be filed within two years of the crash (Code of Civil Procedure §335.1). Wrongful death claims generally run two years from the date of death.
If a city bus, police car, public agency vehicle or a dangerous public road played a part, a written claim must usually be filed with the agency within six months (Government Code §911.2) before any lawsuit.
A claim for property damage alone, such as repairs to your car, generally has a three-year deadline (Code of Civil Procedure §338).
For someone hurt before age 18, the two-year clock is generally paused until they turn 18 (Code of Civil Procedure §352). Government claim deadlines still apply.
Exceptions can extend or shorten these deadlines. A California-licensed attorney can confirm which deadline applies to your crash.
Not sure whether your time has run out?
Most people guess, and many guess wrong in the direction that costs them. Finding out takes about two minutes and costs nothing.
The no-fee promise
Participating firms typically handle motor vehicle accident cases on contingency. The fee is a percentage of any recovery. If there is no recovery, no attorney fee is owed.
What that covers
What to ask about
Fee arrangements are set by the law firm you sign with, not by Direct2Attorney, and vary between firms.
Why people use us
No upfront fees
The review is free. Participating firms work on contingency, so a fee is owed only out of a recovery. No recovery, no attorney fee.
California-licensed attorneys
Fault rules, damage caps and deadlines are state law. For California cases, a California-licensed attorney is associated with your claim.
Fast response
Most people hear back within a day. Evidence is easiest to secure early, while records and memories are fresh.
Private and secure
Your information is encrypted and handled according to our Privacy Policy. You are never obligated to move forward.
What Direct2Attorney is
A legal marketing and referral service. We check whether your situation matches what participating law firms are looking for, and connect you with one of them if it does.
What Direct2Attorney is not
We are not a law firm. We cannot give you legal advice, represent you, or file anything on your behalf. Only a law firm you sign with can do that.
Firms are reviewing new crash injury claims
In California, most injury lawsuits must be filed within two years, and claims against a government agency within six months. The sooner you speak to an independent law firm about a motor vehicle accident lawsuit, the more evidence is still available to build your claim. The review takes about two minutes, costs nothing, and commits you to nothing.
What happens after you ask
We check your answers
Usually the same business day
A participating firm may call you
At the time you choose
You decide what comes next
No cost and no obligation, ever
Questions
Still have a question? Ask it on the call. The review is free, and there is no obligation.
Start my free review →Most injury lawsuits must be filed within two years of the crash under Code of Civil Procedure §335.1. Claims for vehicle damage only generally have three years. If a government vehicle or public road was involved, a written claim is usually due within six months.
Often, yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred. Even a driver found mostly at fault may recover a reduced amount.
You generally must file a written government claim with the agency within six months of the crash (Government Code §911.2) before you can sue. These deadlines are strict, so it is worth asking early.
Your own uninsured motorist (UM) coverage may pay. California insurers must offer UM coverage, and many policies include it unless it was rejected in writing.
Possibly, but Proposition 213 generally limits uninsured drivers to economic losses such as medical bills, lost wages and vehicle damage, with no pain and suffering. Passengers and some other situations are not affected.
Yes, if anyone was injured or killed, or property damage was over $1,000. Each driver must file an SR-1 report with the DMV within 10 days, even if police made a report (Vehicle Code §16000).
You do not have to. Early offers can be lower than the full value of a claim, especially before the extent of your injuries is known. A California-licensed attorney can review an offer before you sign anything.
No. The review is free and you are under no obligation. Law firms that take car accident cases typically work on contingency, but fee terms are set by the firm you sign with.
In the news
Plain-English articles from our editorial team on the latest rulings, trials and deadlines, and what each one means if you are thinking about a claim.
Official resources
