California Auto Accidents Attorneys

A car accident in California changes your life in an instant. From the chaotic scene on the road to the immediate struggle of seeking medical care and dealing with an aggressive insurance company, the consequences are overwhelming. 

At Harris Personal Injury Lawyers, we understand the unique pressures and complex laws that govern motor vehicle accidents across the Golden State. With a proven track record of fighting tirelessly for accident victims and securing millions of dollars in settlements and verdicts we are the dedicated advocates you need in your corner.

This is your definitive guide to navigating a car accident claim in California and why hiring Harris Personal Injury Lawyers is the critical step toward securing maximum compensation.

The Immediate Aftermath: Why You Need an Attorney Now

In the critical hours and days following a crash, the opposing insurance company is already building a case against you. Their goal is simple: to minimize their payout.

The Insurance Company's Playbook:

1. The Quick Call: They will often call you immediately to obtain a recorded statement, hoping you will inadvertently say something that undermines your claim (e.g., "I'm feeling fine," before serious symptoms have developed).
2. The Lowball Offer: They will offer a quick, insufficient settlement before the true extent of your injuries and damages is known.
3. The Blame Game: They will attempt to shift some or all of the fault onto you, leveraging California’s comparative fault laws to reduce their financial liability.

Do not speak to the insurance adjuster before speaking to us. When you hire Harris Personal Injury Lawyers, we immediately handle all communication with the insurance companies. This protects any accidental mistakes and allows you to focus on your recovery.

California Law: The Three Pillars of Your Car Accident Claim

Personal injury claims in California are governed by specific, nuanced laws. Our attorneys have thorough experience with these laws to build an unassailable case on your behalf.

1. Proving Negligence: The Foundation of Fault

California is a "fault" state, meaning the at-fault driver is legally liable for your damages. To win your case, we must prove the other driver was negligent. Negligence requires proving four elements: 

• Duty of Care: The legal duty all drivers have to operate their vehicles safely and follow the rules of the road (e.g., obeying speed limits, watching for pedestrians).
• Breach of Duty: The driver failed to uphold that duty (e.g., ran a red light, was distracted by a phone, or was driving under the influence).
• Causation: The driver’s breach of duty directly caused the accident, and the accident, in turn, caused your injuries.
• Damages: You suffered actual, quantifiable losses (e.g., medical bills, lost wages, pain and suffering) as a result of the injury.

A powerful tool in California personal injury law is Negligence Per Se. If the at-fault driver violated a specific traffic law—such as California Vehicle Code § 22350 (Unsafe Speed) or § 21453 (Running a Red Light)—they are presumed to have acted negligently. This dramatically shifts the burden of proof in your favor, and our attorneys are highly skilled at identifying and leveraging these violations.

2. Pure Comparative Fault

California follows the doctrine of Pure Comparative Fault (or Pure Comparative Negligence). This is a crucial distinction from many other states and can be a huge benefit to accident victims:

• How it Works: Even if you were partially at fault for the accident, you can still recover damages, but your total compensation award will be reduced by your percentage of fault.
• Example: If a jury awards you $100,000 but finds you were 10% at fault (perhaps for speeding slightly), your final award would be reduced by $10,000, leaving you with $90,000.
• The Insurance Tactic: The opposing insurance company will aggressively try to assign you a high percentage of fault (e.g., 50% or more) to drastically cut their payout. Our job is to rigorously investigate the crash scene, interview witnesses, and hire experts to ensure the blame is accurately and fairly assigned to the negligent party.

3. The Statute of Limitations: The Clock is Ticking

In California, the deadline for filing a car accident lawsuit is generally two years from the date of the injury as per California Code of Civil Procedure § 335.1.

• The Critical Deadline: Once this two-year window closes, you lose your right to sue, and your claim will be permanently barred.
• Exceptions: There are crucial exceptions, such as:
  • Claims Against a Government Entity: If the accident involved a city bus, government vehicle, or poorly maintained road, the deadline to file a claim is often just six months.
  • Minors: The statute of limitations for a minor often does not begin to run until they turn 18.
  • Discovery Rule: If an injury was not immediately discoverable, the clock may start when the injury was first discovered.

Do not delay. The sooner you contact Harris Personal Injury Lawyers, the sooner we can secure critical evidence (like black box data, surveillance footage, and witness testimony) and ensure all deadlines are met.

Valuing Your California Claim

A car accident claim in California seeks to recover Compensatory Damages, which are designed to "make the victim whole" again. These damages are broken down into two main categories:

1. Economic Damages (Objective Losses)

These are the losses with a clear dollar value:

• Medical Expenses: Past and future costs, including emergency room visits, hospital stays, surgeries, prescriptions, physical therapy, and long-term care.
• Lost Wages: Income lost from time missed at work due to the accident and recovery.
• Loss of Earning Capacity: Compensation for a permanent reduction in your ability to earn an income in the future due to your injuries.
• Property Damage: The cost of repairing or replacing your vehicle, as well as the loss of use of your vehicle.

2. Non-Economic Damages (Subjective Losses)

These are the losses that affect your quality of life, which our attorneys are skilled at translating into a financial value for a jury or adjuster:

• Pain and Suffering: Compensation for the physical discomfort, agony, and inconvenience of your injuries.
• Emotional Distress: Compensation for the psychological impact of the accident, including anxiety, fear, depression, and PTSD.
• Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, sports, and daily activities you enjoyed before the crash.
• Loss of Consortium: Compensation for the negative impact on the relationship with your spouse or partner.

3. Punitive Damages (Rare, but Powerful)

In cases involving extremely reckless or malicious conduct (like drunk driving), California law may allow us to seek Punitive Damages. These damages are intended to punish the defendant and deter similar behavior in the future.

The Harris Personal Injury Lawyers Advantage: Our Process

From the moment you contact us, you gain an entire team dedicated to relieving your burden and aggressively pursuing justice.

1. Immediate, Free, and Confidential Consultation

We meet with you to hear your story, assess the facts of your accident, and provide a clear legal strategy, all at no cost and with no obligation.

2. Aggressive Investigation & Evidence Collection

We dispatch investigators to the scene, secure the police report, subpoena video footage (from traffic cameras, nearby businesses), analyze vehicle damage, and interview key witnesses. We handle everything to build a comprehensive narrative of fault.

3. Medical and Financial Documentation

We work with your doctors to secure the necessary reports to establish the full extent and permanence of your injuries. We also engage vocational and economic experts to calculate the true value of your lost earning capacity and future medical needs.

4. Negotiation and Litigation Excellence

We leverage our reputation as tenacious litigators to force the insurance companies to offer a fair settlement. If the insurance company refuses to compensate you fairly, we are always ready to take your case to a California civil court. We prepare every case as if it will go to trial.

5. Our "No Fee Unless We Win" Guarantee

You should not have to take on financial risk to pursue justice. We work on a contingency fee basis. This means you pay no upfront cost for our legal services. We only collect a fee if we successfully win your case through a settlement or a verdict.

Types of California Car Accident Cases We Handle

The term "car accident" covers a vast spectrum of negligence. Our seasoned legal team has a proven history of success across all motor vehicle injury claims, including:

• Drunk Driving (DUI) Accidents
• Distracted Driving (Cell Phone Use, Texting)
• Rear-End Collisions
• T-Bone / Intersection Accidents
• High-Speed or Reckless Driving Crashes
• Uninsured/Underinsured Motorist (UM/UIM) Claims
• Rideshare Accidents (Uber and Lyft)
• Commercial Truck Accidents

No matter the complexity of your crash, if it happened in California and was caused by someone else's negligence, we have the resources, experience, and dedication to fight for you.

FAQs

Handling the turmoil of a car accident and dealing with a personal injury claim can be overwhelming. Here are answers to the most common questions our clients ask about car accident settlements and California law:

Take the Next Step: Contact Harris Personal Injury Lawyers Today

You have enough to worry about right now. Let us take on the stress of the legal battle and the insurance negotiations. Your focus should be on healing, not haggling.

If you or a loved one has been injured in a car accident anywhere in California, do not let the statute of limitations expire or the insurance company take advantage of your vulnerable state.

Speak with a dedicated California car accident attorney at Harris Personal Injury Lawyers by calling (408) 512-3600.