California Law
California Auto Accident Law
California follows a pure comparative fault system under Civil Code § 1431.2 — meaning that even if you were partially at fault, you may still recover damages. Your recovery is reduced proportionally by your share of fault but not eliminated. This is more favorable than contributory negligence states, which can bar recovery entirely if the plaintiff bears any fault.
All California drivers are required to carry minimum liability insurance — currently $15,000 per person and $30,000 per accident under California Insurance Code § 11580.1b. Serious accidents routinely produce damages that exceed these minimums, making uninsured and underinsured motorist coverage critical. California requires insurers to offer UM/UIM coverage, though insureds may waive it in writing.
Statute of Limitations: California personal injury claims must generally be filed within two years of the accident date (CCP § 335.1). Claims against a government entity — including any city, county, or state agency — require a government tort claim within six months of the incident under the Government Claims Act. If the accident occurred in the course and scope of employment, workers' compensation deadlines apply and are shorter: you must notify your employer within 30 days of the injury. Eagan Law does not handle workers' compensation matters — if your accident may be work-related, consult a workers' compensation attorney promptly. Missing applicable deadlines may permanently bar recovery.
California Vehicle Code § 22350 establishes the basic speed law and is frequently at issue in accident fault analysis. Federal motor carrier safety regulations apply to commercial trucks and create additional standards of care that, when violated, can support findings of negligence per se.
Where a defendant's violation of a safety statute — such as California's distracted driving laws (CVC § 23123) — leads to catastrophic harm, we apply the negligence per se doctrine to establish liability without requiring independent proof of unreasonableness. Under California's pure comparative fault rules, you may still be entitled to significant recovery even if you were partially responsible for the accident — your damages are reduced by your fault percentage, not eliminated.
Beyond immediate emergency room costs, we account for the long-term life care planning necessitated by permanent spinal cord trauma, traumatic brain injury and conditions such as complex regional pain syndrome (CRPS). Non-economic losses — quality of life impairment, loss of enjoyment of activities and pain and suffering — are fully compensable and form a significant component of serious accident claims. Where facts are disputed, we retain accident reconstruction experts to establish exactly what occurred.