You only have a negligence claim if you can prove that the other driver caused the accident by acting carelessly or failing to exercise reasonable care. In some cases, both drivers may share responsibility for the collision. Because California follows a comparative fault system, you may still recover compensation based on the other party's percentage of fault, even if you were partially responsible. For example, if you are found to be 20% at fault, your compensation may be reduced by that same percentage. However, if you are 100% responsible for causing the California car or motorcycle accident, you generally will not have a valid claim for damages. If you are unsure how comparative fault applies to your case, speaking with an experienced car accident attorney can help you understand your legal rights and options.
Regardless of who is at fault, you should report the accident to your auto insurance company as soon as possible. Your insurer will handle any claims filed against you and, if necessary, provide a legal defense and coverage for bodily injury or property damage that falls within your policy limits.
More Car Accident Injury FAQs
Do you have additional questions about California car or motorcycle accident cases? Visit our Car Accident Injury FAQs page for answers to common legal questions, helpful guidance, and information about your rights after an accident.