Is California an At-Fault State for Car Accidents?

Whose fault was it? This question echoes through all auto accident cases, and its answer carries financial implications. In the United States, most states follow either an at-fault or no-fault policy for car accidents. At-fault states allow accident victims to seek compensation for injuries from the driver deemed responsible for the accident, typically through that driver’s insurance company. If you live in California, car-accidents are subject to the at-fault legal philosophy. In no-fault states, individuals involved in a car accident generally seek compensation through their own insurance provider. However, in certain cases, victims in no-fault states can still file claims or lawsuits against at-fault drivers, such as when willful misconduct or severe injury is involved.

The difference between at-fault and no-fault significant for determining the best course of action after an accident, especially for ensuring fair compensation. Personal injury firms are an excellent resource and ally following a collision, helping you understand your rights, legal options, and recovery process. Legislation can be confusing, and insurance companies are always looking to minimize their costs. A community-trusted personal injury firm like United Citizen Law can help you navigate the rough waters of post-accident recovery. We serve the Sacramento area with legal expertise, familiarity with insurance providers, and a relentless passion for justice—and we can help you get back on your feet.

Call us at (916) 800-8457 or schedule a free consultation today to begin your accident recovery journey.

What is California’s At-Fault Car Accident Law?

California’s at-fault policy for private vehicle owners is outlined in the state legislature under Vehicle Code Division 9, Chapter 1, Article 2. The code states that vehicle owners are liable when a “negligent or wrongful act or omission in the operation of the motor vehicle” causes death, injury, or property damage (Section 17150). In other words, if a driver’s mistake causes an accident, the vehicle owner assumes financial responsibility for the damages, provided the driver is the owner or had the owner’s permission to operate the vehicle.

A key factor determining victim compensation for California car accidents is the distinction between negligence and non-negligence. Non-negligence is generally defined as the exercise of reasonable care while driving, and many at-fault drivers are still considered non-negligent. In such cases, at-fault but non-negligent drivers are only liable for up to: 

• $15,000 for the injury or death of a single person
• $30,000 for injury or death of multiple people
• $5,000 for property damage (Section 17151)

These limits apply when the vehicle owner’s liability stems from permissive use of their vehicle and do not apply if negligence is involved. Negligence is defined as the failure to exercise reasonable care while driving and can include actions like speeding, texting while driving, and driving under the influence (DUI). When an at-fault driver is found to be negligent, they may be held responsible for the full amount of damages caused. 

Personal injury firms can help prove that an at-fault driver acted negligently and assist victims in maximizing their compensation.

What Can a Passenger Do When Their Driver is At Fault in a Car Accident?

When an at-fault driver is carrying passengers who are injured as a result of the crash, a passenger may wonder whether they can sue their driver for damages. Injured passengers may sue their driver for damages if they can prove negligence. This rule applies regardless of whether the car is owned by the passenger or driver. However, if the injured passenger is also the vehicle’s owner and the driver was operating the vehicle with the owner’s permission, the owner-passenger’s ability to sue for ordinary negligence may be limited. In such cases, the owner-passenger may only seek damages if the injuries were caused directly by the driver’s willful misconduct or intoxication.

If their driver did not act with negligence, willing passengers cannot sue for damages (Section 17158). However, they may still sue the at-fault driver of another vehicle involved in the accident. If you’re involved in an accident while riding with Uber, Lyft, or another ridesharing service, a different set of guidelines apply, which you can learn about here.

When you’re injured as a vehicle passenger, your right to compensation can be difficult to understand without legal expertise. Consult a reliable personal injury law firm to better understand your options and determine the best course of action for recovery.

Who is Liable When Someone Other Than the Vehicle’s Owner Causes an Accident?

Consider the following scenario: a car owner lends their car to a friend, and that friend causes an accident while driving the borrowed car. The permitted driver of a car owned by another is legally known as a bailee. When the bailee causes a car accident, the owner of the vehicle is sometimes financially responsible, not the bailee. This is referred to as vicarious liability. An exception for negligence applies here as well: a bailee whose willful misconduct or intoxication caused the accident can be held personally liable for all damages. If the vehicle’s owner exercises negligence independent of the accident, such as lending their car to an unlicensed driver, they may also be liable for all damages. However, vehicle owners are also not financially responsible for the actions of unpermitted drivers, such as car thieves.

What Does California’s At-Fault Law Mean for Drivers?

California’s at-fault car accident laws place an increased burden of responsibility on vehicle owners. Victims are in a position of heightened protection under such legislation, and taking the correct steps after a collision can help them move on with their lives. Having a personal injury firm in your corner ensures that you pursue the appropriate course of action to receive the compensation you deserve. United Citizen Law specializes in auto accident injury cases and is one of Sacramento’s highest-rated personal injury law firms.

If you’re ready to hand over the complex legal language and insurance jargon, contact us at (916) 800-8457 or describe your accident to us online.

This article is for information purposes only and does not constitute legal advice.