Car accidents are a common occurrence in Santa Monica, with its bustling streets, tourist traffic, and busy intersections. If you’ve been involved in a crash, knowing California’s car accident laws can help you understand your rights, responsibilities, and legal options.
At Cohen Legal, we specialize in helping Santa Monica car accident victims secure the compensation they deserve. Below, we’ll break down key car accident laws in Santa Monica, including liability, insurance requirements, deadlines for filing a claim, and how a lawyer can help.
1. California’s At-Fault Car Accident System
California follows an at-fault system for car accidents, meaning that the driver responsible for causing the accident is liable for the damages. This means if another driver’s negligence led to your injuries, you can file a claim against their insurance company rather than your own.
How Fault is Determined in a Santa Monica Car Accident
To prove fault in a car accident case, you’ll typically need evidence such as:
- Police reports
- Witness statements
- Traffic camera or dashcam footage
- Accident reconstruction reports
- Medical records supporting your injuries
If you’re partially at fault for the accident, California’s comparative negligence law will affect your claim.
2. Comparative Negligence in California
California operates under a pure comparative negligence rule. This means that even if you were partially at fault for the crash, you can still recover compensation. However, your compensation will be reduced by your percentage of fault.
Example of Comparative Negligence
Let’s say you were 20% at fault for an accident because you were speeding, but the other driver ran a red light. If your total damages amount to $100,000, you can still recover $80,000 (100,000 – 20%).
Insurance companies often use comparative negligence to reduce settlements, so working with a Santa Monica car accident lawyer can help protect your claim.
3. California’s Car Insurance Requirements
All drivers in Santa Monica and throughout California must carry minimum liability insurance to cover injuries and property damage in case of an accident.
Minimum Liability Coverage in California:
- $15,000 for injury or death of one person
- $30,000 for injury or death of multiple people
- $5,000 for property damage
While this coverage is mandatory, these amounts may not be enough to cover serious injuries or property damage, which is why many drivers choose to carry higher coverage limits or uninsured/underinsured motorist (UM/UIM) coverage.
Uninsured and Underinsured Motorist Coverage
Unfortunately, many drivers in Santa Monica drive without insurance. If you are hit by an uninsured driver, your own UM/UIM coverage can help pay for medical expenses, lost wages, and damages.
4. Statute of Limitations for Filing a Car Accident Claim
A statute of limitations is the legal deadline for filing a lawsuit after a car accident. In California:
- Personal injury claims: Two years from the date of the accident
- Property damage claims: Three years from the accident date
- Claims against government agencies (e.g., if a city-owned vehicle caused the crash): Six months
Missing the statute of limitations means losing your right to sue, making it crucial to speak with a lawyer as soon as possible.
5. Reporting a Car Accident in Santa Monica
Under California law, you must report a car accident to the California DMV if:
- The crash resulted in injuries or death
- Property damage exceeded $1,000
You must submit Form SR-1 to the DMV within 10 days of the accident.
Failing to report an accident can result in license suspension, so it’s important to take action promptly.
6. California’s Good Samaritan Law & Duty to Help
If you witness or are involved in an accident in Santa Monica, you are not legally required to provide assistance to others involved. However, California’s Good Samaritan Law (Health & Safety Code 1799.102) protects individuals who voluntarily help injured victims from being sued for unintentional harm.
If you are involved in an accident, you must remain at the scene, exchange information, and provide reasonable aid if someone is injured.
7. Hit-and-Run Laws in California
Hit-and-run accidents are illegal in California. Under California Vehicle Code 20002, drivers involved in an accident must:
- Stop immediately at the scene
- Exchange information with other drivers
- Report the accident to law enforcement if injuries or property damage occur
Penalties for Hit-and-Run Accidents
- Misdemeanor hit-and-run (property damage only): Up to six months in jail and $1,000 fine
- Felony hit-and-run (injuries or death): Up to four years in state prison and $10,000 fine
If you were injured in a hit-and-run, a lawyer can help you identify the driver or pursue compensation through your own uninsured motorist coverage.
8. Compensation Available for Car Accident Victims in Santa Monica
If you were injured in a Santa Monica car accident, you may be entitled to recover damages such as:
Economic Damages
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Vehicle repair or replacement costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In cases involving gross negligence (e.g., drunk driving), courts may award punitive damages to punish the at-fault driver.
9. How a Santa Monica Car Accident Lawyer Can Help
Navigating the legal system after a car accident can be overwhelming. A Santa Monica car accident lawyer can:
- Investigate your accident and collect evidence
- Negotiate with insurance companies to maximize your settlement
- File a lawsuit if necessary
- Help you avoid common legal pitfalls
Many personal injury lawyers work on a contingency fee basis, meaning you pay nothing unless you win.
Final Thoughts: Protect Your Rights After a Car Accident
Understanding Santa Monica’s car accident laws can make a huge difference in the outcome of your claim. Don’t let insurance companies take advantage of you—a knowledgeable lawyer can help you recover the full compensation you deserve.
If you or a loved one has been injured in a Santa Monica car accident, Cohen Legal is ready to help. Contact us today for a free consultation.