Accident Lawyers

What Does a California Accident Lawyer Do?

A California accident lawyer investigates the incident, determines who may be legally responsible, identifies available insurance, evaluates the connection between the accident and the injuries, and documents the client’s financial and personal losses.

That work may involve photographs, videos, police reports, medical records, witnesses, vehicle data, insurance policies, commercial records, rideshare data, or accident reconstruction evidence.

Additionally, an attorney can communicate with insurers, evaluate settlement proposals, and file a lawsuit when litigation becomes necessary.

If you want a deeper explanation of the attorney’s role during an injury claim, our guide to what a car accident lawyer does explains how legal representation can assist from investigation through resolution.

What Types of Accident Cases Does The Sterling Firm Handle?

Vehicle-related injury claims can arise in many different ways. The Sterling Firm can evaluate California claims involving:

• Car accidents
• Multi-vehicle collisions
• Commercial truck accidents
• Motorcycle crashes
• Bicycle accidents
• Pedestrian accidents
• Electric scooter injuries
• Uber and Lyft accidents
• Delivery-driver collisions
• Commercial vehicle accidents
• Hit-and-run crashes
• Uninsured drivers
• Underinsured motorists

Each type of accident can raise different legal issues.

For example, a pedestrian claim may involve driver visibility, speed, crosswalk rules, and roadway conditions. Meanwhile, a bicycle accident can involve lane position, turning movements, bike-lane conditions, or passing distance.

Scooter cases can become even more complicated. Depending on what happened, potential responsibility may involve a driver, scooter rider, rental company, manufacturer, property owner, or government entity. Therefore, identifying every potentially responsible party can be an important part of the investigation.

When an accident causes catastrophic spinal cord damage or loss of movement, additional medical, future-care, and damages issues may arise. If this applies to your situation, see our paralysis attorney resource for more information about claims involving paralysis and serious neurological injuries.

How Is Fault Determined Under California Accident Law?

Most California accident claims depend on negligence.

Negligence means that a person or entity failed to use reasonable care and that failure caused another person’s injury.

California Civil Code § 1714 establishes California’s general rule concerning responsibility for injuries caused by a lack of ordinary care.

Depending on the accident, negligence may involve:

• Speeding
• Distracted driving
• Unsafe lane changes
• Following too closely
• Failing to yield
• Running a red light
• Driving while impaired
• Unsafe commercial vehicle operation
• Negligent vehicle maintenance
• Dangerous property or roadway conditions

However, establishing that someone violated a rule is only part of the analysis. The evidence must also connect that conduct to the collision and the resulting injury.

Can You Recover If You Were Partly Responsible?

Yes. California follows pure comparative negligence.

Under California comparative fault principles, responsibility may be allocated among the people or entities that contributed to an accident. Therefore, an injured person’s own share of responsibility does not automatically prevent a recovery.

For example, if an injured person shares some responsibility for a collision, compensation may be reduced according to that person’s percentage of fault.

Consequently, disputed fault makes evidence especially important. Photos, witness statements, traffic-camera footage, vehicle damage, electronic data, road conditions, and accident reconstruction may help establish how responsibility should be allocated.

Insurance Coverage Can Determine the Practical Value of a Claim

Proving fault does not necessarily identify every available source of compensation. A California accident lawyer should also determine which insurance policies may apply.

Potential coverage can include:

• The responsible driver’s liability insurance
• An employer’s commercial policy
• Trucking-company insurance
• Rideshare insurance
• Additional responsible parties’ policies
• Uninsured motorist coverage
• Underinsured motorist coverage

For automobile policies issued or renewed on or after January 1, 2025, California Vehicle Code § 16056 generally requires at least $30,000 for bodily injury or death to one person, $60,000 for bodily injury or death to two or more people, and $15,000 for property damage.

Serious injuries can exceed those limits. Consequently, identifying other insurance policies can become a major part of the claim.

What Happens If the Other Driver Has No Insurance?

Uninsured motorist coverage may provide another source of recovery when the responsible driver lacks applicable liability insurance.

Underinsured motorist coverage addresses a different problem. In that situation, the responsible driver has insurance, but the available liability coverage is insufficient in relation to the injured person’s applicable UM/UIM coverage.

California Insurance Code § 11580.2 governs important aspects of uninsured and underinsured motorist coverage. It also contains special requirements for certain accidents involving unknown hit-and-run drivers.

Therefore, policy review should occur early rather than only after a liability claim fails.

Why Medical Causation Matters in an Accident Claim

An injured person must prove more than the fact that a collision occurred. The claim must also establish that the accident caused or aggravated the injuries for which compensation is sought.

The mechanism of injury can become important. This refers to how a person’s body moved during the collision and whether the forces involved are medically consistent with the claimed injuries.

For example, relevant evidence may include:

• Emergency medical records
• Diagnostic imaging
• Treating physician records
• Prior medical records
• Photographs of vehicle damage
• Accident reconstruction evidence
• Medical testimony

Clear medical documentation can become particularly important when an insurer argues that symptoms are unrelated to the collision.

What If You Had a Prior Injury?

A preexisting injury does not automatically prevent compensation. Instead, the legal and medical question may be whether the accident aggravated an existing condition or caused additional harm.

Therefore, prior medical problems should usually be addressed directly rather than hidden. Comparing pre-accident and post-accident records may help distinguish the earlier condition from new symptoms, increased pain, functional limitations, or additional treatment caused by the accident.

What Compensation May Be Available After a California Accident?

Compensation depends on the facts and the losses caused by the injury.

Potential economic damages may include:

• Medical expenses
• Future medical treatment
• Rehabilitation
• Lost earnings
• Reduced earning capacity
• Property damage
• Reasonable accident-related expenses

Potential non-economic damages may include:

• Physical pain
• Emotional distress
• Inconvenience
• Loss of enjoyment of life
• Other legally compensable personal harm

For a broader explanation of the losses that may be recoverable in an injury case, you can review our guide to personal injury damages in California.

However, no responsible California accident law firm can determine case value from the accident type alone. Liability, medical evidence, injury severity, future care, comparative fault, insurance limits, and other facts can all affect the outcome.

If you want additional guidance about the factors that may affect financial recovery after a collision, our resource on maximum compensation for a car accident claim explains how damages, evidence, insurance, and case-specific circumstances can influence compensation.

What Evidence Should You Preserve?

Evidence can disappear quickly after an accident. Therefore, when possible, preserve:

• Photographs and video
• Driver and insurance information
• Witness contact details
• Police or collision reports
• Medical records
• Damaged vehicles, bicycles, or equipment
• Dashcam or surveillance footage
• Receipts and expense records
• Wage-loss documentation
• Insurance correspondence

Commercial and rideshare cases may require additional records involving employment, vehicle maintenance, electronic logging, app activity, or company communications.

Early investigation can matter because vehicles get repaired, physical conditions change, witnesses become harder to locate, and digital evidence may no longer remain available.

If you are unsure what actions to take after a collision, our step-by-step guide on what to do after a car accident explains practical steps for protecting your health, evidence, and potential claim.

How Long Do You Have to File an Accident Claim in California?

California Code of Civil Procedure § 335.1 generally provides two years for an action involving personal injury or death caused by another person’s wrongful act or neglect.

However, that is not a universal deadline.

Claims involving public entities can require much earlier action. California Government Code § 911.2 generally requires certain claims involving injury or death to be presented to the public entity within six months after accrual.

Other rules, exceptions, and claim-specific deadlines can also affect the amount of time available. Therefore, injured people should not assume that every California accident case has the same filing period.

Why Hire The Sterling Firm?

The Sterling Firm approaches California accident cases by focusing on the questions that can determine the strength of a claim:

• Who was responsible?
• What evidence proves it?
• Did the accident cause or worsen the injuries?
• Which insurance policies apply?
• What losses can be documented?
• Is settlement appropriate, or does the case require litigation?

This approach matters because a seemingly simple accident may involve multiple drivers, employer liability, commercial insurance, rideshare coverage, defective equipment, uninsured motorists, or public property.

The Sterling Firm represents accident victims throughout California and handles personal injury matters on a contingency fee basis under a written attorney-client agreement.

Call or text (310) 498-2750 for a free personal injury case evaluation.

Frequently Asked Questions About California Accident Claims

How much does a California accident lawyer cost?

Personal injury lawyers commonly use contingency fees. The Sterling Firm handles personal injury matters on a contingency basis, which means attorney fees depend on a recovery and the terms of the written representation agreement.

Do I need a California lawyer if the insurance company accepts fault?

Possibly. Accepting liability does not resolve questions about medical causation, damages, future treatment, policy limits, or other available insurance. A serious injury may justify legal review even when fault appears clear.

Can multiple people be responsible for the same accident?

Yes. California’s comparative-fault system allows responsibility to be divided among multiple parties. A multi-vehicle collision, commercial accident, or roadway case may require investigation of several potential defendants.

What if I was a pedestrian, bicyclist, or scooter rider?

You may still have a claim if another person’s negligence caused your injuries. However, the traffic rules, insurance issues, responsible parties, and available evidence can differ from an ordinary car accident.

Does a preexisting condition destroy my accident claim?

No. The relevant issue may be whether the accident aggravated the condition or caused additional injury. Prior and post-accident medical evidence can help establish that difference.