What Are My Legal Rights After a Car Accident in California? - HHJ Trial Attorneys
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What Are The Legal Rights After a Car Accident in California?

low speed collisions | Car Accident Lawyer San Diego
Founding partner of HHJ Trial Attorneys Elliott Jung black and white portrait

Gerry Spence Trial Lawyers College

Adam copy

University of California, Berkeley

Updated: May 2, 2025

HHJ Trial Attorney’s content follows strict guidelines for editorial accuracy and integrity. Learn more about our editorial guidelines .

low speed collisions | Car Accident Lawyer San Diego
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A car accident can leave victims feeling overwhelmed and uncertain about what steps to take next. From physical injuries and emotional trauma to mounting medical bills and insurance headaches, the aftermath of a crash can be deeply stressful. At HHJ Trial Attorneys, we understand how confusing this time can be. That’s why it’s crucial to understand your legal rights after a car accident in California—so you can protect your health, your finances, and your future.

The Right to File a Personal Injury Claim

If you’ve been injured in a car accident due to someone else’s negligence, one of your primary legal rights is the ability to file a personal injury claim. California is an at-fault state, which means that the person responsible for causing the accident is also financially responsible for damages. These damages can include medical expenses, lost wages, pain and suffering, and property damage. To pursue compensation, you typically must file a claim with the at-fault driver’s insurance company or file a personal injury lawsuit in civil court.

At HHJ Trial Attorneys, we help our clients navigate this process efficiently and aggressively, ensuring that all legal filings are handled correctly and that insurance companies don’t take advantage of your situation.

The Right to Medical Treatment and Reimbursement

After a crash, you have the right to seek immediate and ongoing medical care for any injuries sustained in the accident. Even if you don’t feel hurt at first, it’s important to be examined by a medical professional, as some injuries may not become apparent until days later. Keep records of all medical visits, prescriptions, treatments, and expenses.

You also have the right to be reimbursed for these medical expenses by the at-fault party. In addition to treatment costs, you may also be eligible to receive compensation for future medical care, physical therapy, or long-term rehabilitation if your injuries are serious.

The Right to Remain Silent and Consult an Attorney

Many accident victims are unaware that they are not required to give a recorded statement to the other driver’s insurance company. In fact, doing so without legal counsel may negatively impact your claim. Insurance adjusters are trained to minimize payouts and may use your statements against you later.

You have the right to consult with an attorney before speaking to any insurance representatives. At HHJ Trial Attorneys, we advise clients not to engage with opposing insurers directly and allow us to communicate on their behalf to protect their legal interests.

The Right to Compensation for Non-Economic Damages

Beyond medical bills and property repairs, California law allows accident victims to pursue compensation for non-economic damages. These include pain and suffering, emotional distress, loss of enjoyment of life, and even post-traumatic stress disorder (PTSD). Calculating the value of these damages can be complex, but they are a vital component of many personal injury cases.

Our legal team at HHJ Trial Attorneys has experience working with medical professionals and accident reconstruction experts to build a complete picture of how an accident has affected our clients’ lives—both physically and emotionally.

The Right to File a Wrongful Death Claim

If you have lost a loved one due to a fatal car accident caused by another person’s negligence, California law gives surviving family members the right to file a wrongful death claim. These claims can help recover damages for funeral expenses, lost financial support, emotional suffering, and loss of companionship.

Our compassionate attorneys are here to guide families through this incredibly difficult process, ensuring justice is pursued with the utmost respect and diligence.

The Right to a Fair Investigation and Due Process

Every accident victim in California is entitled to a thorough investigation of the crash. This includes the right to access police reports, gather witness statements, review traffic camera footage if available, and obtain an accurate assessment of vehicle damage.

If you choose to file a lawsuit, you also have the right to a fair trial. At HHJ Trial Attorneys, we work tirelessly to investigate every case we handle, ensuring that the facts are presented clearly and that your rights are upheld every step of the way—whether your case settles or goes to court.

Understanding Comparative Fault in California

One critical aspect of California car accident law is the state’s “pure comparative fault” rule. This means that even if you were partially at fault for the accident, you may still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% responsible, your final compensation award would be reduced by 20%.

Because of this, insurance companies often try to assign a higher percentage of blame to injury victims to reduce payouts. At HHJ Trial Attorneys, we are skilled at pushing back against these tactics to make sure our clients receive the compensation they truly deserve.

Time Limits for Filing a Claim in California

Another essential legal right involves your ability to take action within a specified time frame. In California, the statute of limitations for most car accident-related personal injury claims is two years from the date of the accident. For property damage, it’s three years. Failing to file within this period may result in losing your right to seek compensation altogether.

Working with an experienced attorney early on ensures that you don’t miss critical deadlines and that your case remains strong from the start.

Let HHJ Trial Attorneys Protect Your Rights After a Car Accident

Understanding your legal rights is the first step toward recovery after a car accident. At HHJ Trial Attorneys, we are dedicated to helping victims across California hold negligent drivers accountable. From negotiating with insurers to representing you in court, our legal team is committed to securing the justice and compensation you deserve.

If you or a loved one has been injured in a car accident, don’t wait. Contact HHJ Trial Attorneys today for a free consultation and let us help you take back control of your future.

professional attorney and founding partner of HHJ Elliott Jung
Elliot H. Jung

Gerry Spence Trial Lawyers College

Elliot H. Jung is a trial attorney at HHJ Trial Attorneys who focuses on helping injured clients navigate complex personal injury cases. With an emphasis on advocacy, case strategy, and client support, he works to secure fair outcomes for people facing medical bills, lost wages, and other accident-related losses. His approach combines legal experience with a commitment to clear communication and effective representation.

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