This website provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and individual circumstances. If you have been injured, consult a licensed attorney in your state. This site is not affiliated with any law firm.
California's Pure Comparative Fault System
Navigating a personal injury claim in California requires understanding four foundational rules: who owes you a duty of care, how fault is allocated when both parties share responsibility, what the law requires you to file and when, and what compensation is actually available to you.
California follows pure comparative fault from Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). An injured person may recover damages regardless of their own fault percentage — recovery is reduced proportionally but never eliminated. A driver found 60% responsible for their own accident recovers 40% of total damages. This is the most plaintiff-favorable fault system in the country; 33 states bar recovery when the plaintiff reaches 50% or 51% fault.
Proposition 51 (Civil Code § 1431.2) modifies comparative fault for non-economic damages in multi-defendant cases: each defendant pays only their proportionate share of non-economic damages. Economic damages remain jointly and severally liable.
The Two-Year Statute of Limitations
California Code of Civil Procedure § 335.1 gives injured persons two years from the date of injury to file a personal injury lawsuit. This deadline is absolute — missing it results in permanent, unreviewable dismissal of the claim regardless of its merits. Key exceptions: medical malpractice claims operate under MICRA’s shorter framework; government entity claims require an administrative filing within six months under the Government Claims Act; and minor victims’ period is tolled until age 18 under § 352.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
California Insurance Requirements
Senate Bill 1107 (effective January 1, 2025) updated California’s minimum liability insurance requirements to $30,000 per person / $60,000 per accident for bodily injury and $15,000 for property damage under Vehicle Code § 16056. These minimums are frequently insufficient for serious injury. Uninsured motorist coverage under Insurance Code § 11580.2 provides recovery when the at-fault driver is uninsured or fled the scene — approximately 16–17% of California drivers carry no insurance.
What Damages Are Available in California
California Civil Code § 3333 provides that tort damages shall compensate for all detriment proximately caused by the defendant’s negligence. This includes past and future medical expenses, lost wages, lost earning capacity, property damage, and non-economic damages — pain and suffering, emotional distress, and loss of enjoyment of life. California does not cap damages in vehicle accident, premises liability, or product liability cases. MICRA caps non-economic damages only in medical malpractice cases ($470,000 for personal injury and $650,000 for wrongful death in 2026).
Punitive damages are available under Civil Code § 3294 when the defendant’s conduct shows malice, oppression, or fraud proved by clear and convincing evidence.
State-by-State Legal Overview
Personal injury law differs meaningfully between states. Key variables include the statute of limitations, comparative fault rules, damage caps, and insurance requirements. Browse our state-by-state guides →
How to Find the Right Attorney
This site provides general legal information — not legal services. If you need legal representation for your personal injury claim, these California State Bar-affiliated resources can help you find a licensed attorney in your area:
- California State Bar Referral Service — members.calbar.ca.gov/fal/Referral/Search — the official referral service of the State Bar of California, providing referrals to attorneys certified in personal injury law.
- Justia Lawyer Directory — lawyers.justia.com — searchable by practice area and state, with attorney profiles and contact information.
- Avvo Attorney Search — avvo.com — practice area and location search with attorney ratings, reviews, and disciplinary records.
California personal injury attorneys typically work on a contingency fee basis — meaning no fees are owed unless and until the case resolves in your favor. Contingency fees in California are governed by Business and Professions Code § 6147, which requires a written fee agreement specifying the percentage.
Select Your Situation
Each scenario involves different legal considerations under California and federal law. Choose the situation that best describes your accident for specific information.
Car Accident
California’s at-fault insurance system, pure comparative fault, and updated 2025 minimums define every vehicle accident claim. CVC violations establish negligence per se.
Car accident guide →Slip and Fall
Property owners owe a duty of ordinary care under Civil Code § 1714. Constructive notice through inspection failures and surveillance footage are the central evidence issues.
Slip and fall guide →Dog Bite
California Civil Code § 3342 imposes strict liability from the first bite. No prior bite history required. Owner liability attaches regardless of prior knowledge of viciousness.
Dog bite guide →Pedestrian Accident
CVC § 21950 yield duty, High Injury Network evidence for City infrastructure claims, and UM coverage for pedestrians struck by uninsured drivers.
Pedestrian accident guide →Motorcycle Accident
California is the only state to legalize lane splitting (CVC § 21658.1). The 2023 OmniBike Bill created new lane-change duty for drivers passing motorcyclists.
Motorcycle accident guide →Truck Accident
FMCSA hours-of-service limits, ELD data preservation demands, and multi-defendant carrier liability under respondeat superior define commercial truck accident cases.
Truck accident guide →Bicycle Accident
CVC § 22517 dooring liability, the three-foot passing rule, and the OmniBike Bill lane-change requirement protect cyclists on California roads.
Bicycle accident guide →Rideshare Accident
Uber and Lyft accidents involve a three-phase insurance framework under PUC § 5433. Coverage varies by which app phase was active at the time of the collision.
Rideshare accident guide →Hit and Run
California UM coverage under Insurance Code § 11580.2, physical contact requirement, and 24-hour law enforcement notification are required for hit-and-run claims.
Hit and run guide →Workplace Accident
Workers’ comp exclusivity under Labor Code § 3600, third-party civil claims under § 3852, and the interplay between both systems when a third party caused the injury.
Workplace accident guide →DUI Accident
Civil Code § 3294 punitive damages and the malice theory from Taylor v. Superior Court apply when a driver with prior convictions caused injury while intoxicated.
DUI accident guide →Wrongful Death
CCP § 377.60 standing, survival actions under § 377.30, one-action rule, and how MICRA applies specifically to wrongful death medical malpractice cases.
Wrongful death guide →Medical Malpractice
MICRA caps non-economic damages at $470K for personal injury in 2026. The SOL is one year from discovery or three years from the act, whichever is earlier.
Medical malpractice guide →Product Liability
Greenman v. Yuba Power Products strict liability applies to all distribution chain members. Manufacturing, design, and warning defects are the three product liability theories.
Product liability guide →Premises Liability
Civil Code § 1714 and Rowland v. Christian impose a unified duty of care to all visitors. Inadequate security, pool accidents, and construction site injuries are all covered.
Premises liability guide →Burn Injury
Burn injury claims proceed under negligence, product liability, or premises liability depending on cause. Reconstruction surgery costs and scarring dominate non-economic damages.
Burn injury guide →Brain Injury
TBI cases require neuropsychological evaluation, life care planning expert testimony, and specialized causation analysis. California imposes no damage cap in non-malpractice TBI cases.
Brain injury guide →Spinal Cord Injury
Complete and incomplete SCI cases involve multi-million dollar life care plans, ASIA classification, structured settlement considerations, and specialized expert testimony.
Spinal cord injury guide →Frequently Asked Questions
General answers to the questions injured people ask most. These are educational — your specific situation requires a licensed attorney.
California Code of Civil Procedure § 335.1 provides a two-year statute of limitations from the date of injury for most personal injury claims. Medical malpractice claims have a shorter period under MICRA (one year from discovery or three years from the act). Claims against government entities require an administrative claim within six months. Missing the applicable deadline results in permanent, unrecoverable loss of the claim.
Yes. California’s pure comparative fault system from Li v. Yellow Cab Co. (1975) permits recovery regardless of the plaintiff’s fault percentage. Recovery is reduced by the plaintiff’s assigned fault percentage but is never eliminated. A driver found 60% at fault recovers 40% of total damages.
As of January 1, 2025, California Vehicle Code § 16056 (updated by Senate Bill 1107) requires $30,000 per person / $60,000 per accident for bodily injury and $15,000 for property damage. These are the first updated minimums since 1967 and remain insufficient for serious injury claims.
California imposes no cap on damages in vehicle accident, premises liability, or product liability cases. The Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $470,000 for personal injury and $650,000 for wrongful death in 2026. MICRA does not apply to non-malpractice personal injury claims.
California’s Government Claims Act (Government Code § 910 et seq.) requires an injured person to present a written administrative claim to a government entity within six months of the injury before filing a lawsuit. It applies whenever a government entity — city, county, state agency, school district, or public employee in their official capacity — may be responsible for the injury. Missing the six-month deadline permanently bars any lawsuit against the government entity.
Seek medical evaluation the same day, call 911 for injury accidents, photograph the scene before anything moves, collect the other party’s complete insurance information, and identify any government entity involvement. File the DMV SR-1 within 10 days for any accident involving injury or damage over $1,000. Do not provide recorded statements to the adverse insurer.
California Insurance Code § 11580.2 requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage with every policy. UM coverage pays for damages caused by drivers with no insurance; UIM coverage pays when the at-fault driver’s policy limits are insufficient to cover the damages. The coverage follows the person — pedestrians and cyclists with UM/UIM coverage on their auto policy can access that coverage even when not in a vehicle.
Most California personal injury attorneys handle cases on a contingency fee basis — no fee is owed unless the case resolves in your favor. Business and Professions Code § 6147 requires a written contingency fee agreement specifying the percentage. Typical California personal injury contingency fees range from 33% to 40% of the net recovery, depending on whether the case resolves before or after filing suit.
California’s pure comparative fault system from Li v. Yellow Cab Co. (1975) allows injured people to recover damages regardless of their own fault percentage. Recovery is reduced by their fault percentage but never eliminated. This is the most plaintiff-favorable fault system in the country — 33 states bar recovery when the plaintiff reaches 50% or 51% fault. In California, even a plaintiff found 90% at fault recovers 10% of their damages.
Free Legal Reference Tools
Educational tools to help you understand deadlines, next steps, and the legal process. Not a substitute for legal advice.
Statute of Limitations Reference
Look up the general filing window for personal injury claims in any state. Includes exceptions and tolling rules.
Post-Accident Checklist
A step-by-step checklist of what to do in the hours and days after a collision. Print or save to your phone.
Claim Stage Tracker
Understand where you are in the insurance claim and litigation process, and what typically comes next.
Find a Licensed Attorney in Your State
This site provides legal information, not legal services. To find a licensed attorney who handles accident injuries cases in your state, use one of these verified directories.