California law requires every driver to use reasonable care while operating a motor vehicle. Failure to do so constitutes negligence.

Negligence is defined under CACI 400 (Negligence—Essential Factual Elements) as:

1. The defendant owed the plaintiff a duty of care;
2. The defendant breached that duty;
3. The plaintiff was harmed; and
4. The defendant’s negligence was a substantial factor in causing the harm.


In a car accident, this typically means a driver failed to act as a reasonably careful person would — by speeding, texting, running a red light, or failing to yield.

California follows the doctrine of comparative fault, meaning each party’s share of responsibility determines how damages are divided.

UnderCACI 405 (Comparative Fault), even if a plaintiff is partially at fault, they may still recover damages, reduced by their percentage of fault. For example, if you were 20% at fault and your total damages were $100,000, you could still recover $80,000.

This rule encourages fairness and ensures that one party’s partial mistake doesn’t bar recovery entirely.

Car accident claims can arise from numerous negligent acts, including:

• Distracted driving (texting, using GPS)
• Speeding or reckless driving
• Running stop signs or red lights
• Following too closely
• Failing to yield or signal
• Driving under the influence of alcohol or drugs
• Fatigued or drowsy driving

Negligence can also apply to vehicle owners, employers, and other third parties, as discussed below.

California recognizes liability not only for negligent drivers but also for those who permit negligent drivers to operate their vehicles.

Under CACI 724 (Negligent Entrustment of a Motor Vehicle), an owner may be liable if they:

1. Owned or controlled the vehicle;
2. Allowed another person to drive it;
3. Knew or should have known that the driver was unfit or incompetent; and
4. That driver’s negligence caused the accident.

Separately, California Vehicle Code §17150 (Permissive Use Doctrine) provides that vehicle owners are liable for the negligence of any person driving their vehicle with their permission, up to certain statutory limits.

Sometimes, a driver faces a sudden and unexpected situation that leaves no time for reflection or careful judgment—for example, a child running into the street or a sudden mechanical failure.

Under CACI 452 (Sudden Emergency Doctrine), a driver is not negligent if they acted as a reasonably careful person would have under the same emergency circumstances, so long as they did not cause the emergency themselves.

This defense is often raised by insurance companies to minimize liability, but courts examine whether the “emergency” truly left no reasonable alternative.

Many car accident cases involve shared responsibility.

Even if both drivers contributed to the collision, California’s pure comparative negligence system ensures recovery is still possible.

For instance, if one driver was speeding and another was distracted, both may share fault. A jury assigns each percentage of blame, and the damages are reduced accordingly.

This approach, codified through Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, promotes fairness in allocating damages based on true fault.

Most auto accident cases involve compensatory damages(for medical bills, lost wages, and pain and suffering). However, punitive damages may be available when the at-fault driver acted with malice, oppression, or fraud — such as driving under the influence or engaging inroad rage.

Under Civil Code §3294 and CACI 3949 (Punitive Damages), punitive damages punish particularly egregious behavior and deter others from similar conduct. Courts require clear and convincing evidence that the defendant’s actions demonstrated a conscious disregard for safety.

1. Ensure Safety and Call 911 – Report injuries and request medical help.
2. Exchange Information – Obtain driver’s license, insurance, and vehicle details.
3. Document Everything – Take photographs of the scene, vehicles, and injuries.
4. Seek Medical Attention – Even minor pain can signal serious internal injury.
5. Report to Insurance – Notify your insurer promptly but avoid recorded statements without counsel.
6. Contact an Attorney – Legal guidance ensures evidence is preserved and dead lines are met.

California requires all drivers to carry minimum liability insurance under Vehicle Code §16056. Claims typically proceed in one of two ways:

• Through the at-fault driver’s insurance (“third-party claim”)
• Through your own insurance (if you have MedPay or uninsured/underinsured motorist coverage)

Insurers often dispute liability or undervalue damages. Having legal representation can protect you from low settlements and ensure proper valuation of medical costs, lost earnings, and pain and suffering.

Some car accidents involve parties other than the drivers themselves, including:

• Employers (vicarious liability if employee was driving for work)
• Vehicle manufacturers (defective components or safety systems)
• Government entities (dangerous road conditions)
• Repair shops or mechanics (negligent maintenance)

Identifying all responsible parties can significantly increase recovery potential.

Under California Code of Civil Procedure §335.1, the statute of limitations for personal injury arising from a car accident is two years from the date of the collision.

If the defendant is a government entity, a Government Tort Claim must be filed within six months of the incident (Gov. Code §911.2).

Failing to file within these deadlines can bar your claim entirely.

Victims of car accidents may recover:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Property damage (vehicle repairs or replacement)
• Pain, suffering, and emotional distress
• Loss of consortium (for spouses)
• Punitive damages (in egregious cases)

There is no statutory cap on general damages in non-medical personal injury cases.

Key instructions often used in car accident trials include:

• CACI 400 – Negligence (basic duty of care)
• CACI 401 – Basic standard of care for drivers
• CACI 405 – Comparative fault of plaintiff
• CACI 411 – Liability for agents/employees
• CACI 452 – Sudden emergency doctrine
• CACI 724 – Negligent entrustment of motor vehicle
• CACI 3921 – Loss of consortium
• CACI 3949 – Punitive damages

These instructions guide juries in determining responsibility, causation, and damages.