Fault and evidence in California crashes

California injury cases are decided under principles of comparative fault. Fault is assigned as a percentage rather than as a simple yes or no, and when more than one defendant is responsible, each defendant's share of fault affects what that defendant owes (Civil Code 1431.2).

How fault is divided

Fault is argued from rules of the road and from what a reasonably careful driver would have done. Some of the Vehicle Code sections that come up most often:

• Vehicle Code 21703: do not follow another vehicle more closely than is reasonable and prudent (common in rear-end crashes).
• Vehicle Code 21801: a driver turning left must yield to oncoming traffic close enough to be a hazard.
• Vehicle Code 22350: the basic speed law, which bars driving faster than is reasonable or prudent for conditions even below the posted limit.

A violation of a traffic statute can be used to argue negligence: California presumes a lack of due care when a statute violation causes the kind of injury the statute was meant to prevent, though the presumption can be rebutted (Evidence Code 669). It is not the only way to prove negligence, and a driver who did not break a specific statute can still be found careless under the general duty of ordinary care (Civil Code 1714).

Shared fault and other defendants

When several parties are at fault, California treats economic damages (medical bills, lost earnings) and non-economic damages (pain, loss of enjoyment) differently. Each defendant is responsible for non-economic damages only in proportion to their own percentage of fault (Civil Code 1431.2), while liability for economic damages remains joint, so they may be recoverable in full from any liable defendant (Civil Code 1431). That is why identifying every possible responsible party early matters, including employers of on-duty drivers and public entities responsible for a dangerous road.

Evidence that tends to matter

• Photos and video of vehicle positions, skid marks, debris, signals and road conditions, taken before vehicles move when it is safe.
• Witness names and phone numbers. Independent witnesses are often more persuasive than the drivers.
• Nearby cameras. Businesses, transit and traffic cameras often overwrite footage in days or weeks.
• The collision report. It records the names of those involved, witnesses, diagrams and statements (Vehicle Code 20012).
• Vehicle data. Many cars record speed, braking and seatbelt use in the moments before impact, and the data can be overwritten once the car is repaired or sold.
• Medical records that connect your injuries to the crash from the first visit forward.

Statements about fault

Describe what happened factually, but do not guess about speed or speculate about blame at the scene or to an adjuster. Statements made early are often quoted later. Only the collision report and the physical evidence tend to hold steady.

Deadlines

Most California injury lawsuits must be filed within two years (Code of Civil Procedure 335.1). Claims against public entities follow a much shorter claim process, covered in the guide on freeway crashes.