Most San Francisco residents own a vehicle and nearly half a million automobiles drive our streets daily. Not surprisingly, there are almost 3,000 San Francisco car accidents each year. Last year, twenty-six people in this city were killed in a car accident.
Some of the most dangerous intersections in California are found in San Francisco. The intersections at 5th Street and Market Street, Market Street at Octavia, and Mission Street at Van Ness Avenue are notorious hotspots for serious car accidents.
When you have been injured in a San Francisco car accident, you are likely feeling stressed, worried, and overwhelmed. We understand that the medical bills are piling up and you may not be able to work and provide for your family while recovering from your injuries.
If your accident was caused, even partially, by the negligence of another party, you have the right to seek compensation for your damages. You need an experienced San Francisco car accident attorney with a proven record of success to help you recover the maximum compensation possible.
At Jacoby & Meyers Injury Lawyers, our San Francisco personal injury lawyers have been protecting the rights of accident victims for over 50 years. We have recovered more than $2 billion in settlements and awards, so we know how to win big for our clients.
If a car accident has caused challenges in your life, do not face them alone. Call Jacoby & Meyers Injury Lawyers at (415) 855-4289 or visit our contact page today to schedule a free consultation.
We will listen to your story, answer your questions, explain your rights, and help you take the next steps toward recovering full compensation for your injuries.
Important California Car Accident Laws
If you are injured in a car accident in San Francisco, you must be aware of several important laws. You need to know your deadline for filing a claim, how being partially at fault impacts your rights, how to prove your claim, and more.
Your experienced San Francisco car accident attorney can advise you on these laws and how they apply to your case.
Statute of Limitations and Exceptions
One of the most important San Francisco car accident laws to understand is the statute of limitations for personal injury claims. This rule sets the deadline for filing your claim for damages.
Under California law, you have two years to file a claim for personal injury or wrongful death caused by another person’s negligence or wrongdoing. If you miss your deadline, you will not be able to recover your damages.
However, there are a few exceptions to the two-year rule.
- If the defendant in your case is a government entity, you have a much shorter deadline for filing a claim. Any claim against a government or government employee follows the rules set forth under the California Tort Claims Act. San Francisco even has a designated form for filing against the city and there is a special process for pursuing your recovery.
- If the defendant is a minor or temporarily lacks capacity, or left the state after the accident but before you could file a claim, the statute of limitations may be tolled temporarily.
- Additionally, if the defendant is in prison, or if there is a reasonable delay in the discovery of an injury, you may have extended time to file.
You must consult with an experienced San Francisco car accident attorney to determine the deadline for filing your claim.
You may be wondering when the clock begins to run on your deadline to file a claim after a car accident in San Francisco.
Usually, the statute of limitations period begins to run on the day of the car accident. So you must generally file your claim within two years from the date of your accident.
However, if the car accident resulted in death, the loved ones of the deceased may bring a wrongful death claim. In a wrongful death claim, the statute of limitations begins on the date of death, not on the date of the accident that caused the death.
California Negligence Laws
Unlike most other states, California follows a pure comparative negligence rule. This rule recognizes that two or more parties could be partially at fault.
For example, if a driver runs a stop sign but the other driver was speeding when they struck the first driver, they may both be found partially responsible. Under this rule, each party found to have some fault in the accident is liable for their percentage of fault to the other party.
Most states follow a modified comparative rule that bars a party from recovering any damages if their fault is above a certain threshold. In many states, the threshold is between 49% and 51%. In these states, if your level of assigned fault is greater than that percentage, you can not seek recovery for your injuries.
This is not true in California. In our state, if you are partially at fault in the accident, you can still recover compensation for your damages from the other at-fault parties. This is true even if you were 99% at fault.
However, your compensation will be reduced by the percentage of fault assigned to you. So, if you were found to be 20% at fault in the accident, your compensation will be reduced by 20%. For example, if the compensation award is $100,00, you would receive $80,000 because your percentage of assignment of fault (20%) was deducted from the total award.
You need a skillful San Francisco car accident attorney representing you when fault is being assigned. The dedicated attorneys at Jacoby & Meyers Injury Lawyers have a deep understanding of California car accident laws and the tactics used by insurance companies to try and blame accident victims to avoid or reduce the amount they have to pay.
We work tirelessly to build your strongest possible case and we know how to effectively minimize fault and maximize compensation for our clients.
California is a Fault State For Car Accidents
Sometimes clients ask whether California is a no-fault or fault state for accidents. The answer is that California is a fault state.
Some states are considered “no-fault” states. In these states, drivers purchase their own Personal Injury Protection (PIP) from their insurance provider. New York and Florida are examples of no-fault states.
After an accident in these states, a car accident victim would contact their PIP insurer to recover payment of reasonable medical expenses and some of their lost wages.
On the other hand, states like California hold the responsible parties liable for the damages caused by an accident. In these states, a car accident victim would file a claim against the at-fault party to recover damages. The at-fault party’s insurance company would then be responsible for paying the damages caused by its insured customer.
California Insurance Requirements
California law requires car owners to have a minimum level of insurance coverage for accidents. Currently, the California Insurance Code mandates a minimum coverage of 15/30/5. This means that each vehicle owner must provide insurance coverage of at least:
- $15,000 for the injury or death of one person
- $30,000 for the injury or death of two or more people
- $5,000 for property damage
As you can imagine, these minimum requirements are often inadequate to compensate a personal injury victim for their damages.
If you sustained injuries greater than the amount of the at-fault party’s insurance coverage, you may file suit against that party individually for any amount not covered by insurance.
California law also requires insurance companies to offer their customers uninsured motorist bodily injury and underinsured motorist coverage. Having these types of coverage helps protect you when the at-fault driver does not have insurance or does not have enough coverage for the damages caused.
Many vehicle owners purchase supplemental insurance coverage to protect against this situation. Some additional types of coverage include:
- Comprehensive coverage
- Collision coverage
- Increased liability coverage
- Coverage for medical payments
A dedicated San Francisco car accident attorney will leave no stone unturned when investigating all potentially liable parties and sources of compensation for their client’s damages.
California Parental Responsibility in Car Accidents
If you were injured in a San Francisco car accident caused by an underage driver, the teen’s parents or guardian may be liable for your damages. Under California Vehicle Code Section 17707, the person who signed and verified the minor’s application for a license can be held jointly and severally liable for damages caused by the minor’s negligence or wrongful act in a car accident.
Section 17708 of the California Vehicle Code also holds parents potentially liable for all foreseeable damages when they give permission for a minor to drive a vehicle and the minor causes an accident.
There is no cap on a parent’s financial responsibility in car accident claims. A parent or guardian can be jointly liable for any damages resulting from the accident. This includes both economic damages, such as actual expenses incurred, and noneconomic damages such as pain and suffering.
Required Actions After a San Francisco Car Accident
California law requires drivers to take certain actions after a car crashes. These include:
- Stop at the scene of any car accident.
- Move your vehicle off the street or highway if no one is killed or injured
- Pull over and stop if you injure or kill an animal
- If you hit a parked car, you are obligated to try and find the owner or leave a note on the vehicle with your contact information and also report the accident to the police or California Highway Patrol.
- If anyone is hurt or killed and the police do not come to the scene, the drivers must report the crash in writing to the local police or California Highway Patrol.
- You must complete the Report of Traffic Accident Occurring in California, known as the SR 1 Form, and submit it to the Department of Motor Vehicles within ten days of an accident if anyone was even slightly hurt or if more than $1,000 of damage was caused by the crash.
How is Fault Determined in California?
Determining who is at fault in a San Francisco car accident depends on the facts of the case. It requires a careful investigation of the accident to determine how a party may have been negligent or reckless. All actions are measured against how a reasonably prudent person would drive.
Reasonably prudent drivers drive cautiously and obey traffic laws. Examples of negligence or wrongdoing, and therefore fault, in a car accident could include:
- Driving under the influence of alcohol or drugs
- Speeding
- Distracted driving, such as texting, adjusting the radio, or eating
- Tailgating, recklessly changing lanes, and other aggressive driving
- Not keeping a proper lookout
- Disobeying traffic laws or signals
Important evidence must be gathered and preserved as soon as possible to support your claim.
A skillful San Francisco car accident attorney will thoroughly investigate your accident to determine all potential causes and liable parties to build your best case so you can recover every dollar you are entitled to.
Recoverable Damages After a San Francisco Car Accident
In California, you may be able to recover three types of damages after a car accident. They are Economic, Non-Economic, and Punitive Damages.
- Economic damages are easier to value and calculate. They include things such as medical bills, lost wages, vehicle damage, and out-of-pocket expenses incurred because of the accident.
- Non-economic damages are not as easily quantified. They include pain and suffering, emotional distress, loss of consortium, and similar damages.
- Punitive damages are rarely awarded. However, if a California plaintiff can prove by clear and convincing evidence that the defendant is guilty of oppression, fraud, or malice, they may be awarded punitive damages.
Economic and non-economic damages are intended to compensate the accident victim for their losses. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future.
Contact a San Francisco Car Accident Attorney Today
If you have been injured in a car accident in San Francisco, you deserve to be represented by an experienced, dedicated San Francisco car accident attorney. At Jacoby & Meyers, our attorneys have a proven track record of recovering maximum compensation for our car accident clients.
If we represent you, we will fight tirelessly to protect your rights and get you the full compensation you are owed. Let us help you.
Call us at (415) 855-4289 or go to our contact page now, and schedule a free consultation.
Call or text 888-522-6291 or complete a Free Case Evaluation form