Motor-vehicle work overlaps with auto, truck, motorcycle, and rideshare practices. Below are the related claim types and city-specific pages.
Talk to one of our attorneys: Cameron Yadidi Brock · Artin Fiterz, Esq. · Greg Diarian · Craig D. Rackohn · Lena G. Karaminassian · Isaac Radnia
California gives crash victims more leverage than most states. Five rights matter most:
The Other Driver. The obvious one. Their bodily injury policy pays first, up to its limits.
The Vehicle Owner. Under Veh Code §17150, an owner who lent the car is on the hook up to $15K/$30K. Second policy, second pocket.
The Employer. If the at-fault driver was running an errand for work, respondeat superior puts the employer’s commercial policy in play. Limits run $1M to $5M for most California businesses.
The Manufacturer. Defective tires (Firestone, Cooper), defective airbags (Takata), defective ignition switches (GM), defective autopilot (Tesla). Strict liability under Greenman v. Yuba Power Products.
The Government Entity. Caltrans for a freeway defect. The county for a county road. The city for a city street. Six-month claim deadline under Gov. Code §911.2. Miss it and you’re done.
A Bar or Restaurant. Dram-shop liability is narrow in California (Bus. & Prof. Code §25602.1), but it survives when a licensee served a habitual drunkard or an obviously intoxicated minor.
A Vehicle Maintenance Company. The shop that did the brake job two weeks before the crash. The dealer who skipped the recall notice. The fleet management company that signed off on bald tires.
The Rideshare Platform. Uber and Lyft carry the policy. Period 1 (app on, no ride): $50K/$100K contingent. Period 2 (en route): $1M. Period 3 (passenger in car): $1M. We file directly against the platforms when the driver’s personal coverage denies.
Motor vehicle liability rests on Civil Code section 1714's general duty of care and on the rules of the road in the California Vehicle Code. Frequently cited provisions include CVC section 22350 (basic speed law), CVC section 21703 (following too closely), CVC section 21801 (left turns and yielding), and CVC section 23123 (handheld cell phone use). The Vehicle Code is searchable at leginfo.legislature.ca.gov.
Adult plaintiffs have two years to file suit under Code of Civil Procedure section 335.1; property-damage claims have three years under section 338. Public-entity claims require a six-month government claim under Gov. Code section 911.2. Mandatory liability minimums are fixed by Insurance Code section 11580.1b, and Insurance Code section 11580.2 governs uninsured and underinsured motorist coverage. Civil Code section 1431.2 (Proposition 51) limits joint liability for non-economic damages to each defendant's percentage of fault.
Recovery of past medical expenses is capped by Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, which restricts the plaintiff to amounts actually paid by health insurance rather than amounts originally billed. Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 created a path for plaintiffs treating outside insurance to introduce reasonable-value evidence. The interaction of these decisions with health-plan liens drives much of the settlement math in motor vehicle cases.
Comparative fault is governed by Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, replacing contributory negligence with pure comparative fault. Vehicle design defects that contribute to crashworthiness or rollover injuries are analyzed under Soule v. General Motors Corp. (1994) 8 Cal.4th 548, using consumer expectation or risk-benefit testing depending on the complexity of the design. Confirm each citation at Justia California Case Law and read statutes at leginfo.legislature.ca.gov.
Adult plaintiffs have two years from the crash to file a personal injury lawsuit under California Code of Civil Procedure section 335.1. Property-damage-only claims have three years under section 338. If a public entity is involved, a written claim must be presented within six months under Government Code section 911.2, and suit must follow within six months of rejection. Minor plaintiffs generally have until two years after their 18th birthday. These deadlines are jurisdictional, and missing them typically eliminates the right to recover.
Yes, when the road defect contributed to the crash. Claims against the city, county, or Caltrans require a six-month government claim under Government Code section 911.2 and proof that the entity had notice of the dangerous condition. Common road-defect cases involve missing signage, defective shoulders, water on the roadway, and inadequate lighting. Claims against private property owners whose driveways or landscaping obscured sightlines proceed under standard negligence rules. Documentation through photographs, prior repair records, and prior-incident reports is essential.
Insurance Code section 11580.1b sets the mandatory minimums at $15,000 per person and $30,000 per accident for bodily injury, plus $5,000 for property damage. These limits are widely considered too low for serious injuries, which is why many crash victims must rely on their own underinsured motorist coverage to fully recover. Commercial drivers and rideshare drivers have higher mandatory minimums under separate statutes. Households with multiple vehicles often have stacked policies that can be triggered together up to the policy aggregate.
Photographs of vehicle damage, the resting positions of the vehicles, skid marks, traffic controls, and any visible injuries are critical. Names and contact information for all drivers, passengers, and witnesses should be captured before the scene clears. The CHP or local police report is generally available three to seven business days later and supplies the official narrative and party identification. Medical attention should follow promptly, both for health and to create a contemporaneous record linking injuries to the crash.
Under Li v. Yellow Cab Co., California applies pure comparative fault. The fact-finder assigns each party a percentage of responsibility, and the plaintiff's recovery is reduced by their share. Even a plaintiff found 80 percent responsible can recover the remaining 20 percent. Carriers and juries weigh police-report findings, witness statements, vehicle damage patterns, and expert reconstruction. Civil Code section 1431.2 limits a defendant's joint liability for non-economic damages to their percentage of fault, so several-fault analysis matters in multi-defendant cases.
Yes, but only when the plaintiff shows malice, oppression, or fraud by clear and convincing evidence under Civil Code section 3294. The most common path is a drunk-driving crash, where Taylor v. Superior Court held that conscious disregard for the safety of others can support punitive damages. Punitive damages are also available in extreme reckless-driving cases, deliberate hit-and-run, and street-racing crashes. They are not available against public entities or against most insurance proceeds, which limits their practical reach in many cases.
Commercial vehicle cases involve higher policy limits, often $1 million or more, and additional claims for negligent hiring, supervision, retention, and entrustment under Diaz v. Carcamo. Federal and state regulations governing commercial drivers, such as hours-of-service and pre-trip inspection rules, supply additional negligence-per-se theories. Preservation of the carrier's electronic logging device data, dispatch records, and dashcam video is critical and requires immediate legal letters. Settlements in commercial cases tend to be larger but require more aggressive discovery.
Passengers can sue any negligent driver, including the driver of the vehicle they were riding in. Family-member exclusions in personal auto policies historically barred household passenger claims, but California has narrowed those exclusions, and most modern policies cover the claim. Where the driver is uninsured or underinsured, the passenger can typically claim under their own household UM/UIM coverage. Passenger cases rarely involve comparative fault unless the passenger interfered with the driver, distracted them, or knowingly rode with an impaired driver.
Bystander recovery is available under Thing v. La Chusa when the plaintiff was present at the scene, was aware the injury was being inflicted on a close family member, and suffered serious emotional distress. Direct-victim claims for negligent infliction of emotional distress generally require an underlying physical injury or impact in motor vehicle cases. Emotional distress as a component of a physical-injury case, including post-traumatic stress, anxiety, depression, and sleep disturbance, is fully recoverable as part of pain and suffering.
Generally no without legal review. Blanket medical releases give the carrier access to records far beyond the injuries at issue and frequently surface unrelated prior conditions used to attack causation. A targeted release covering only treatment for the crash injuries, limited in time and provider, is the appropriate response. Authorizations under California's Confidentiality of Medical Information Act must be specific. Once a lawsuit is filed, formal discovery rules supersede informal authorizations and provide better protection.
Case value is driven by liability strength, comparative fault exposure, the nature and permanency of the injuries, the amount of paid medical treatment, lost earnings, future treatment forecasted by treating physicians, and the available insurance. Pain and suffering is calculated by the fact-finder without a fixed formula. Carriers reference jury verdict databases, prior settlements, and the venue of suit. Cases in Los Angeles County typically command higher value than rural counties due to jury composition and the experience of the bench.
Burg & Brock handles motor vehicle injury cases on a contingency fee basis under Business & Professions Code section 6147, meaning no fee unless we recover. The standard fee schedule is disclosed in writing before representation begins, and case costs are advanced and reimbursed only from any recovery. Initial consultations are free and confidential. Retainer agreements include a clear fee scale, costs treatment, and a settlement-authority provision so the client controls all major decisions throughout the case.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Minor | Soft tissue, conservative care, full recovery | $10,000 — $40,000 |
| Tier 2 — Moderate | Disc injuries, injections, ongoing therapy | $40,000 — $150,000 |
| Tier 3 — Serious | Fractures, single surgery, residual deficit | $150,000 — $600,000 |
| Tier 4 — Severe | Multi-system trauma, permanent impairment | $600,000 — $3,000,000 |
| Tier 5 — Catastrophic | Brain injury, paralysis, death | $3,000,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Cameron Yadidi Brock, founding partner of Burg & Brock and lead trial lawyer for motor vehicle injury cases. Cameron has handled crashes involving passenger cars, light trucks, SUVs, and commercial vehicles across every Los Angeles County courthouse, with case results that include eight-figure recoveries for catastrophic injuries. He works directly with accident reconstructionists, biomechanical engineers, and treating physicians to build case files that reflect the full medical, vocational, and human cost of the crash.
Cameron Yadidi Brock is admitted in California and verified at Cal Bar #183112. Reviewed by Cameron Yadidi Brock, CA Bar #183112. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Cars, trucks, motorcycles, buses, rideshare (Uber/Lyft), e-scooters, bicycles, pedestrian-vehicle, hit-and-run, drunk driving, distracted driving, and commercial vehicle cases. Each category has specific liability rules and insurance coverage layers.
Two years from the accident date for personal injury under Code of Civil Procedure section 335.1. Three years for property damage only under section 338(c). Government entity claims need a tort claim notice within six months under Government Code section 911.2.
File against your own uninsured/underinsured motorist coverage. California Insurance Code section 11580.2 requires UM coverage on every policy unless waived in writing. UM also covers hit-and-run accidents.
Soft-tissue cases settle $10,000 to $35,000. Cases with surgery run $75,000 to $300,000. Catastrophic injury cases (TBI, paralysis, death) reach seven and eight figures. Case value depends on injury severity, treatment duration, lost wages, and available insurance coverage.
Yes, if you have any treatment beyond an ER visit or any time off work. Soft-tissue injuries often become chronic, and insurance companies undervalue minor cases by 60 to 80% when there is no lawyer involved. The free consultation costs nothing.
California is a pure comparative negligence state. You can recover damages even if you were 99% at fault, with your recovery reduced by your percentage of fault. There is no bar at any fault percentage.
Most cases settle 6 to 18 months after treatment concludes. Cases requiring litigation add 12 to 24 months. We do not negotiate before maximum medical improvement so the full damages are documented.
Medical bills (past and future), lost wages, lost earning capacity, property damage, pain and suffering, loss of enjoyment of life, and (in drunk driving or extreme conduct cases) punitive damages under Civil Code section 3294.
No. Politely decline any recorded statement and refer all communication to your attorney. The adjuster's job is to reduce your claim, not help you. You have no legal duty to talk to the other driver's insurer.
Contingency. No fee unless we recover. Standard 33 and 1/3 percent before suit, 40% after suit. Case costs come out of the settlement. Free consultation.
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