In California, the driver who caused a crash is responsible for the harm that follows. Knowing who pays and how can help you protect yourself after a collision.
How California’s at-fault system works
California requires all drivers to carry auto liability insurance. That policy is the first place compensation comes from when a driver is at fault.
Under California Vehicle Code § 20001, a driver who injures someone must stop and stay at the scene. Leaving is a felony. The state requires drivers to carry at least $15,000 per person for bodily injury, $30,000 per accident and $5,000 for property damage.
What happens when coverage runs out
Bike crash injuries can be serious. Bills can pile up fast and go beyond what a driver’s policy will cover.
If that happens, you still have options. You may be able to go after the driver’s personal assets for the rest. Your own auto policy may also help. Uninsured and underinsured motorist coverage can apply even when you were on a bike.
How comparative fault affects your payout
California Civil Code § 1714 sets a pure comparative negligence rule. That means you can still recover money even if you share some of the blame. Your payout drops by whatever percentage of fault belongs to you. A few things can raise or lower that percentage:
- Riding without lights: Operating a bike at night without proper lighting could increase your share of fault.
- Ignoring traffic signals: Running a red light or stop sign may reduce your recovery.
- Riding against traffic: California law requires cyclists to travel in the same direction as vehicles.
Your assigned percentage of fault does not eliminate your right to recover.
Other parties who may be liable
The driver’s insurer is not always the only responsible party. If the driver was working at the time of the crash, their employer’s commercial policy may apply. If a dangerous road condition contributed to the collision, a city or government entity could share liability under California Government Code § 835.
Take stock of your legal options
These cases involve multiple potential sources of recovery and strict deadlines. A lawyer may help you identify every avenue available. Speaking with an attorney can clarify how these rules apply to your situation.
