Driver Responsibilities and Liabilities in California: Who’s at Fault?

Quick Answer

California drivers have a legal duty to drive with reasonable care, stop at any accident scene, exchange information, and report collisions involving injury, death, or property damage over $1,000 to the DMV within 10 days. Under California’s pure comparative negligence rule, any party found partially at fault may be held liable for that percentage of damages, even if they were the primary victim.

By Justin H. King, Esq.
Senior Trial Attorney & Founder, The Law Offices of Justin H. King | CA Bar #268730
Updated May 2026

A car accident can happen when we least expect it — while commuting to work, school, or out with family or friends. Many of these accidents result in minor fender-benders, however, a vast majority are far greater and consequently have serious consequences. Whenever a person suffers a car accident, the accident can lead to long-term emotional distress and severe financial hardship. Fortunately, accident victims may be eligible for compensation when liability can be established. In order to obtain compensation, however, accident victims must take into consideration their rights and responsibilities as drivers in the State of California.

After any form of auto accident in the state, motorists have to abide by the law. Drivers have a duty to exercise a reasonable amount of care in order to prevent injuring those with whom they share the road. Accidents are often inevitable, however. When a driver is involved in an accident, the driver often has a duty to report the accident in certain situations. If you or someone you love was recently injured in a car accident, understanding what your legal rights and responsibilities are can help you hold the at-fault party financially accountable for the damages caused by the accident.

What to Do Immediately After a California Car Accident

Following these specific steps protects both your safety and your legal rights:

Stop and check for injuries. California Vehicle Code §20008 requires drivers to stop at the scene of any accident, regardless of severity. Leaving the scene is a criminal offense.
Call 911 if anyone is hurt. Get medical attention even if injuries seem minor — some serious injuries (whiplash, internal bleeding, traumatic brain injury) don’t show symptoms for hours or days.
Exchange information with all parties. Get names, contact details, driver’s license numbers, license plates, and insurance information from every driver involved.
Document the scene. Photograph vehicle damage, the surrounding area, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses.
Report the accident. Notify the California Highway Patrol or local police. File a written report if no officer responds. Submit an SR-1 form to the DMV within 10 days if anyone was injured or property damage exceeds $1,000.
Notify your insurance company promptly. Most policies require timely notification, but avoid giving recorded statements to the other driver’s insurer until you’ve spoken to an attorney.
Contact a personal injury attorney before signing anything. Insurance adjusters often pressure accident victims to accept quick settlements that don’t cover long-term medical costs or lost income.

Driver Responsibilities in the State of California

Across the state, motorists have a legal duty to exercise a reasonable amount of care in order to avoid injuring themselves and others on the road. As a result of this duty, drivers have an obligation to obey traffic signs and laws, operate their vehicles in a safe manner, and remain vigilant of road conditions.

Moreover, when an accident happens, every driver has a responsibility to stop at the scene and check if anyone was injured in the collision. In fact, based on current law (California Vehicle Code §20008), motorists must stop at the accident scene, exchange contact information, and provide reasonable assistance to those who have been injured. Furthermore, the collision will need to be reported to the California Highway Patrol in a timely manner. A written report of the incident must also be provided, particularly when there were no responding police officers and a police report was not filed.

Additionally, auto accidents must usually be reported to the Department of Motor Vehicles. When a person was involved in a car accident, the collision will need to be reported to the department within 10 days when:

A person was injured in the collision
A person lost his/her life in the collision
The collision resulted in property damage exceeding $1,000

Liability in an Auto Accident

While some accidents happen due to no fault of the drivers involved, a vast majority of accidents happen as a result of driver error or driver negligence. Negligence, in particular, arises when a person breaches the duty to act reasonably responsible when driving and ultimately causes harm to another. A party who is found to be negligent in an accident is liable for the victim’s economic and non-economic damages.

Economic damages are awarded to injured victims for their financial losses suffered as a result of the accident. These damages could be incurred through expenses such as:

Medical costs
Loss of employment
Property damage
Permanent disability

A damages award can also be obtained for non-economic losses, such as:

Emotional suffering
Loss of quality of life
Embarrassment

It should be noted that the State of California follows the theory of “pure comparative negligence” in order to determine who is at fault for the accident. For the most part, this means that every party involved in the accident could be held liable for their portion of responsibility in causing the accident.

In sum, drivers who fail to exercise a reasonable level of care when driving could be held liable for the damages caused by the accident. A breach in duty of care could include, but is not limited to:

Speeding
Driving while distracted
Driving while intoxicated
Engaging in road rage
Disobeying posted street signs

Drivers along the I-10 and I-15 corridors through Fontana, Ontario, and San Bernardino face particularly high accident risk due to commercial truck traffic and freeway congestion. Establishing fault in these multi-vehicle scenarios often requires careful investigation of dash cam footage, traffic patterns, and commercial driver logs.

Auto Accident Statute of Limitations in California

In California, personal injury cases — including Fontana car accident claims and other Inland Empire matters — are subject to a “statute of limitations,” which is a law that sets a time frame on a potential claimant’s right to bring a case forward. Depending on the case, these deadlines can vary. Generally, however, the statute of limitations is two (2) years from the date of the accident or discovery of the injury. Missing this deadline typically means losing the right to pursue compensation entirely, regardless of how strong the underlying case may be.

Protect Your Rights and Interests — Speak to a Well-Versed Attorney Today

When involved in a traffic accident in California, the experience can often be overwhelming. Aside from coping with the injury and loss of property, handling the complexity of a car accident claim can add another layer of stress and frustration to an already difficult situation. If you or a loved one has suffered a car accident, obtaining the support of an experienced personal injury attorney can be incredibly beneficial and could help lift the burdens caused by the accident.

At the Law Offices of Attorney Justin H. King, the firm excels in handling the most complex traffic accidents across the Inland Empire, including those involving multi-vehicles, commercial trucks, and resulting in catastrophic injuries. The law firm is exceptionally knowledgeable in the state’s traffic laws, local ordinances, and has great insight on comparative negligence rules. The Law Offices of Attorney Justin H. King is well-versed in negotiating with difficult and dishonest insurance companies in order to reach a fair settlement on behalf of its clients. At the same time, the law firm is prepared to take the case to court when needed. If you were injured in an auto accident, do not delay and contact the support of an attorney you can depend on. Consider contacting the Law Offices of Attorney Justin H. King today and schedule your free case evaluation.

Legal Disclaimer: This article provides general information about California personal injury law and is not legal advice. Reading this article does not create an attorney-client relationship. Personal injury cases depend on specific facts, and outcomes vary. If you have been injured in an accident, consult with a qualified personal injury attorney about your particular situation.

About the Author: Justin H. King (CA Bar #268730) is the founder and senior trial attorney at The Law Offices of Justin H. King in Rancho Cucamonga, California. He has been recognized by Best Lawyers in America®, Super Lawyers®, and Martindale-Hubbell with an AV Preeminent® rating. He serves clients throughout the Inland Empire, including San Bernardino and Riverside Counties.

Categories : Auto Accidents

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By Justin H. King, Esq. | Posted on May 27, 2026

Judy Schultz

2 months ago

I was in a car accident on the 15 freeway near Rancho Cucamonga and had no idea where to turn. A family member referred me to The Law Offices of Justin H. King and it was the best decision I made. Justin handled everything personally from insurance calls, medical liens, all of it. He never made me feel like just another case. We settled for far more than I expected. If you're in the Inland Empire and need someone who actually knows how to fight for you, this is the firm.

Noelia Lehner

After my car accident on the I-15 in Fontana, I was dealing with injuries, a totaled car, and an insurance company that kept stalling. The Law Offices of Justin H. King took my case and immediately made me feel like I had real advocates on my side. Jonathan King was incredibly thorough and kept me updated throughout the whole process. We ended up with a much better outcome than I thought possible. If you need a car accident lawyer in Fontana, don't wait. Call them first.

Dani Quaid

4 months ago

There’s so many things I can say about Justin, Garrett and the team. Of course having to get an attorney is stressful enough as it is.
When I called, I was welcomed with the utmost kindness! They listened to my story and never once made me feel unheard of unimportant! Justin, himself, responded so quickly to every call, text or concern. And Garrett, omg, very thorough, very sweet, very funny. The fact that I can relax and laugh was a great sign that I was in the right place. I’m grateful for the fight that they fought for me!
Hopefully I won’t be back, but if I need ANYTHING, I know they’re just a call/text away.
Thank you so incredibly much for literally everything!

Diego Vandiest

6 months ago

One of the best accident attorneys around, they were fast reliable and super helpful through the whole process

Kailyn Wilson

8 months ago

I can’t say enough good things about Justin King Law. My attorneys, Oliver and Garrett, took incredible care of me and handled my case with empathy and professionalism. After being rear-ended, I was unable to pick up my children, and the situation felt overwhelming. They not only connected me with the right health professionals and care, but when the other insurance provider denied my claim, they fought hard—and secured even more than we originally asked for.

Garrett especially took the time to thoroughly explain the process to both me and my husband, making sure we always felt informed and confident. Thanks to them, I never had to worry. I was able to focus on my family and career while they handled everything. Within just six months, my case was closed, and Oliver personally greeted me in the office to walk me through the settlement.

I am truly grateful for their dedication and would recommend Justin King Law, a small family owned practice.

William Garner

9 months ago

I just recently used Justin and his law firm in a personal injury case. They were all fantastic just was very informative in what was going to happen.
Stacy was amazing in keeping me in the loop and getting things done.
They are all amazing and worked amazingly hard to get me what I deserved.

hugo Magana

11 months ago

I really appreciate all the help I received from the Law Offices of Justin H. King. Garrett Tuckerman and Oliver King were both professional, patient, and genuinely supportive throughout the entire process. They took the time to walk me through everything and made sure I felt informed with each step. Dealing with legal matters can be overwhelming but having them in my corner made a big difference. I truly value their work and would recommend them to anyone in need of solid legal support!

Kayla Lopez

1 year ago

Kristina Z

cece banuelos

I can’t say enough good things about Justin king and his team! After my accident, I was overwhelmed and unsure of what to do, but they made the entire process so easy and stress-free. From the very beginning, they were kind, professional, and incredibly hardworking. They kept me informed every step of the way and made sure I got the best possible outcome. I truly felt like they cared about me and my case. If you’re looking for a lawyer who will fight for you and treat you with respect, this is the team you want on your side! Highly recommend!

Savannah Gill

I can't say enough good things about The Law Offices of Justin H. King. After my car accident, I was overwhelmed dealing with the insurance companies. They really took a weight off my shoulders. The team was fantastic – always responsive and patient, answering all my questions whenever I called. They fought hard for me and got me a settlement I was really happy with. It was such a relief knowing they were in my corner. I highly recommend them to anyone needing help with a car accident case!

Kaylee McFarland

I hired J King Law to represent me when I was hit by a car walking into a grocery store in Hesperia, Ca. When I explained the situation to Justin and his firm they were extremely understanding and reassuring that this will be taken care of and they will fight for me. Throughout the process the whole team was very attentive and honest about everything that came up. I have nothing but, great things to say about this law firm. I highly recommend them to anyone that has suffered any injury whether it’s major or minor. The thing I appreciated most were the updates given almost every 2 weeks. They broke everything down to help me understand it all and I’m just so grateful for them. Thank you so much J King Law!

2 years ago

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

The team at Law Office of Justin King went above and beyond with my case.
It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.
Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.
Thank you to this amazingly firm !

Hate Nine

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!

Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.

I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.

I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.

I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

3 years ago

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

4 years ago

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.