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Being involved in a car accident can be both confusing and stressful, especially when you’re unsure about the consequences of being at fault. If you’ve searched “what happens if I’m at fault in a car accident in California”, you’re already taking a proactive step toward understanding what comes next. It’s completely normal to feel uncertain about medical costs, potential legal outcomes, or how your driving record might be affected. At Dhanjan Car Accident and Injury Lawyers of Fresno, we’re committed to helping you understand your legal responsibilities and how to move forward with clarity and confidence. Contact a Fresno Car accident lawyer for legal advice.

Understanding California’s At-Fault Car Accident Laws

California operates under a comparative negligence system. In plain terms, that means responsibility for a crash can be shared among multiple people. Even if you’re partly to blame, it doesn’t automatically strip away your right to recover damages — your recovery just gets reduced based on your level of fault.

Under California’s comparative negligence rule, even if you’re found partially responsible for an accident, you can still pursue compensation for the portion that wasn’t your fault. For example, if an investigation determines that you were 60% at fault, you may still recover 40% of your total losses from the other involved party.

California’s legal model follows the rule of pure comparative fault, which means financial responsibility for an accident is divided according to each party’s share of the blame. In contrast to other states where being even slightly at fault might prevent you from seeking compensation, California allows you to recover damages even when you bear most of the responsibility.

When applying the doctrine of comparative negligence:

  • Determine the total damages you would be entitled to if you had no blame.
  • Figure out what percentage of negligence is yours compared to everyone else involved.
  • Reduce your compensation by the percentage you’re found at fault.

Ultimately, California’s comparative negligence system aims to ensure that responsibility for accident damages is shared fairly, a crucial aspect to understand if you’re navigating the aftermath of a collision where fault might be in question.

How Fault Is Determined in California

Fault isn’t always determined at the scene. Instead, several sources of evidence are considered:

  • Police reports: These often serve as a primary reference. Officers document damage, gather witness statements, and may include an opinion on who caused the crash.
  • Photographs and physical evidence: Skid marks, debris placement, and vehicle damage all help reconstruct what happened.
  • Eyewitness testimony: Third-party accounts can help validate or challenge the drivers’ stories.
  • Insurance company investigations: Adjusters analyze claims, repair estimates, and evidence to determine fault from their perspective.
  • Traffic laws: Citations issued for running a red light or following too closely can affect liability.

California’s pure comparative negligence law is applied after reviewing all the facts to assign fault percentages fairly.

what happens if i'm at fault in a car accident california

What Happens If I’m at Fault in a Car Accident in California?

Being at fault in a car accident doesn’t end when you exchange information at the scene — the effects can stick with you for years. Your finances, insurance rates, and even driving privileges may take a hit, depending on how the aftermath is handled. What you say and do in the hours and days following the accident can shape everything that comes next.

For many drivers, especially in busy areas like Fresno, accidents bring more than just physical damage — they bring stress, fear, and questions. “Will my insurance cover this? Will I lose my license? Can I still drive to work?” These are all valid concerns. But the good news is, California law has a process for sorting through these situations fairly, even if you’re at fault.

You may still be covered for certain expenses, and you may not bear 100% of the blame; that’s why it’s critical not to jump to conclusions or panic. What feels like a worst-case scenario might be manageable with the right steps and support. Whether it’s a fender bender or a more serious crash, knowing your responsibilities under the law gives you a better shot at moving forward without lasting setbacks.

Here’s what typically happens: If you’re still wondering what happens if I’m at fault in a car accident in California, here’s a breakdown of what you can expect:

  • In smaller accidents, you might need to pay a deductible and could see your premiums increase.
  • In more serious cases, you may face lawsuits or claims that go beyond your policy limits.

Feeling responsible or emotional after an accident is completely natural, however, this does not necessarily mean you are legally at fault. What truly matters is the evidence and how you handle the situation. Remain calm, gather all relevant details, and rely on the legal process to properly assign responsibility.

Will My Insurance Pay if I’m At Fault?

Auto insurance is key to covering expenses after a collision, especially when you’re found to be at fault. In California, liability coverage helps pay for another person’s injuries or property damage. How much your policy covers can make a big difference in how protected you are financially. The outcome of what happens if I’m at fault in a car accident in California depends heavily on my ability to meet these financial obligations.

According to the DMV insurance requirements, drivers must show proof of financial responsibility by one of the following methods:

  • A motor vehicle liability insurance policy
  • A $75,000 cash deposit with the DMV
  • A DMV-issued self-insurance certificate
  • A $75,000 surety bond from a licensed company

These options ensure that if you’re responsible for an accident, there are sufficient funds available to cover another person’s losses. Failing to meet these requirements can result in penalties, including license suspension or fines.

If your insurance doesn’t fully cover the damages, you may be held personally responsible for the remaining costs. In such cases, the other party can sue to recover what your insurance didn’t pay.

Maintaining the appropriate coverage limits is essential to avoiding long-term financial consequences. While optional, policies like collision insurance or umbrella coverage can offer extra protection in situations where damages exceed standard policy limits.

Legal and Financial Consequences of Being At Fault

It’s also important to understand the ripple effect that one at-fault accident can have. Besides the tangible costs, many drivers experience emotional stress and anxiety about how they’ll manage financially. Some also face challenges with job-related driving requirements or commercial insurance if they’re self-employed. These hidden consequences are just as real and often overlooked. Taking the time to understand the full scope of what’s at stake can help you better prepare and protect yourself moving forward.

Accidents not only result in physical injuries and property damage but can also lead to enduring financial and legal implications. Having a comprehensive understanding of the potential outcomes following an at-fault accident is crucial for proper preparation for the challenges that lie ahead. The aftermath of a collision has the potential to impact various facets of an individual’s life, ranging from heightened insurance premiums to sustained liability risks that may persist over the long term.

Financial consequences include:

  • Out-of-pocket expenses if damages exceed your policy limits.
  • Rising premiums in future policy periods.
  • Personal liability for uncovered losses.

Legal consequences may include:

  • Civil lawsuits from injured parties
  • DMV points, license suspension, or SR-22 insurance requirements
  • Difficulty securing future insurance at standard rates

What NOT to Do After an At-Fault Car Accident in California

According to the California DMV Vehicle Collisions resource, these are the steps  you should follow if you’re involved in a car accident:

  • Do not leave the scene: Always stop your vehicle after a collision, no matter how minor. Failing to stop may be considered a hit-and-run, which carries severe criminal penalties, including fines and possible jail time.
  • Do not admit guilt prematurely: What you say immediately after a crash can be used against you later. It’s natural to feel emotional, however you should avoid phrases like “I’m sorry” or “It was my fault” until all facts are reviewed.
  • Do not delay medical care: Injuries like whiplash, concussions, or internal trauma might not be obvious at first. Getting checked out by a medical professional protects your health and documents the injury for future claims.
  • Avoid posting about the crash: Social media can hurt your case. Insurance adjusters and attorneys often review public profiles for statements or photos contradicting a claim. It’s best to stay offline regarding the accident until everything is resolved.

By avoiding these common mistakes, you’re complying with the law and putting yourself in the best position to recover physically, financially, and legally. Each smart step you take now builds a stronger foundation for your case and gives you more control over what happens next.

Steps to Take After an At-Fault Accident in Fresno, California

Every minute after an accident matters. Your response can impact everything from insurance claims to future legal liability. Fresno’s busy roads, such as Herndon Avenue and Shaw Avenue, are common locations for high-traffic accidents. Even a minor misstep following a crash can complicate your ability to defend yourself or receive fair treatment.

Being proactive and calm during this time helps protect your legal standing. Start by ensuring everyone is safe. If you can, move vehicles out of traffic to avoid additional hazards. While waiting for law enforcement or emergency responders, document the scene, get contact information from witnesses, and write down everything you remember. These details can make a huge difference later.

As noted by the DMV (Department of Motor Vehicles), you should:

  • Stop your vehicle and stay at the scene.
  • Call 911 if anyone is hurt or if there’s significant property damage.
  • Exchange information with the other driver.
  • Document the scene with photos and notes.
  • File a report (SR-1) with the DMV if there’s injury or over $1,000 in damage.

How Long Does an At-Fault Accident Stay on Your Record in California?

According to the California DMV Driver Record Retention guidelines you should consider the following points:

  • Collisions typically stay on your record for 3 years.
  • If the collision involved a commercial vehicle or hazardous materials, it remains for 10 years.
  • Severe violations may appear longer.

Can You Get Compensation if the Accident Was Your Fault in California?

Not every car accident is clear-cut. Even if you rear-end another vehicle or collide at an intersection, outside factors like poor signage, malfunctioning signals, or weather may share the blame. Insurance companies and courts review each situation carefully, which means you may not be held fully responsible even if you think you are.

Thanks to California’s comparative negligence law, you can still receive partial compensation for your injuries or damages, even if you’re mostly at fault. For instance, if you’re found 80% responsible but the other driver contributed 20% by speeding or texting, you may be able to recover that 20% of your losses.

If you’ve had to pay out of pocket for medical bills, repairs, or time off work, that recovery could go a long way. That’s why gathering evidence — like police reports, photos, and witness names — and speaking with a legal team is so important.

California allows drivers to claim partial damages in cases like:

  • Another driver using their phone or speeding
  • Road hazards or unclear signage
  • Brake failure or car defects

Given that California operates under comparative negligence, even if you were partly responsible for a car accident in Fresno, you might still be eligible for compensation. It’s a common concern we hear: What happens if I’m at fault in a California car accident? The crucial point is that being at fault doesn’t automatically prevent you from recovering damages, especially when other factors may have contributed to the incident.

Speak With a Fresno Personal Injury Attorney After a Car Accident

Dealing with the aftermath of a car accident can be stressful, especially when you’re unsure about fault. At Dhanjan Car Accident and Injury Lawyers of Fresno, we help Fresno drivers understand their situation and move forward confidently. We provide clear explanations about your potential liability and expert support in navigating insurance matters. For straightforward answers and guidance tailored to your situation, call us at (559) 342-2000 for a free consultation.

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Please Read: What Happens If Someone Else Is Driving My Car and Gets in an Accident in California?

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Sarwinder Dhanjan

Sarwinder Dhanjan is our founding attorney who founded Dhanjan Car Accident and Injury Lawyers of Fresno in 2016. After attending Fresno City College and then UC Santa Cruz for his Legal Studies and Psychology Degrees, Sarwinder joined San Joaquin College of Law. Once that was complete, he quickly passed the California State Bar and opened up his law firm; he never looked back. Sarwinder continues to help his clients personally today.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Attorney, Sarwinder Dhanjan who has 50 years of combined legal experience as a personal injury attorney.