Legal Rights for Holiday Travelers in California: What to Do After an Accident on the Road 

Nagelberg Bernard Law Group

The holiday season is a time for joy, celebration, and travel. California’s picturesque roadways and popular destinations attract millions of travelers each year.

However, with increased road traffic during the holidays comes a heightened risk of accidents. Understanding your legal rights and next steps can protect your health and claim for compensation if you’re involved in a car wreck in Beverly Hills or anywhere else in California during your holiday travels.

Our experienced Beverly Hills car accident lawyers are also here to help. We offer a no-obligation, free consultation to help you get started.

The Rise in Holiday Traffic Accidents

Statistics highlight the dangers of holiday travel. According to the California Highway Patrol (CHP), there were over 1,000 accidents resulting in injuries or fatalities during the Thanksgiving holiday weekend in recent years. The National Safety Council (NSC) estimates that more than 400 people die on U.S. roads during the Christmas and New Year’s holidays annually. Factors like distracted driving, drunk driving, and increased congestion contribute to these alarming numbers.

For Beverly Hills drivers, where luxury vehicles and congested intersections are common, accidents often involve costly damages and severe injuries. Whether you’re a local or a visitor, understanding your rights after a car wreck in Beverly Hills can make all the difference in your recovery.

Immediate Steps to Take After an Accident

In the aftermath of an accident, it’s essential to remain calm and take the following steps to ensure your safety and protect your legal rights:

  • Check for Injuries: Your health and the well-being of others involved should be your top priority. Call 911 if anyone needs immediate medical attention.
  • Contact Law Enforcement: Reporting the accident to local authorities is crucial. In California, accidents involving injuries or property damage exceeding $1,000 must be reported to the DMV within 10 days. A police report can be invaluable when filing an insurance claim or consulting a Beverly Hills car accident lawyer.
  • Gather Evidence: Take photos of the scene, vehicle damage, and any visible injuries—exchange information with the other driver, including insurance details and contact information for witnesses.
  • Avoid Admitting Fault: Even casual remarks can be misconstrued as an admission of liability. Stick to factual statements and let investigators determine fault.

Legal Rights for Holiday Travelers

California law protects drivers, passengers, and pedestrians injured in car accidents. Regardless of whether you’re a resident or visiting from out of state, you are entitled to seek compensation for damages caused by another driver’s negligence.

  • California’s Comparative Fault Rule: Under California’s comparative fault system (California Civil Code Section 1714), you can recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if you are 20% at fault, you can still recover 80% of your total damages.
  • Mandatory Insurance Requirements: California law requires all drivers to carry minimum liability insurance of $15,000 for injuries to one person, $30,000 for injuries to multiple people, and $5,000 for property damage. If an at-fault driver is uninsured, an experienced car wreck attorney near you can help you explore options such as uninsured motorist coverage or filing a personal injury lawsuit.

Common Causes of Holiday Accidents

Understanding the factors behind holiday accidents can provide insight into how to build a strong legal case:

  • Distracted Driving: Holiday travelers are often preoccupied with phone calls, GPS navigation, or lively conversations. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving contributes to over 3,000 fatalities annually.
  • Drunk Driving: According to the CHP, DUI arrests spike during the holidays, with nearly 700 arrests in California over the New Year’s holiday in recent years.
  • Speeding: Tight schedules lead many drivers to exceed speed limits, increasing the likelihood of severe accidents.

These causes often indicate negligence, a critical component of any personal injury claim. A top-rated auto accident lawyer in Beverly Hills can gather evidence to prove that the at-fault driver breached their duty of care.

Filing a Claim After a Holiday Accident

California law allows accident victims to file claims for a variety of damages, including:

  • Medical Expenses: Reimbursement for hospital visits, surgeries, medications, and physical therapy.
  • Lost Wages: Compensation for time missed from work due to injuries.
  • Pain and Suffering: Monetary recovery for physical pain, emotional distress, and reduced quality of life.
  • Property Damage: Repairs or replacement costs for your vehicle and other belongings.

It’s important to act quickly. In California, the statute of limitations for personal injury claims is two years from the date of the accident (California Code of Civil Procedure Section 335.1). Failing to file within this time frame can result in losing your right to seek compensation.

The Importance of Legal Representation

Navigating the legal aftermath of a car wreck in Beverly Hills can be overwhelming, especially during the holiday season. A Beverly Hills car accident lawyer can provide crucial support by:

  • Investigating the accident and identifying liable parties.
  • Handling negotiations with insurance companies to secure a fair settlement.
  • Representing you in court if a satisfactory settlement cannot be reached.

Understanding California’s laws is essential to the legal process, and having a trusted advocate by your side ensures that your rights are fully protected.

Protect Yourself and Your Loved Ones

The holiday season should be a time of joy and connection, not stress and injury. By knowing your legal rights and taking proactive steps after an accident, you can focus on recovery and enjoying the season with your loved ones.

If you or someone you know has been injured in a car accident, don’t wait. Contact a top-rated auto accident lawyer in Beverly Hills to discuss your case and begin the path to justice.

Recent Posts

Contact Us

  • Fields Marked With An “*” Are Required
  • This field is for validation purposes and should be left unchanged.

Call 24/7 for a
Free Honest
Consultation

The law limits the amount of time you have to file a personal injury lawsuit. Call 24/7 for a Free Consultation