What Are the Passenger Rights After a Car Accident in California?

By Peter Corrales

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Car Accidents

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Last Modified on Oct 04, 2025

Unfortunately, many car accidents involve helpless victims who were simply passengers in a vehicle. When you were riding along with someone who was involved in an accident, you may be asking yourself, “What are the passenger’s rights after a car accident in California?” Understanding your rights and the legal options available to you after a California car accident is crucial in ensuring you secure justice and compensation for your injuries.

Devoted Car Accident Injury Lawyers in California

At the Corrales Law Group, our founding attorneys created our firm based on the principle that all California residents deserve a powerful legal advocate when facing personal injury cases. Our firm is dedicated to handling personal injury claims, including car accident cases, and has spent years working to maximize the compensation for drivers and passengers alike. We help empower clients by giving them the information they need to take back control of their lives after a crash.

The Legal Rights of California Passengers After Car Accidents

Just like drivers in California, passengers of vehicles that were involved in accidents are legally protected. As a passenger, you may be able to file a claim against the negligent party who caused the accident, as well as the driver of the vehicle you were in. You can recover compensation for:

• Medical bills
• Missed work and lost income
• Pain and suffering
• Loss of enjoyment of life
• Mental anguish
• Property damage

Before filing your case, you need to hire a car accident lawyer who has experience representing both passengers and drivers. At the Corrales Law Group, we have spent years ensuring the rights of all victims are protected and that justice is secured.

Evidence That Passengers Should Collect After a California Car Accident

Car crashes are a major cause of injury and death for residents of the United States. In 2023, there were 40,901 traffic deaths across the country. That same year in California, there were 4,061 traffic deaths. Survivors of crashes may experience lifelong pain and trauma. You deserve to pursue compensation and justice after an accident.

Having extensive and diverse evidence is key to a successful car accident case. Courts rely on the evidence provided by all parties to make their decisions. Important pieces of evidence to present as a passenger include:

• Police reports from the accident scene
• Initial medical evaluations
• Medical records from the hospital
• Photos and videos of the accident scene
• Photos and videos of your injuries
• Eyewitness or professional testimony
• Dash cam, security camera, or traffic camera footage

You should also be sure to include a detailed timeline of the incident and the subsequent losses you suffered. Your lawyer can help you navigate filing a claim as a passenger and ensure you meet all legal requirements.

How California Courts Determine Fault After a Car Accident Occurs

After a car accident occurs in California, one of the first legal steps that occurs is determining fault. During car accident cases, courts give everyone involved a percentage of fault, including the victim. This is known as the state’s comparative negligence system, which allows for multiple parties in an accident to be assigned fault.

For example, if the driver of the car you were in was speeding, they may be assigned 30% at fault for the crash. If another driver was driving drunk, they may be assigned 70% of the fault. If you file a claim against both parties, your final settlement would combine both percentages of fault. If you won a $100,000 settlement, the driver of the car you were in would have to pay you $30,000, while the driver of the other car would have to pay $70,000.

Passengers can also be held partly responsible in rare situations. If a passenger distracts the driver, gives unsafe instructions, or interferes with driving, they could share blame. The court will consider whether it was reasonably predictable that the passenger’s actions could lead to harm.

FAQs

What Is the Deadline to File My Car Accident Claim in California?

Generally, the deadline to file your car accident claim in California is typically two years. However, if a government vehicle was involved in your crash, that deadline goes down to only six months. Failing to file within these deadlines will result in your case being dismissed, and you won’t be able to recover any compensation or secure justice. This is just one reason why it’s important to file as early as possible, as it’ll help increase your chances of a successful case.

Should I Speak to an Insurer Without a Lawyer Present After a California Car Accident?

While you technically can speak to an insurer in California with your attorney, it’s highly recommended that you do not do so. Insurance companies are known for lowballing victims and attempting to pay as little as possible. An experienced lawyer knows common tactics used by insurers and can leverage their negotiation skills to ensure you receive what you deserve.

How Can I Preserve My Legal Case as a Passenger After a California Car Accident?

After being involved in a car accident in California, you should take several steps to preserve your future claim. Firstly, avoid apologizing or admitting fault to anyone else involved. While you may have good intentions while doing so, it’ll only be used against you later on, in your case. Don’t rely on your car’s driver to do the heavy lifting. Even if they get photos of the crash and information from the other driver, you should do the same yourself.

How Much Does the Average Car Accident Lawyer Cost in California?

The total amount you end up paying for a car accident lawyer in California will depend on a wide range of factors specific to your case and the lawyer in question. Generally, personal injury attorneys in California use contingency fees when charging their clients. This means they agree on a specific percentage that can be taken from their client’s settlement if they are successful. To understand the pricing structure your lawyer uses, ask questions during your initial consultation.

Hire a Car Accident Lawyer You Can Count on

Contact Corrales Law Group today to learn how our attorneys can help passengers in California who have been involved in car accidents. We offer clients competent and compassionate legal services with years of experience backing us. Let us take care of the legal side of things so you can focus on your recovery process.