Two people on the street corner talking about the car accident, above POV

“I was told that I can’t sue after being injured in a car crash? What should I do?”

profile photo
By Yosi Yahoudai
Founder and Managing Partner

If you’ve been involved in a car crash in California and sustained injuries, you might have received conflicting information about your rights to legal recourse. One common misconception is that if you are partially at fault for the accident, you cannot sue for damages. This, however, is not the case in California. At J&Y Law Firm, we specialize in personal injury law and are here to clarify your rights and options following a car crash. Understanding the legal framework in California is crucial for anyone who finds themselves in such unfortunate circumstances.

California’s Comparative Fault Law:

In California, the concept of comparative fault (or comparative negligence) applies. This means that even if you are partly responsible for the accident, you can still sue for damages. However, any compensation you receive will be reduced by the percentage of fault assigned to you. For instance, if you are found to be 30% at fault for the accident, the total damages awarded to you will be reduced by 30%.

Your Right to Sue After A Car Crash:

Regardless of fault, you have the right to file a lawsuit if you have been injured in a car crash. This is important because injuries can lead to significant medical expenses, loss of income, and other damages. California law recognizes the right of an injured party to seek compensation for these losses, even if they contributed to the cause of the accident.

Steps to Take After a Car Accident:

  1. Seek Medical Attention: Your health comes first. Even if you believe your injuries are minor, it’s important to have a medical professional evaluate you.
  2. Document Everything: Collect as much information as possible from the accident scene. This includes taking photos, getting contact information from witnesses, and obtaining a copy of the police report.
  3. Consult a Personal Injury Attorney: It’s essential to get legal advice from an experienced attorney. A lawyer can help you understand your rights, evaluate your case, and guide you through the legal process.
  4. Understand the Statute of Limitations: In California, you generally have two years from the date of the accident to file a personal injury lawsuit. However, this timeframe can vary, so it’s crucial to seek legal advice promptly.
  5. Don’t Admit Fault: Be cautious about what you say following the accident, especially to insurance companies. Admitting fault can complicate your case.

Navigating the aftermath of a car crash can be overwhelming, particularly when dealing with injuries, insurance companies, and legal complexities. An experienced personal injury attorney can be invaluable in such situations. At J&Y Law Firm, we have the expertise to handle the nuances of your case, negotiate with insurance companies, and ensure your rights are protected.


If you’ve been injured in a car crash in California, don’t be discouraged by misconceptions about your ability to sue. Understanding your rights under California’s comparative fault law is key. Remember, even if you are partially at fault, you still have the right to seek compensation for your injuries. At J&Y Law Firm, we are committed to providing you with the legal support you need to navigate this challenging time and work towards the compensation you deserve.Call us anytime at 323-202-2305.

author photo
About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.