What Out-of-State Visitors Need to Know About CA Laws

California is no stranger to tourism. Los Angeles alone gets nearly 50 million visitors per year. While many of those visitors choose to use rideshare services or public transit, a significant percentage drive their own vehicles. They may assume that their home state laws apply or that insurance requirements are the same across state lines, but these can end up being costly mistakes. Before planning a trip to sunny California, visitors need to know how to operate safely on busy California roads and what to do if they’re involved in a collision.

Injured in a California crash? The team at McNicholas & McNicholas is here to help. Call us now to set up a consultation immediately.

Why accidents involving tourists are common in California

California’s accident statistics tell a story of a state that has invested a significant amount of effort into accident reduction strategies, but still sees a substantial number of collisions caused by residents and tourists alike. Some of the most common reasons we see accidents caused by tourists include:

• Heavy traffic requiring intense attention
• Unfamiliar road layouts that cause confusion
• Complex freeway interchanges
• High-speed lane changes that out-of-state drivers may not be comfortable doing
• Rental vehicles with unfamiliar controls or settings
• Dense pedestrian and cyclist traffic in urban areas

 Visitors are often tackling multiple challenges at once: heavy traffic, an unfamiliar area, and road layouts they never see at home.

Do California traffic laws apply to out-of-state drivers?

There’s a common misconception that a driver’s home state laws apply when they’re involved in an out-of-state accident, but California traffic laws do apply to out-of-state drivers within California’s borders. California traffic laws govern fault and liability, and drivers must meet California’s financial responsibility requirements – though insurance coverage is ultimately governed by the terms of the driver’s policy. Additionally, California courts generally have jurisdiction over any lawsuits arising from crashes on the state’s roads.

Key California laws that often surprise out-of-state drivers

For many drivers, the first time they hear about an unusual California traffic law is after they’ve already been involved in an accident. Laws that often confuse drivers include:

• Pure comparative negligence: California is a pure comparative negligence state. This means that someone who has suffered losses in an accident can still recover compensation, even if they are mostly at fault for the collision. Their compensation is just reduced to account for their share of liability. Drivers may assume that they’re in the clear if the other party is more at fault for a collision than them, but that isn’t the case here.
• Minimum auto insurance requirements: California’s minimum auto insurance requirements are higher than some other state’s minimums. A driver who carries the minimum amount of insurance mandated in their state may be underinsured in California.
• Strict laws regarding pedestrian and bicyclist safety: California takes pedestrian and bicyclist safety very seriously. They have strict right-of-way rules, extensive bike lane protections, and high expectations of driver conduct in pedestrian-heavy areas.

What happens with insurance claims when you’re injured while visiting California?

Insurance claims arising from California accidents are generally governed by California law, even if the insurer or injured driver is located out of state. Claims are generally filed against the at-fault driver’s insurance company, and rental car insurance may provide primary or secondary coverage. Even if your insurance company is an out-of-state company, they must comply with California’s claim handling requirements (although coverage is governed by policy terms).

What does this mean for you? You may face delays or hurdles you have to clear if your adjuster is unfamiliar with California law.

Can an out-of-state visitor file a lawsuit in California?

In most situations, an out-of-state visitor can file a lawsuit in California. Even if one or both parties are not from California, California typically still has jurisdiction over any accidents occurring within the state. If you plan to seek compensation against a negligent driver, you’ll likely need to file your lawsuit in California. This can be inconvenient for drivers who have already returned home, which is why it’s helpful to talk to a California car accident attorney as soon as possible after a crash. Many experienced car accident lawyers in this area have handled cases involving out-of-state drivers who don’t want to return to California for every potential court date or meeting.

Common mistakes to avoid after a California car accident

Tourists have been known to make mistakes that weaken their car accident claim or completely prevent them from recovering compensation. Working with an auto accident attorney in California can help you avoid these errors:

• Leaving California before injuries are documented, creating a gap that insurance adjusters can later challenge
• Assuming that home state insurance rules apply, which may result in drivers assuming they have no claim when they actually do
• Missing California filing deadlines (which may differ from those in your home state)
• Downplaying symptoms to avoid disrupting vacation plans, resulting in treatment delays

These mistakes can make it very hard to recover fair compensation after an accident. The sooner you document your injuries after an accident, the easier it is to demonstrate that they were caused by the collision.

On the other hand, if you get hit by a car, go about the rest of your vacation as planned while gritting your teeth through the pain, and see a doctor three weeks later, your claim is considerably weaker than it would have been. The at-fault driver’s insurance company may ask why you didn’t see a doctor sooner, how they can know that your injuries weren’t caused by a vacation activity or another accident, and if your injuries even warrant compensation if you were able to finish your vacation.

While seeking legal assistance isn’t anyone’s idea of a fun holiday activity, it can help you protect your legal rights.

Discuss your next steps with McNicholas & McNicholas

If you’ve been hit by a reckless driver while on vacation in California, you don’t have to figure out the state’s laws and requirements on your own. Our team of car accident attorneys is here to help. Call us now or reach out online right away.