Modesto Car Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents car accident victims throughout Modesto and Stanislaus County. If another driver's negligence caused your injuries, you may have a claim for medical expenses, lost income, and pain and suffering. This page explains the legal framework that governs car accident cases filed in Stanislaus County Superior Court and the verified crash data that reflects the severity of Modesto's traffic safety problem.

Modesto Traffic Accident Data

California's Office of Traffic Safety compiles annual crash data for every city in the state and ranks each against comparable communities after adjusting for population and miles driven. In 2023, the OTS compared Modesto to 62 California cities of similar size. Modesto recorded 1,876 total crash victims killed or injured — the second-highest total among those 62 cities. That ranking places Modesto in the top three percent of California cities its size for crash severity.

Several categories stand out. Alcohol-involved crashes produced 224 victims, ranking Modesto second out of 62 comparable cities. Nighttime crashes between 9:00 p.m. and 2:59 a.m. produced 189 victims, also ranked second. Hit-and-run crashes injured or killed 166 people, ranking fifth. Drivers between 21 and 34 years old caused 112 alcohol-involved injuries, ranking Modesto second among comparable cities in that category as well.

These figures reflect crashes on Modesto's surface streets, state highways, and freeway interchanges. State Route 99, McHenry Avenue, Briggsmore Avenue, Carpenter Road, and the interchange at SR-99 and SR-132 are among the corridors where serious collisions occur regularly.

The Legal Basis for a Car Accident Claim

California Civil Code section 1714(a) establishes the foundational duty: everyone is responsible for injuries caused by their want of ordinary care in the management of their person or property. In a car accident case, the question is whether the other driver exercised the care a reasonably prudent person would exercise under the same circumstances.

California follows a pure comparative fault system, established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under pure comparative fault, a plaintiff's recovery is reduced in proportion to their own share of fault — but it is not eliminated. A driver found 30 percent at fault for a collision recovers 70 percent of their proven damages. The defense may raise comparative fault as an argument, but the jury decides what percentage, if any, applies to the injured party.

Negligence Per Se — Vehicle Code Violations

When a driver violates a statute enacted to protect against the type of harm that occurred, that violation is negligence per se — the jury is instructed that the conduct was negligent without further proof of unreasonableness. Several Vehicle Code provisions are particularly relevant to Modesto car accident cases.

Vehicle Code section 22350 prohibits driving at a speed greater than is reasonable or prudent given weather, visibility, traffic, and road conditions. This is the basic speed law and applies regardless of posted limits. A driver traveling at the speed limit may still violate section 22350 if conditions required a lower speed.

Vehicle Code section 21703 prohibits following another vehicle more closely than is reasonable and prudent given the speed and traffic conditions. Rear-end collisions frequently involve a section 21703 violation.

Vehicle Code section 22107 requires a driver to make a lane change only when it is safe to do so and after signaling. Sideswipe collisions and freeway merge crashes commonly involve violations of this section.

Vehicle Code section 21801(a) requires a driver making a left turn to yield to oncoming traffic that is close enough to constitute a hazard. Left-turn intersection crashes — a consistent pattern at Modesto's busier cross-streets — frequently turn on this provision.

Vehicle Code section 23152 prohibits driving under the influence of alcohol or drugs. A DUI conviction in criminal court does not automatically resolve a civil claim, but the underlying conduct and blood alcohol level are relevant evidence in the personal injury case.

Insurance Requirements and Underinsured Motorist Coverage

California Vehicle Code section 16056(a)(2), as amended by Senate Bill 1107 effective January 1, 2025, requires minimum liability coverage of $30,000 per person, $60,000 per occurrence, and $15,000 for property damage. These are minimums, and many drivers carry only minimum coverage.

When the at-fault driver's coverage is insufficient to compensate the injured person's losses, Insurance Code section 11580.2 governs uninsured and underinsured motorist (UM/UIM) claims against the injured person's own insurer. A UM/UIM claim requires the injured person to establish the other driver's liability and the extent of damages. The insurer steps into the shoes of the underinsured driver for purposes of evaluating the claim. As the Court of Appeal held in Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913, 923, a UM/UIM insurer owes the same obligations to its insured as any liability insurer would owe to a third-party claimant.

Damages in a Car Accident Case

California Civil Code section 3333 provides that the measure of damages for a tort is the amount that will compensate for all detriment proximately caused by the negligent conduct. Civil Code section 3281 confirms that every person who suffers detriment from an unlawful act is entitled to compensation. Civil Code section 3283 extends that entitlement to future damages that are certain to result.

Compensable damages in a car accident case typically include past and future medical expenses, past and future lost earnings or earning capacity, and non-economic damages including pain, suffering, and loss of enjoyment of life. The eggshell plaintiff rule applies: a defendant who injures a plaintiff with a pre-existing condition is responsible for the full extent of the harm caused, even if the injury is more severe than it would have been in a healthier person.

Civil Code section 3294 permits punitive damages when the defendant's conduct amounts to oppression, fraud, or malice. In car accident cases, punitive damages are most commonly sought when the at-fault driver was intoxicated and knew of the risk their conduct created.

Civil Code section 3291 provides for prejudgment interest at ten percent per year from the date of a valid Code of Civil Procedure section 998 offer to compromise that the defendant rejected, if the plaintiff ultimately obtains a more favorable judgment.

Filing Deadlines

California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — including the discovery rule, minority, mental incapacity, and fraudulent concealment. Contact Attorney Michael Rehm promptly to assess the specific timeline in your case.

If the at-fault driver was a government employee acting within the scope of employment — for example, a city bus driver or a county vehicle operator — a government tort claim under Government Code section 911.2 must be filed within six months of the incident before a lawsuit can be filed. Government Code section 945.6 then requires a lawsuit to be filed within six months after the claim is rejected. Missing the government claims deadline can potentially bar the claim entirely.

Stanislaus County Superior Court

Car accident lawsuits filed on behalf of Modesto and Stanislaus County residents are filed in the Stanislaus County Superior Court, City Towers Building, 801 10th Street, Modesto, CA 95354. The court has 21 judges and three commissioners. Civil cases are directly assigned to a single judicial officer for all purposes, including trial.

Represented parties are subject to mandatory electronic filing. All general civil cases are required to participate in a mandatory settlement conference approximately 15 days before trial. The court offers a Civil Action Mediation Program for cases where the amount in controversy does not exceed $50,000, and a Temporary Assigned Judges Civil Mediation Program available in larger cases. Stanislaus County Superior Court judicial statistics are available through the California Judicial Council court statistics portal. In the most recently available fiscal year (FY 2022–23), the court received approximately 399 vehicular accident civil filings.

Representation on a Contingency Fee Basis

Attorney Michael Rehm handles car accident cases throughout Modesto and Stanislaus County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.