By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit head-on?
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What to do after a head-on or wrong-way crash in California
- Call 911 and say if the other car was going the wrong way, so officers look for signs of alcohol or drugs at the scene.
- Get medical care the same day. See concussion or brain injury after a crash.
- Photograph where the cars stopped, the debris, gouge marks and lane lines. They show which car left its lane, and they disappear once the road is cleared.
- Get witness names and numbers, including drivers who saw the wrong-way car earlier.
- Keep your car until it has been inspected and its event data recorder downloaded.
- Get the report number (how to get a police report).
- Do not give a recorded statement to the other driver’s insurer before you read what not to tell the insurance company.
The California traffic laws that decide fault in a head-on crash
| Rule | What it says | Source |
|---|---|---|
| Keep to the right half | Drive on the right half of the roadway, except when passing, turning left, on a one-way road, or when the right half is closed or the road is too narrow. | Veh. Code § 21650 |
| Divided highways | No driving over or across a dividing section, and no left turns or U-turns across it, except through a designated opening. | Veh. Code § 21651(a) |
| Wrong way on a divided highway | It is unlawful to drive anywhere except to the right of the barrier or dividing section that separates opposing lanes. A violation is a misdemeanor, and a willful violation that injures or kills someone carries a heavier penalty. | Veh. Code § 21651(b), (c) |
| Double solid yellow lines | Drivers may not drive to the left of them, except to turn left at an intersection or into or out of a driveway or private road, or to make a legal U-turn. | Veh. Code § 21460 |
Why the statute matters in a civil case. Under Evidence Code 669, a driver who violated a statute is presumed negligent if the violation caused the injury, the injury was the kind the statute was designed to prevent, and the injured person was in the class it protects. The driver can rebut it by showing he did what a person of ordinary prudence would have done while trying to obey the law (Evid. Code § 669), for example by claiming he swerved to avoid a car that cut him off.
Your own fault. California uses “pure” comparative negligence: damages are reduced in proportion to the injured person’s share of fault and are never wiped out (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you were speeding when a car crossed into your lane, that only lowers the award. See comparative fault in CA, TX and WA.
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Wrong-way drivers on California freeways
The National Transportation Safety Board studied wrong-way crashes on freeways and other high-speed divided highways in a 2012 special investigation report. Using federal fatal-crash data for 2004 through 2009, it found:
- About 360 people a year died in about 260 fatal wrong-way crashes nationwide.
- 60% of wrong-way drivers had indications of alcohol involvement, compared with 6.5% of the drivers they hit, and 59% of those with a reported blood alcohol level were at 0.15 or higher.
- About 78% of the crashes happened between 6 p.m. and 6 a.m.
Source: NTSB, Wrong-Way Driving (2012).
Caltrans says about 37 people are killed each year, on average, in wrong-way collisions on California highways. In a three-year pilot with UC Davis on exit ramps in Sacramento and San Diego, wrong-way drivers in San Diego fell 44% after two-way reflective pavement markers were installed; they look red to a driver going the wrong way. Caltrans added the markers to its statewide design standards and kept monitoring flashing LED “Do Not Enter” signs (Caltrans, July 13, 2020).
Three recent crashes reported by our news desk:
- On September 11, 2026, at about 10:35 p.m., an SUV headed north in the southbound lanes of the 241 Freeway in Lake Forest hit a BMW head-on. Both drivers died (241 Freeway, Lake Forest).
- At about 12:44 a.m. on August 16, 2026, a BMW going north in the southbound lanes of Highway 99 in Bakersfield struck a Honda, killing a mother and her two daughters (Highway 99, Bakersfield).
- On August 26, 2026, a GMC SUV going the wrong way on Montague Expressway in Santa Clara hit a pickup head-on, and both drivers died (Montague Expressway, Santa Clara).
In each case, investigators had not said at the time of reporting whether alcohol or drugs played a part.
Punitive damages when the wrong-way driver was drunk
Civil Code 3294 allows punitive damages when the plaintiff proves by clear and convincing evidence that the defendant acted with malice, which includes despicable conduct carried on with a willful and conscious disregard of the rights or safety of others (Civ. Code § 3294). In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that driving while intoxicated may be malice under that section, and that a record of prior drunk driving is not an essential prerequisite (Taylor opinion). Our California drunk driving accident lawyer page covers bars, restitution and the Prop 213 DUI exception, and what to do when a drunk driver hits you has a checklist.
When the road played a part: claims against Caltrans, counties and cities
Some head-on crashes involve the road as well as a driver: no median barrier, a confusing exit ramp, missing signs. A public entity is liable for an injury caused by a dangerous condition of its property if the condition created a reasonably foreseeable risk of the kind of injury that happened, and either an employee created it or the entity had actual or constructive notice in time to protect against it (Gov. Code § 835).
Agencies usually answer with design immunity, which covers a plan or design approved in advance if there is substantial evidence a reasonable public employee could have adopted it. Once the agency has notice the property may no longer fit a reasonable design, the immunity lasts only a reasonable time to obtain funds and fix it, or, if that is impossible, while it reasonably tries to warn (Gov. Code § 830.6).
In Cornette v. Department of Transportation (2001) 26 Cal.4th 63, a car on State Route 14 in Los Angeles County was pushed across the open median and hit by a southbound vehicle just past the end of a median barrier. The freeway was built in 1964 without one, and cross-median crashes increased later. The California Supreme Court held that, when the facts are disputed, the plaintiff has a right to a jury trial on loss of design immunity: changed physical conditions, notice, and a reasonable time to fix or warn (Cornette opinion).
Six months. A claim for injury or death against a public entity must be presented no later than six months after the cause of action accrues (Gov. Code § 911.2). If the claim is rejected by written notice, suit must be filed within six months of that notice; if no written notice is given, within two years of accrual (Gov. Code § 945.6). See crashes caused by potholes and dangerous roads and the six-month claim rule.
Insurance after a head-on crash in California
A Michigan study cited by the NTSB found that 22% of wrong-way collisions were fatal, compared with 0.3% of all highway crashes (NTSB). Injuries like these usually exceed California’s minimum policy, $30,000 per person and $60,000 per accident for policies issued or renewed since January 1, 2025 (Veh. Code § 16056). Your own uninsured and underinsured motorist coverage may pay the difference (hit by an uninsured driver in California; making a UIM claim).
California deadlines and rules for head-on collision claims
| Rule | California law | Source |
|---|---|---|
| Sue the driver for injury or death | 2 years | CCP § 335.1 |
| Claim against Caltrans, a county or a city | 6 months from the crash | Gov. Code § 911.2 |
| Driver broke a traffic statute | Negligence is presumed; the driver may rebut it | Evid. Code § 669 |
| Your own share of fault | Reduces the award, never bars it | Li v. Yellow Cab Co. |
| Punitive damages | Clear and convincing proof of malice; drunk driving can qualify | Civ. Code § 3294; Taylor |
| Minimum liability insurance | $30,000 per person, $60,000 per accident | Veh. Code § 16056 |
When a head-on crash is fatal, the family’s deadline is explained in wrongful death statute of limitations in California.
Evidence that shows who crossed the line
- Scene photos and measurements showing where the debris and gouge marks sit relative to the center line or median.
- Event data recorder downloads from both vehicles.
- 911 recordings from drivers who reported the wrong-way car before the crash.
- Toxicology results and the arrest report, if impairment is suspected.
- Agency records of earlier crashes and complaints at the location.
For head trauma, see our California brain injury lawyer page. Local pages: Los Angeles car accident lawyer and Santa Ana car accident lawyer.
Related pages
- Texas head-on collision lawyer
- Washington head-on collision lawyer
- California car accident lawyer
- California drunk driving accident lawyer
- California truck accident lawyer
- California wrongful death lawyer
- California brain injury lawyer
Common questions
Who is at fault in a head-on collision in California?
Usually the driver who left the right half of the road, crossed double yellow lines or drove the wrong way on a divided highway, in violation of Vehicle Code 21650, 21460 or 21651. Evidence Code 669 presumes negligence from that violation, though the driver may try to rebut it.
How long do I have to sue after a head-on crash in California?
Two years under CCP 335.1. If you are claiming against Caltrans, a county or a city, the written claim is due within six months under Government Code 911.2.
Can I sue Caltrans for a crash on a freeway without a median barrier?
Possibly. Government Code 835 covers dangerous conditions of public property, and design immunity under section 830.6 can be lost when conditions change (Cornette v. Department of Transportation). The claim is due in six months.
Can I get punitive damages from a drunk wrong-way driver?
You can ask for them. Taylor v. Superior Court held that driving while intoxicated may be malice under Civil Code 3294. You must prove it by clear and convincing evidence.
What if the driver who hit me had little or no insurance?
California’s minimum is $30,000 per person for policies issued or renewed since 2025. Your own uninsured and underinsured motorist coverage may pay the rest, up to your limits.
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California head-on collision lawyer — Beverly Law
Hit head-on or by a wrong-way driver in California? We find out who crossed the line, every policy that can pay and whether the road itself is part of the claim. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Veh. Code § 21650
- Cal. Veh. Code § 21651
- Cal. Veh. Code § 21460
- Cal. Veh. Code § 16056
- Cal. Evid. Code § 669
- Cal. Civ. Code § 3294
- Cal. Code Civ. Proc. § 335.1
- Cal. Gov. Code § 835
- Cal. Gov. Code § 830.6
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 945.6
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Taylor v. Superior Court (1979) 24 Cal.3d 890
- Cornette v. Department of Transportation (2001) 26 Cal.4th 63
- Caltrans, Caltrans, UC Davis Research Deters Wrong Way Drivers on State Highways (July 13, 2020)
- NTSB, Wrong-Way Driving, Highway Special Investigation Report NTSB/SIR-12/01 (2012)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.