California Driving Laws 2026 - Traffic Rules & Accident Fault

Driving Laws Common to All States

No matter where you drive in the U.S., certain “rules of the road” are universal. These laws are the shared foundation for every local regulation in the country:

• All US drivers need a license, registration, and insurance. New Hampshire is the only state that doesn’t require car insurance. Driving without these universal requirements can mean fines and liability, especially if you cause an accident.
• Standardized safety equipment requirements. Federal regulations from the NHTSA set minimum vehicle safety standards that apply across the country. Seat belt laws exist in every state, though specific requirements for passengers vary.
• School zones and construction zones get special protection. Every state reduces speed limits near schools and active work zones, although the specific laws and limits vary.
• Drunk and distracted driving are banned nationwide. The 0.08% blood alcohol limit applies in all 50 states for drivers aged 21 and over. Texting while driving is illegal everywhere, though some states, like California, go further by banning all handheld phone use behind the wheel.
• Traffic signals mean the same thing everywhere. Red, yellow, and green lights have universal meanings. You must yield to pedestrians in crosswalks and pull over for emergency vehicles with lights and sirens.
• Hit-and-run is a crime in every state. Leaving an accident scene brings criminal charges everywhere, especially when the crash involved injuries or deaths.

Violating these basic rules weakens your position in any accident claim. Insurance companies will use a suspended license or DUI charge to argue you shouldn’t recover compensation. And this could jeopardize your case significantly, even under California’s forgiving comparative negligence system.

How California Driving Laws Differ

California sets itself apart with rules you won’t find in many other states. For example, you can recover some compensation even when you’re mostly at fault for an accident. Insurance minimums just doubled after being the same since the 1960s. And posted limits don’t override the Basic Speed Law that says you have to adjust your speed to driving conditions. Here’s a closer look at California driving laws:

California’s Pure Comparative Negligence

California, under California Civil Code §1714, follows pure comparative negligence, meaning you can recover damages with an insurance claim or personal injury settlement even if you’re mostly at fault. But your compensation drops according to your fault percentage. How does this look in practice? Say you’re 70% responsible for a crash because you changed lanes without signaling, while the other driver is 30% responsible, as they were speeding and texting. In this case, you can still recover 30% of your damages in California. However, in the many states using “modified comparative negligence,” you’d get nothing because you’re more than 50% responsible for the crash.

California’s Basic Speed Law

California Vehicle Code §22349 sets maximum speeds at 65 mph on multilane highways and 55 mph on two-lane undivided roads. Some rural interstates allow 70 mph. But remember: posted speed limits only apply in good conditions.

California’s Basic Speed Law requires safe speeds for current conditions regardless of posted limits. Going 65 in heavy rain can get you ticketed even when that’s the posted speed. If you cause an accident while under the limit, you’re still at fault for driving too fast for conditions.

California-Specific Rules

Here’s a rundown of some traffic laws that can catch out-of-state and Californian drivers off guard:

• Motorcycle lane splitting is legal. California, under California Vehicle Code §21658.1, is one of the few states where motorcycles can drive between lanes when done safely.
• No coasting downhill. Shifting into neutral while descending reduces control and is illegal in California per California Vehicle Code §21710.
• Pull over for five or more vehicles. On two-lane roads, according to California Vehicle Code §21656, slow-moving vehicles must pull over when safe and let a line of five or more vehicles pass.
• Give cyclists three feet. California Vehicle Code § 21760, the “Three Feet for Safety Act,” states that drivers must maintain at least three feet when passing cyclists.

Quick Reference Table: California Driving Laws vs. Other States

How Local Driving Laws Work in California

State laws create the legal framework, but cities and counties often make local adjustments that impact your daily driving in California. It’s essential to pay attention to local driving laws, as what’s enforced in one California city might not even exist in another.

Cities typically control residential speed limits, school zone hours, parking regulations, and traffic calming measures. A street might have a 20 mph limit under city ordinance, even though state law might allow 25 mph. For example, San Francisco has legally designated 20 mph speed zones in many neighborhoods, even though California’s state default for residential areas is 25 mph.

Local ordinances carry the same legal weight as state vehicle codes. Violating a city parking rule or speeding in a locally-designated zone means you broke the law with the same consequences as violating a state law. That’s why it’s crucial to keep up-to-date on your state and local traffic laws.

Download the Complete California Motor Vehicle Law Guide

Not knowing California’s traffic laws won’t be a valid “excuse” in a traffic stop or accident claim. Whether it’s the state’s pure comparative negligence rules, new insurance requirements, or city-specific speed limits, any violations can determine fault, which affects how much you recover.

Our complete California motor vehicle law guide explains California driving laws, from insurance requirements to comparative negligence rules. Learn when hiring a car accident attorney in California is essential to protecting your rights, and how ConsumerShield connects you with experienced lawyers.