Love, Lies, and Liability: The Myths That Cost People Money

By Attorney James Johnson

February brings rain, fog, and romance throughout California, and with it, I often find there are a surprising number of accidents and vehicle problems. What we see every year isn’t just injuries and defective cars, but people walking away from valid claims because they follow bad advice.

Here are the most common myths I’ve heard over the years and the truth behind them.

Myth #1: “If I wasn’t in a crosswalk, I don’t have a case.”
Not true. In California, drivers still have a legal duty to avoid pedestrians whenever possible. Even if you were outside a crosswalk, you may still be entitled to compensation under comparative fault laws.

Myth #2: “I didn’t go to the ER, so my injuries must not be serious.”
Many injuries—especially concussions, neck, and back injuries—don’t show symptoms right away. Delayed medical care does not automatically weaken a claim, particularly when treatment begins soon after symptoms appear.

Myth #3: “The driver stayed at the scene, so no one’s at fault.”
Cooperation does not equal innocence. Liability is based on conduct—speed, attention, visibility, and road conditions—not whether a driver did “the right thing” afterward.

Myth #4: “My car is annoying, but it’s not a lemon.”
Minor symptoms are early signs of hidden defects: electrical failures, EV battery issues, brake and sensor problems. Under California Lemon Law, repeated repairs or excessive time in the shop may be enough—even if the car still runs.

Myth #5: “My warranty expired, so it’s too late.”
Often false. If the defect first appeared during the warranty period, your rights may still be protected—even if repairs continued after the warranty ended.

Why Debunking These Myths Matters
Insurance companies and manufacturers rely on confusion and delay. The sooner you understand your rights, the more options you usually have. There are strict time limits for filing injury and lemon law claims, so don’t take advice from a friend or your insurance adjuster. You should speak with a qualified and experienced personal injury or lemon law attorney.

The Bottom Line
If something feels wrong after a crash—or your vehicle keeps failing—it’s worth getting accurate information a trusted lawyer before assuming nothing can be done. In California, that assumption is often costly. Give me a call at Johnson Attorneys Group and refer your friends at 1-800-208-3538. My consultation is complimentary and without obligation.