If you have an accident in which someone is injured, California law places very clear obligations on drivers. Beyond the human instinct to help, there are legal requirements around stopping, rendering aid, contacting local police, and filing proper reports. Failing to follow these rules can result in serious penalties, and it can also complicate any future personal injury claim.
At Blackhawk Law Group, we have decades of experience helping injured persons and their families navigate the aftermath of car accidents. This guide explains what California requires drivers to do at the accident scene, what reports must be filed, how liability is determined, and what happens when insurance companies get involved.
The Legal Duty to Stop When Injuries Are Involved
Under state law, drivers cannot leave the scene of a car crash if anyone has been injured. Whether the collision involves another driver’s vehicle, a parked car, or a pedestrian, you must stop and provide assistance.
California Vehicle Code requires all parties involved to:
- Stop at the accident scene without obstructing traffic if possible.
- Provide your driver’s license, insurance information, and vehicle identification numbers to the other party or investigating officer.
- Render medical attention if reasonably able, such as calling 911.
Leaving the scene of an accident involving injury can result in criminal charges.
Seek Medical Attention Immediately
Even if visible injuries are not immediately apparent, it is critical to seek medical attention after a traffic collision. Some injuries, such as internal bleeding, concussions, or whiplash, may only emerge hours later.
For motor vehicles crashes with serious injuries, emergency medical personnel will typically be dispatched by the California highway patrol or local police. Make sure to document all medical treatment, because medical records will form the foundation of any future injury claim.
Calling the Police and Filing a Police Report
When police arrive at the scene, they will create a police report or crash report. This is important evidence for determining fault and is usually required by the police department.
You should:
- Cooperate with the responding officers.
- Ask for the officer’s badge number.
- Obtain a copy of the accident report for your records.
If a police report is not taken at the scene, you may still need to file one with the California Department of Motor Vehicles (DMV) within 10 days if the accident caused injury, death, or more than $1,000 in property damage.
Exchanging Contact and Insurance Information
California law requires drivers to exchange contact and insurance information with all involved parties. This includes:
- Full name and valid phone number
- Driver’s license number
- Insurance policy details and insurance provider
- License plate number of the driver’s vehicle and other driver’s vehicle
- Email address switch and mailing address if requested
If there are multiple parties or other motorists involved, be sure to collect details from everyone.
Reporting to Your Car Insurance Company
Most policies require you to notify your car insurance company after an accident. When you call, you may be asked to provide:
- The accident report or police report
- Details of the vehicles involved and parties involved
- Proof of vehicle damage and property damage
- A phone number select or phone verification required step to confirm your identity
Remember, you are not required to give a detailed recorded statement to the other driver’s insurance company. It is wise to consult a Bay Area personal injury attorney first.
Determining Fault Under California Law
Unlike no fault states, California follows a fault based system. This means the at fault driver is legally responsible for damages.
To determine fault, investigators look at:
- The police report and witness statements
- Evidence of else’s negligence, such as distracted driving or speeding
- The position of vehicles involved at the scene
- Compliance with traffic laws
California also applies comparative fault, meaning if multiple parties share blame, damages may be divided according to each party’s responsibility.
Insurance Claim and the Claims Process
Once you notify your car insurance company, you may need to file a claim with either your own insurer or the other driver’s insurance company. This claims process can involve:
- Adjusters inspecting the damaged car or own vehicle
- Requests for medical records to verify injuries related to the crash
- Questions about property damage liability and medical payments coverage
In certain circumstances, the driver’s insurance company may try to deny responsibility or undervalue your losses. That is when hiring Oakland personal injury attorneys becomes essential.
Medical Bills, Lost Wages, and Other Damages
Injured victims may have the right to pursue compensation for:
- Medical bills and ongoing medical expenses
- Lost wages due to time away from work
- Vehicle damage and repairs to your driver’s vehicle
- Non economic damages such as emotional distress and pain and suffering
Depending on the facts, a personal injury lawsuit could include medical payments coverage or additional coverage depending on your insurance policy.
What About Property Damage to a Parked Car?
If your accident involves a parked car or other unattended property, you are still required to leave your insurance information and driver’s license details. You may also need to notify the local police or police department.
Failing to do so can lead to fines and can hurt your ability to recover damages later.
Preserving Important Evidence
If you plan to pursue an injury claim, you should preserve evidence from the accident, including:
- Photos of vehicle damage and damaged car parts
- Pictures of visible injuries
- Contact details for any witness statements
- Copies of medical records and crash reports
This evidence will be critical if the driver’s insurance company disputes your legal process or liability.
Filing a Personal Injury Lawsuit
When insurance companies refuse to offer a fair settlement, your attorney may recommend filing a personal injury lawsuit. This legal action can seek to:
- Cover medical expenses now and in the future
- Recover lost wages and reduced earning potential
- Obtain compensation for emotional distress and pain
- Seek to hold the at-fault driver accountable for financial damages as permitted by law.
At Blackhawk, we thoroughly prepare every personal injury case for trial to ensure our clients are in the strongest possible position during settlement negotiations.
The Role of a Personal Injury Attorney
Hiring an experienced personal injury attorney gives you the best chance at achieving justice. Your lawyer can:
- Handle communication with each insurance provider
- Negotiate directly with the other driver’s insurance company
- Guide you through the legal process from start to finish
- Advocate to pursue the compensation available under California law
We work on a contingency fee basis, you won’t owe any attorney’s fees unless we compensation is recovered in your case. Clients may still be responsible for court costs and expenses.
Checklist for Drivers: What To Do If Someone Is Injured in a Car Accident
- Stop your driver’s vehicle safely and remain at the accident scene.
- Call 911 and render aid until medical personnel arrive.
- Provide your driver’s license and insurance information to all involved parties.
- Wait until police arrive and ensure a police report is filed with the police department or california highway patrol.
- Seek medical attention immediately, even if injuries aren’t immediately apparent.
- Collect witness statements, take photos of vehicle damage, and preserve evidence.
- Notify your car insurance company and file a claim with your insurance provider.
- Consult a personal injury attorney before speaking with the other driver’s insurance company.
Blackhawk Law Group: Protecting California Drivers
At Blackhawk Law Group, we are dedicated to helping injured persons seek to hold negligent drivers accountable under California law. From Oakland to Los Angeles, our attorneys combine trial readiness with a client-first approach.
- Strong, client-focused representation in negotiations and litigation with insurance companies
- Personalized strategies tailored to your situation
- Trial-tested representation when legal help is needed most
- A free consultation, and no attorney’s fees unless we recover compensation for you. (Clients may still be responsible for court costs and expenses.)
Free Consultation
If you’ve been involved in a car accident and need legal counsel, don’t face the claims process alone. Call Blackhawk Law Group today at (925) 736-9990 for a free consultation. We’ll review your case and help you understand your legal rights and options.
Final Thoughts
Knowing what to do if you have an accident in which someone is injured is not just about legal compliance, it’s about protecting your future. From medical bills and lost wages to emotional distress and property damage, the consequences can be overwhelming. But with strong legal help from Blackhawk, you don’t have to face them alone.