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 Mandatory Duties:

  • Stop immediately: Pull over safely at the accident scene without obstructing traffic if possible.
  • Exchange identification: Provide your driver’s license, insurance information, and vehicle identification numbers to the other party or investigating officer.
  • Render medical assistance: Provide medical attention if reasonably able, including calling 911 immediately.

Note: Leaving the scene of an accident involving injury or fatality can result in severe felony hit-and-run 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 or days 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 always:

  • Cooperate fully with responding law enforcement officers.
  • Ask for the officer’s name, badge number, and agency report number.
  • Obtain a copy of the official accident report for your records.

If a police report is not taken at the scene, you may still need to file one directly 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 complete contact and insurance information with all involved parties, including:

  • Full legal name and valid telephone number
  • Driver’s license number and expiration state
  • Insurance policy number and insurance provider name
  • License plate number and vehicle make/model
  • Mailing address and email contact details

If there are multiple parties or other motorists involved, be sure to collect details from everyone at the scene.

Reporting to Your Car Insurance Company

Most auto policies require you to notify your car insurance company promptly after an accident. When reporting, you may be asked to provide:

  • The police report or official crash report number
  • Details regarding all vehicles and parties involved
  • Proof of vehicle damage and property damage documentation
  • Security verification or phone verification required to confirm identity

Important Warning: You are not legally required to give a detailed recorded statement to the at-fault driver’s insurance company. It is highly advisable to consult a Bay Area personal injury attorney before making any official statements.

Determining Fault Under California Law

Unlike no-fault states, California follows a traditional fault-based system. This means the at-fault driver is legally responsible for paying all resulting damages.

To determine fault, investigators and attorneys review:

  • The police report and impartial witness statements
  • Evidence of driver negligence, such as distracted driving or excessive speeding
  • Position of the vehicles and physical evidence at the crash scene
  • Full compliance with California traffic laws

California also applies pure comparative fault rules. This means if multiple parties share blame, damages are divided strictly according to each party's percentage of 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:

  • Insurance adjusters inspecting your damaged vehicle
  • Formal requests for complete medical records to verify crash-related injuries
  • Complex questions regarding property damage liability and medical payments coverage

In many circumstances, the other driver’s insurance company may try to deny responsibility or undervalue your total losses. That is when hiring experienced Oakland personal injury attorneys becomes essential.

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Medical Bills, Lost Wages, and Other Damages

Injured crash victims have the right under California law to pursue financial compensation for:

  • Current medical bills and projected long-term medical treatment
  • Lost wages and reduced future earning potential
  • Vehicle repairs or replacement value for your passenger vehicle
  • Non-economic damages, including pain and suffering and emotional distress

Depending on your specific facts, a personal injury lawsuit can also unlock additional financial recovery through specialized medical payments coverage or extra policy endorsements.

What About Property Damage to a Parked Car?

If your accident involves a parked car or unattended property, California law mandates that you locate the owner or leave a conspicuous note with your name, phone number, address, and insurance details. You must also notify the local police department without delay.

Failing to take these steps constitutes misdemeanor hit-and-run, resulting in fines, license suspension, and harm to your future claims.

Preserving Important Evidence

If you plan to pursue an injury claim, preserving evidence from the accident scene is vital:

  • High-resolution photos of all vehicle damage and road conditions
  • Clear pictures of visible physical injuries
  • Full contact details and written notes of witness statements
  • Copies of medical records, receipts, and official crash reports

Filing a Personal Injury Lawsuit

When insurance carriers refuse to offer a fair settlement, filing a personal injury lawsuit becomes necessary. Legal action seeks to:

  • Cover immediate medical expenses and future specialized care
  • Recover lost earnings and offset diminished earning capacity
  • Obtain full compensation for physical pain and emotional suffering
  • Hold negligent drivers fully accountable as permitted by law

At Blackhawk Law Group, we thoroughly prepare every personal injury case with trial readiness in mind, maximizing leverage during settlement discussions.

The Role of a Personal Injury Attorney

Working with an experienced personal injury attorney provides you with crucial advantages. Your attorney will:

  • Handle all communication and aggressive tactics from insurance carriers
  • Negotiate directly with the at-fault driver’s insurance provider
  • Guide you seamlessly through complex litigation steps
  • Advocate tirelessly to pursue maximum compensation allowed under California law

We operate on a contingency fee basis—you will owe no attorney’s fees unless we successfully recover compensation for you. (Clients may remain responsible for court costs and case expenses.)

Checklist for Drivers: What To Do If Someone Is Injured

  • Stop your vehicle safely and remain at the accident scene.
  • Call 911 immediately and render aid until medical personnel arrive.
  • Provide driver's license and insurance information to all involved parties.
  • Wait for officers and ensure an official report is filed with local police or CHP.
  • Seek emergency medical attention even if injuries seem minor at first.
  • Collect witness statements, photograph damages, and preserve all evidence.
  • Notify your car insurance company and initiate your claim.
  • Consult a personal injury attorney before giving statements to opposing insurers.

Blackhawk Law Group: Protecting California Drivers

At Blackhawk Law Group, we are dedicated to helping injured persons hold negligent drivers accountable under California law. From Oakland to Los Angeles, our attorneys combine trial readiness with a client-first philosophy:

  • Strong, client-focused representation in complex negotiations and litigation
  • Personalized strategies tailored specifically to your financial and medical recovery
  • Trial-tested representation when aggressive legal advocacy is needed most
  • Free 24/7 consultation with zero upfront legal fees

Free Consultation

If you’ve been involved in a car accident and need trusted legal counsel, don’t navigate the claims process alone. Call Blackhawk Law Group today at +1(925) 736 9990 for a free consultation. We’ll review your case and explain your legal rights clearly.

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.