Helping at an Accident Scene Without Fear of Liability
When you witness a car accident, your instinct may be to rush over and help — pull an injured person from a vehicle, apply pressure to a wound, or perform CPR. But many people hesitate, worried that they could be sued if their well-intentioned efforts somehow make things worse. California’s Good Samaritan laws are designed to eliminate that fear and encourage bystanders to provide emergency aid.
California’s Good Samaritan Protections
California Health and Safety Code Section 1799.102 provides broad protection to anyone who renders emergency care at the scene of an emergency. Under this law, no person who in good faith, and not for compensation, renders emergency care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission in rendering that care. This protection applies to both medically trained individuals and ordinary bystanders.
What the Law Covers
The Good Samaritan law protects actions like calling 911 and staying with an injured person until help arrives, performing CPR or first aid on an unconscious person, applying pressure to a bleeding wound, moving an injured person out of immediate danger (such as from a burning vehicle), and providing comfort and reassurance to accident victims. The key requirements are that you act in good faith (genuinely trying to help), you do not expect compensation for your assistance, and you do not act with gross negligence or willful misconduct.
Limits of Good Samaritan Protection
The law does not provide blanket immunity in all situations. Protection may not apply if you caused the emergency in the first place, you provide care outside the scope of your training in a reckless manner, you expect payment for your assistance, or your actions amount to gross negligence (a significant departure from what a reasonable person would do).
The Duty to Stop: California’s Hit and Run Laws
While you are not legally required to provide medical aid to accident victims (unless you caused the accident), California Vehicle Code Section 20003 does require anyone involved in an accident resulting in injury or death to provide reasonable assistance to injured persons, including arranging transportation to a medical facility if needed.
Be a Good Samaritan — But Be Smart
If you witness an accident, the most important thing you can do is call 911 immediately. If you are trained in first aid, provide assistance within the scope of your training. Do not move an injured person unless they are in immediate danger (such as a fire). Take photos and provide your contact information as a witness — your testimony could be critical to the victim’s personal injury claim.
Free Guide: Know Your Rights After an Accident
Download our free guide in English & Tagalog. Learn the critical steps to protect yourself, how to deal with insurance companies, and what compensation you may be entitled to under California law.
Questions About Your Rights?
Whether you are an accident victim or a Good Samaritan, the attorneys at Smilove & Rosenblum can answer your legal questions. Call (800) 300-3226 for a free consultation.
Related Resources
- Practice Area: Car Accident Attorney Services
- Practice Area: Pedestrian Accident Claims
- What to Do After a Car Accident in California
- Hit-and-Run Accidents in California
Related Practice Areas
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Free Guide: Know Your Rights After an Accident
Download our free guide in English & Tagalog. Learn the critical steps to protect yourself, how to deal with insurance companies, and what compensation you may be entitled to under California law.