Protect Yourself After a California Car Accident
The moments after a car accident are critical — not just for your health, but for your legal rights. As experienced California personal injury attorneys, we have seen too many clients lose valuable compensation because they did not know what steps to take at the scene. Whether you were rear-ended on the 405 or T-boned at an intersection in downtown Los Angeles, what you do in the minutes and hours following a collision can make or break your claim.
Step 1: Check for Injuries and Call 911
Your safety comes first. Check yourself and your passengers for injuries. Under California Vehicle Code Section 20001, if anyone is injured, you are legally required to stop and render reasonable aid. Call 911 immediately — the responding officers will create a traffic collision report (CHP Form 555 or local equivalent), which becomes essential evidence in your personal injury claim.
Step 2: Move to Safety If Possible
California Vehicle Code Section 20002(a) allows you to move vehicles out of traffic after a minor collision. If the cars are drivable and no one is seriously hurt, move to the shoulder or a nearby parking lot to avoid secondary accidents and keep traffic flowing.
Step 3: Exchange Information
California law requires drivers to exchange names, addresses, driver’s license numbers, vehicle registration numbers, and insurance information (Vehicle Code Section 16025). Write everything down or take photos of their license, registration, and insurance card. Never apologize or admit fault at the scene — even a casual “I’m sorry” can be used against you later.
Step 4: Document the Scene
Use your phone to photograph the damage to all vehicles from multiple angles, skid marks on the road, traffic signals, weather conditions, and any visible injuries. Capture the license plates of all vehicles involved and any witnesses. This documentation can be invaluable when insurance companies dispute the severity of the collision or try to shift blame.
Step 5: Seek Medical Attention Within 72 Hours
Even if you feel fine, see a doctor within 72 hours. Many serious injuries — including traumatic brain injuries, herniated discs, and internal bleeding — may not show symptoms immediately. A prompt medical evaluation creates a documented link between the accident and your injuries, which is critical for your claim. Insurance companies routinely argue that gaps in treatment mean your injuries were not caused by the accident.
Step 6: Report the Accident
If there is any injury, death, or property damage exceeding $1,000, you must file an SR-1 report with the California DMV within 10 days (Vehicle Code Section 16000). Failure to do so can result in suspension of your driver’s license.
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.
Step 7: Contact a Personal Injury Attorney Before Speaking to Insurance
Before giving any recorded statements to the other driver’s insurance company, consult with an experienced personal injury attorney. Insurance adjusters are trained to minimize your claim, and anything you say can be used to reduce your compensation. At Smilove & Rosenblum, we offer free consultations and handle all communication with insurance companies on your behalf.
Protect Your Rights — Call Us Today
If you have been injured in a California car accident, time is of the essence. The two-year statute of limitations under California Code of Civil Procedure Section 335.1 means you have a limited window to file your claim. Contact Smilove & Rosenblum at (800) 300-3226 for a free, no-obligation consultation. We work on a contingency fee basis — you pay nothing unless we win your case.
Related Resources
- Practice Area: Car Accident Attorney Services
- Practice Area: Wrongful Death Claims
- Dealing with Insurance Adjusters After a Car Accident
- California Statute of Limitations for Personal Injury
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.