Know your rights and responsibilities following a California car crash, including when you need to exchange info or call the police.
When you’re involved in a car accident, it’s vital to understand your duties and rights. California drivers have specific legal obligations after a collision. Learn the laws now to avoid costly consequences in a future crash.
This article includes critical information regarding how to handle a California car accident. You can also read Division 10 of the California Vehicle Code to learn more.
1. California Driver Exchange of Information Law
After a California traffic accident that results in injuries, every driver involved is required to exchange specific information. First, you must immediately stop at the scene of the crash. Then, you must provide the other driver with your name, address, and vehicle registration number.
You are also required to provide the name and address of any injured passengers plus the name and address of the vehicle’s owner (if it’s not you).
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle, and the name and current residence address of the owner to the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident.
Any driver or injured occupant of a driver’s vehicle shall, upon being requested, exhibit his or her driver’s license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.
The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Section 20003.
2. California Car Accident Injury Law: Duty to Render Aid
Following a car crash, California law requires all drivers to provide aid to anyone apparently injured during the accident. You can fulfill your duty to render “reasonable assistance” by transporting the injured person to medical facilities or calling for an ambulance or other transportation.
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
3. California Law on Reporting a Car Accident to Police
California law requires drivers to file a written report within 24 hours of an accident where someone gets hurt or dies. You can file the report with the California Highway Patrol or, if the crash occurred in a city, with the local police department.
If the accident incapacitated the driver, a passenger must file a police report of the crash in the driver’s place.
The driver of a vehicle involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred.
Whenever the driver of a vehicle is physically incapable of making a required accident report, any occupant in the vehicle at the time of the accident shall make the report or cause it to be made.
What if I Fail to Report an Accident in California?
Failure to report an accident when required by California law is an “infraction.” Receiving an infraction typically results in a fine, but it cannot result in jail time.
Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code.
4. California Car Accidents With No Injuries: Your Legal Duty
If you are involved in a California car crash that only causes property damage, you must stop at the scene and locate the damaged property’s owner. Once you find them, you need to provide information to the owner, including your name and address, plus the name and address of the car’s owner.
If requested, you also need to show your driver’s license and the registration for your car.
The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.
The driver shall also immediately locate and notify the owner of the name and address of the driver and owner of the vehicle involved and, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner.
If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.
5. What if I Hit a Parked Car in California?
When you hit a parked car, California law requires you to stop and try to find the other vehicle’s owner.
Once you find the owner, you must provide them with your name and address plus the name and address of your vehicle’s owner. You also need to display your driver’s license and the vehicle’s registration if the other car’s owner requests you to do so.
If you cannot locate the owner, you must leave a note on the other car where the other owner will find it. The message must include your name and address and the name and address of your vehicle’s owner. You also must provide a brief description of what happened and file a police report with the Highway Patrol or local law enforcement.
The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.
The driver shall also immediately do either of the following:
- Locate and notify the owner of the name and address of the driver and owner of the vehicle involved and, upon being requested, present his or her driver’s license, and vehicle registration. The information presented shall include the current residence address of the driver and of the registered owner.
- Leave in a conspicuous place on the vehicle a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or the local headquarters of the Department of the California Highway Patrol.
Hopefully, you will not need to use your knowledge of California’s car accident laws. However, knowing your responsibilities now can help you avoid serious and costly mistakes if you are ever involved in an accident.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…