Everything You Need to Know After You Are in a Car Accident

1. Call 911 if there are injuries

If you or anyone else require immediate medical assistance, do not wait for the police. Call 911 immediately and if you are unable, ask someone else to do it for you.

If possible, give your contact information to the other driver(s) before going to the hospital.

2. Call the police

The police do not always go to every accident scene depending on the severity and location of the accident. However, you should still always attempt to notify the police.

According to California Vehicle Code section 20008, the driver of a vehicle involved in “any accident resulting in injuries to or death of any person” involved should, within 24 hours, make a written report of the crash to the California Highway Patrol or to the police department of the city where the accident occurred.

Note that if a law enforcement officer comes to the scene of your accident, the officer will prepare a written report of the accident. In that case, you need not make a separate written report.

3. Take photos or record a video of the accident scene

If you have a camera or a cellphone, take photographs or record a video of the accident scene. Try to capture the damage to all vehicles, their position, and physical injuries suffered by yourself and others.

If there are external factors that might have contributed to the accident, such as defective traffic lights, poor weather conditions, and obstacles on the road, capture them as well.

Photographic evidence can help your car accident lawyer or insurance adjuster determine what happened and who was at fault. It can also protect you if someone later claims you are responsible for subsequent damage or injuries.

If you cannot take photos or record a video, ask someone, such as a witness at the accident scene, to assist you.

4. Move out of harm’s way

Cars blocking the road after an accident might cause another accident. Other motorists might not stop or swerve out of the way in time to avoid colliding with your vehicle or others.

If possible, move your vehicle off the road. However, if it is impossible or unsafe to do so, leave it, but try to alert oncoming traffic.

If someone was killed or badly injured in a car crash, wait for law enforcement to arrive before moving cars. That is unless they pose a significant hazard to other motorists.

5. Do not leave the scene of the accident

Do not leave the scene of an accident if someone was injured or killed unless you require immediate medical assistance. If you do, you can face a hit-and-run charge. Wait for the police to arrive.

As per California Vehicle Code 20001 (b)(1), failure to comply with the law shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

Note that if your vehicle is involved in an accident resulting only in property damage, you need to locate the property owner. If you cannot find the owner, leave a written notice on the property with your address, contact information, and an explanation of what happened. In addition, if you cannot find the owner, notify the police as soon as possible.

According to California Vehicle Code 20002 (c), anyone failing to comply with the above requirements is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

6. Exchange contact information

As per the California Department of Insurance, obtain the following information:

• Names, addresses, telephone numbers, and driver’s license numbers from all drivers
• License plate(s) and vehicle identification numbers. Ask to see the driver’s license(s) and vehicle registration(s) to verify the information is accurate

If you can, take a photo of these documents or write down the numbers.

If possible, get the names, addresses, and telephone numbers of passengers and witnesses. If a law enforcement officer arrives on the scene, write down their name as well.

Give your contact information to the other driver(s), regardless of who is at fault.

7. Document your injuries

The more evidence of the injuries you have sustained, the better the chances are that a personal injury attorney can seek damages on your behalf.

Take photos or make a video of any visible injuries you sustained as soon as possible after the accident. If you cannot do it yourself, ask someone to help you using your cellphone.

If you are in a hospital, ask a healthcare professional to take photos of your injuries as well, and make sure to obtain copies of your medical records

Serious car accident injuries sometimes include:

• Loss of limb(s)
• Fractured or broken bones
• Traumatic brain injury
• Spinal cord injury
• Back injury