As a driver, it’s essential to know what to do if you’re involved in an accident. While some drivers may never need this information, the reality is that most people will face this situation at some point. With nearly 400,000 miles of roadway in California carrying hundreds of thousands of vehicles daily, accidents are an unfortunate but common occurrence. Here’s a guide to help you navigate the steps you should take immediately following an accident.
California Accidents & You
California’s busiest highways see approximately 350,000 drivers each day, making accidents inevitable. Various factors contribute to the high accident rate, including distractions from modern technology like cell phones and GPS units, as well as alcohol, drug use, and speeding. Given these risks, every driver should be prepared to act responsibly not only while driving but also after an accident occurs.
After the Accident
When an accident happens, knowing what to do can make a significant difference. Here are the crucial steps to take:
- Assess the Situation and Call for Help
- If you’re able and not severely injured, check for injuries among all parties involved.
- Call 911 to report the accident and request medical assistance if needed. Be clear about your location, using landmarks or a GPS if necessary, to ensure help arrives promptly.
- Even if there are no apparent injuries, it’s essential to report the accident to the police and wait for their arrival.
- Ensure Safety at the Scene
- Move people away from traffic lanes to a safe location.
- If possible, move vehicles out of the roadway to prevent further accidents.
- Use markers or flares to warn other drivers of the accident scene.
- Document the Accident
- Exchange contact and insurance information with the other driver, including names, addresses, phone numbers, driver’s license numbers, insurance policy numbers, and vehicle details.
- Take photos of the accident scene, vehicle damage, and any relevant road conditions before moving the vehicles if it’s safe to do so.
- If you hit a parked car or property, leave a note with your contact information.
- Contact Your Insurance Company
- Report the accident to your insurance company promptly, providing all necessary details.
- Avoid admitting guilt or making statements that could jeopardize your claim.
- Contact an accident attorney before discussing the accident with anyone other than your insurance company or doctor.
- File an Accident Report
- In California, you must report the accident to the DMV within 10 days by filing a Form SR-1, Report of Traffic Accident Occurring in California.
- Failure to report the accident or carry proper liability insurance can result in license suspension.
- Avoid Premature Settlements
- Consult with your attorney before making any settlement agreements. Hidden injuries or long-term impacts may not be immediately apparent, and premature settlements could leave you with uncovered expenses.
- Obtain a body shop estimate for vehicle repairs and submit it to your insurance company.
California Accident Lawyer
Contacting a California accident lawyer as soon as possible is crucial. An experienced attorney can provide legal assistance, help you file the necessary forms with insurance companies and the DMV, and guide you through any legal processes that may arise from the accident. Most attorneys offer free consultations and work on a contingency fee basis, meaning there is no fee unless you win your case. Make sure to ask about fees and additional charges upfront.
How to File a California Personal Injury Lawsuit
If you decide to file a personal injury lawsuit, your attorney can help you understand what to expect. They will assess your case and provide an estimate of potential settlement or jury award amounts. Filing a lawsuit can be complex, but with professional guidance, you can navigate the process more effectively.
Accident Claims
Securing fair compensation for your accident claims is essential for recovering from the damage and injuries sustained. Here are some types of claims you may be entitled to:
- Medical Expenses: Coverage for current and future medical bills related to the accident.
- Lost Wages: Compensation for time off work due to injuries.
- Rehabilitation Costs: Expenses for any necessary rehabilitation or retraining.
- Survivor Benefits: Compensation for families in cases of wrongful death.
- Vehicle Damage: Costs for vehicle repairs or replacement.
Even under the best circumstances, being involved in an accident is a life-changing and traumatic experience. Being prepared and knowing what steps to take can help you act responsibly and swiftly, minimizing the negative impact on your life.
Conclusion
Accidents are an unfortunate reality for many drivers in California. By understanding the steps to take after an accident, you can ensure your safety, comply with legal requirements, and protect your rights. Always be prepared with an emergency kit, stay informed about California traffic laws, and know when to contact a professional for legal assistance.
Sources
- National Highway Traffic Safety Administration (NHTSA)
- Centers for Disease Control and Prevention (CDC)
- California Department of Motor Vehicles (DMV)
- American Bar Association (ABA)
- Legal Information Institute (LII)
- FindLaw