What Do I Do if I Was Hurt or Involved in a California Motor Vehicle Accident?

September 7, 2008

What do I do if I was hurt in a California motor vehicle accident is an often asked question. This informative article is designed to help the victim of a California car accident, motorcycle accident, bicycle accident, truck or bus accident. The information expressed in designed to assist you in taking the steps necessary to preserve your personal injury lawsuit claims for California areas like Los Angeles, Orange County, Sand Diego, Riverside and San Bernardino Counties.

1. If I Got in a Motor Vehicle Accident Am I Obligated to Pull Over and Exchange Information?

Absolutely. Under California law you are required to stop no matter what even if the accident is only single vehicle collision like a pedestrian accident, hitting a parked car involving property damage, or hitting a person who is riding a bike. If you were involved in a vehicular accident you need to stop and exchange insurance/bonding information and California drivers license identification. If you leave the accident scene without doing so, you can be criminally charged with hit and run, a very serious offense, even if the crash was not caused by your negligence!

If you crashed into stationary property like a sign, pole or parked vehicle, stop and try to determine who owned the property. If unable to locate the person or individual, you are legally obligated to leave a note that includes your name and address along with what transpired, as well as the identification of who owns your vehicle assuming it did not belong to you.

California law also requires that you contact the police department and make a property damage report, or if it involved an injury to an individual, an injury report as well. You should contact the California Highway Patrol (CHP) if the accident happened on a roadway not under the jurisdiction of the local police. If the cops refuse to help you at the scene then you need to make an over the counter report as soon as you can.

2. Am I Obligated to Render Physical Assistance to an Accident Scene Victim?

California law obligates you to help someone hurt in an accident you were involved in to the best of your abilities for the given circumstances. This could include giving CPR, calling the police, setting up a warning in the traffic lanes or even taking someone to the hospital unable to help themselves.

However, you should not move someone unless you are trained to render such help, or unless there is an eminent peril like they could get run over in a dark street, their car could explode due to a gas explosion; or blind corner as an example.

3. What Steps Can I Take to Get Emergency Responders to the Accident Scene?

You should use your cell phone and call emergency right away, or try and get the attention of a passing driver to call the fire department or police! If you are unsure of your precise location, do your best to explain the circumstances, what road you were on and where you were coming from and going to.

4. What Do I Need to Get an the Crash Site to Protect My Legal Rights?

Try and get the license plates of the vehicles involved. Use your cell phone camera or disposable camera you should always carry in your motor vehicle to take pictures of the accident scene, vehicle passengers, drivers and traffic conditions. Try and get the people there to give you their identifying info like drivers license numbers and California ID. If you were involved in a California motorcycle accident, get pictures of the skid marks and helmet.

5. Should I Admit It Was My Fault Even though I am Not An Accident Lawyer?

No way. Dont admit to anything. Just exchange the required information and call your lawyer. You are not trained in accident law and may think it was your fault even if it wasnt. Get medical attention and preserve your rights.

6. Do I Need to Go to the Doctor Even If I Feel O.K.?

Right after an accident, you will probably be shaken up and pumping with adrenaline, which is a natural pain killer. You could have serious injuries and be exacerbating them by performing normal activities. Get to the hospital right away.

7. Does California Law Require Me to File An Accident Report?

Absolutely and withing 10 days if:

* there is property damage of $750 or more; or

* an individual was killed or suffered an injury.

You need to obtain an SR-1 DMV Report, which is available online or from the CHP.

8. How Do I get My Motor Vehicle ar Fixed?

Assuming the guy or girl who hit you is legally responsible for damages to your motorcycle, car, truck, bus or bicycle, and they also have insurance, they must pay.

9. Can I get My Vehicle Fixed If The Person Who Hit Me Didnt Have Valid Liability Insurance?

If you have uninsured motorist insurance you can try and get your own insurance to pay. If not you are probably out of luck and will need to sue the person responsible or get them to agree to pay out of pocket. Good luck. GET UNINSURED MOTORIST COVERAGE!

Do I Need to Retain a Motor Vehicle Accident Attorney so I can Get Paid?

Probably. Many California vehicular accident lawyers take auto accident cases on a contingency fee basis. This means no recovery no fee. If you get a settlement or a verdict, your motor vehicle accident attorneys retain a percentage of the award. If there is no recovery, your legal counsel eats it and takes nothing.

10. Locating the Best California Injury Lawyers

Go online and look around. Understand that you need a local personal injury attorney to represent you. If injured in Los Angeles, retain Los Angeles car accident attorneys. If your were hurt in Orange County, get a local OC car accident lawyer. Whether a city like Newport Beach, Huntington Beach, Culver City, Venice Beach or Santa Monica, locate a lawyer who deals with the local courts and judges just in case your insurance claim doesnt settle.

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