Under California car accident laws, drivers have specific rights and responsibilities designed to ensure safety, fairness, and proper handling of the incident:

Driver Responsibilities After a Car Accident

• Stop at the Scene: California Vehicle Code (CVC) §§20001 and 20002 require drivers to stop immediately at the scene of an accident, regardless of severity. If there are injuries or fatalities, the driver must remain at the scene and provide their driver's license and vehicle registration to authorities and other involved parties. If only property damage occurs, the driver must leave a written notice with their contact information if they cannot exchange it directly.

• Exchange Information: Under CVC §16025, drivers must exchange their driver's license, vehicle registration, and insurance information with other parties involved. This exchange facilitates insurance claims and legal processes.

• Report to Law Enforcement: If the accident results in injury, death, or significant property damage, the driver must report the accident to the police or California Highway Patrol within 24 hours, as mandated by CVC §20008. If law enforcement arrives at the scene, they will prepare an official report, and the driver may not need to file a separate one.

Rights of Accident Victims

• Right to Compensation: California follows a fault-based system, meaning the at-fault party is responsible for compensating damages. Victims have the right to seek compensation for medical expenses, lost wages, property damage, and pain and suffering.

• Establishing Negligence: To hold another driver liable, you must prove negligence, which involves showing:

  1. The other driver owed a duty of care (to drive safely).
  2. They breached that duty (e.g., by speeding or distracted driving).
  3. The breach caused the accident.
  4. You suffered damages as a result.

• Comparative Fault: California uses a comparative fault rule, which means if you are partially at fault, your compensation is reduced by your percentage of fault. For example, if your damages are $100,000 and you are 15% at fault, you can recover $85,000.

Additional Considerations

• Minor Drivers: If a minor causes an accident, their parent or guardian may be held jointly responsible for damages.

• Timely Reporting and Documentation: Promptly reporting the accident to law enforcement and your insurance company is crucial to protect your legal rights and facilitate claims.

In summary, after a car accident in California, you must stop and exchange information, report to authorities if required, and understand your right to seek compensation based on fault and negligence principles. Failure to comply with these responsibilities can lead to legal penalties, while knowing your rights helps you navigate the aftermath effectively.