What to Do After a Car Accident in California: A Step-by-Step Guide for Crash Victims

A car accident is often a disorienting, frightening, and overwhelming experience. In the moments, hours, and days after a crash, your decisions and actions can have a major impact — not just on your health and recovery, but also on your legal rights and ability to pursue compensation. This guide walks you through what to do immediately after a collision, how to protect your legal rights in California, and how to navigate the road ahead.

If you or a loved one has been injured in a California car crash, you can also contact the experienced auto accident attorneys at Steven M. Sweat, Personal Injury Lawyers, APC for a free consultation. (Steven M. Sweat)

Immediately After the Crash
Safety, Medical Care & Evidence Collection
Notification & Reporting Obligations
Dealing with Insurance & Insurance Adjusters
Documenting Your Injuries, Losses & Damages
Understanding California Traffic & Personal Injury Law
When to Consult an Attorney
What an Attorney Will Do for You
Common Pitfalls to Avoid
Statute of Limitations & Timing
Navigating Settlement vs. Trial
Final Thoughts & Next Steps

1. Immediately After the Crash

Remain Calm (as best you can)

In the aftermath of a crash, nerves run high. It’s normal to feel shaken, anxious, or confused. But maintaining composure — even in small ways — will help you make sound decisions and avoid mistakes that could hurt your recovery or case.

Secure Safety & Move to a Safe Location

If possible and safe, move your vehicle (or get yourself) to a safe area — off the roadway or to the shoulder. Turn on hazard lights, set warning triangles or flares (if you have them), and stay clear of traffic.

Call 911 / Emergency Services

Even if no one appears seriously injured, always call 911. Having an official police or CHP (California Highway Patrol) report can make a difference later. If someone is injured, request immediate medical assistance.

2. Safety, Medical Care & Evidence Collection

Seek Medical Attention Immediately

Even if you feel “fine” or your injuries seem minor (bruises, soreness, stiffness), some injuries—like internal bleeding, concussions, soft tissue damage, or whiplash—can become evident only later.

When you see a medical provider, ask for a full evaluation (e.g. imaging, neurological screening, etc.).
Ask for copies of all medical reports, diagnostic tests, and bills.
Follow all medical advice, attend all follow-up appointments, and keep careful records.

Your timely medical care not only protects your health, but also strengthens your legal claim later by showing causal connection between the crash and your injuries. (Steven M. Sweat)

Document the Crash Scene

Gather evidence while still at the scene (safely) or as soon as possible after:

Photographs/videos: capture damage to all vehicles, skid marks, traffic signals or signs, road conditions, weather, your injuries, injuries to others, vantage point from multiple angles.
Witness information: names, phone numbers, email addresses, and short statements (if willing).
Driver & vehicle info: name, contact, insurance, driver’s license, license plate, vehicle make/model.
Police report: get the report number, officer name and badge, and jurisdiction (city, county, CHP).
Diagram/sketch: a rough sketch of how vehicles collided, directions of travel, approximate distances, lane markings, obstacles, etc.
Other relevant data: dashcam footage, surveillance cameras, cellphone video, traffic cameras nearby, black box (if available).

This evidence can be critical later to reconstruct the crash and establish fault or liability.

3. Notification & Reporting Obligations

Exchange Information Legally

California law requires that if you’re involved in a collision that causes injury, death, or damage, you must exchange certain information with the other party:

Name, address, driver’s license number
Vehicle license plate
Insurance information
The “name and address of the person, if any, in whose behalf the vehicle is being driven, and the name and address of the owner of the vehicle” (i.e., not just the driver)

Failing to exchange required information can lead to criminal penalties.

Report to Authorities & File a Crash Report (If Required)

In California, if the crash caused injury or death, or property damage exceeding $1,000 (or damage to government-owned property), you must file a SR-1 report with the DMV within 10 days. The police report is distinct but also important.

The SR-1 form is a requirement under the California Vehicle Code (CVC). Not filing it timely can affect your recovery or even lead to penalties.

Notify Your Insurance Company Promptly

Even though dealing with insurers can be tricky, you must give prompt notice of the accident to your own insurer (if you have coverage). Be careful what you say: stick to basic facts (when, where, who, what happened), but avoid speculating or admitting fault. Let your attorney coordinate more detailed statements or communication if possible.

4. Dealing with Insurance & Insurance Adjusters

One of the most critical (and potentially dangerous) phases is interacting with insurance companies — yours and the at-fault party’s.

Understand the Role of Adjusters

The adjuster’s job is to protect the insurer’s interests, not yours.
They may try to get you to accept a quick, lowball settlement before you fully understand your injuries or damages.
They may employ tactics to minimize payouts—e.g. arguing preexisting conditions, partial fault, or challenging causation.

Do Not Accept an Early Offer Without Evaluation

Insurance companies often push a fast settlement soon after the crash, hoping you’ll accept before your full medical picture emerges. Don’t fall into that trap.

Be Cautious with Recorded Statements

Adjusters may ask for recorded statements or even deposition-style recordings. You are not obligated to give one without legal counsel. It is often best to refer the request to your attorney.

Preserve All Correspondence

Save all letters, emails, app messages, and notes of phone calls (date, time, name, what was said). These may become evidence later.

5. Documenting Your Injuries, Losses & Damages

To build a strong damage claim, you must carefully track all losses tied to the crash. That includes both economic and non-economic damages.

Economic (Out-of-Pocket) Losses

Medical bills (hospital, doctor, therapy, imaging, prescriptions)
Future medical costs (ongoing care, physical therapy, assistive devices)
Lost wages, diminished earning capacity
Property damage (repair or replacement of vehicle, personal property)
Transportation costs (to/from medical appointments)
Other outlays (caregiving, home modifications, etc.)

Non-Economic Losses

Pain & suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (for spouses)
Disfigurement or scarring
Disability or impairment

In California, courts and adjusters use different methods (per diem, multiplier, comparative fault adjustments) to quantify non-economic damages. You can read more about how claims are valued in California on victimslawyer’s FAQ “How Much Is My Car Accident Claim Worth in California?” (Steven M. Sweat)

Keep a Daily Journal

Maintain a journal or diary documenting how your injuries affect daily life — pain levels, emotional state, sleep disruption, household tasks you cannot do, etc. Judges and juries sometimes find such contemporaneous records persuasive.

Keep All Medical Records & Expert Reports

Collect and retain:

Medical records, imaging, test results
Doctor’s notes, diagnoses, prognosis
Expert medical opinions, if applicable
Records of rehabilitative treatment and outcomes

This document trail strengthens your case and counters defense attempts to downplay causation or severity.

6. Understanding California Traffic & Personal Injury Law

The legal framework in California imposes specific rules and doctrines that shape how car accident claims are handled.

Negligence as the Legal Standard

Most car crash claims are based on negligence. The elements you must establish are:

Duty — the defendant had a legal duty to drive carefully
Breach — they violated that duty (e.g. by speeding, running a red light, distracted driving)
Causation — their breach caused your injury
Damages — you suffered losses as a result

Comparative Fault / “Pure Comparative Negligence”

California follows a pure comparative fault system. This means:

Even if you share fault (e.g. 20 % at fault, other party 80 %), you can still recover damages — you just have your recovery reduced by your percentage of fault.
However, if you are 100 % at fault, then there is no recovery.

Because of this rule, ensuring fault is minimized is essential.

Proving Causation (Linking the Crash to Injuries)

The defense may argue that your injuries preexisted, were aggravated by other causes, or are not fully attributable to the accident. That’s why medical timing, expert testimony, consistent medical care, and contemporaneous records are important.

Statutory & Regulatory Rules

California Vehicle Code (CVC) provisions may apply (e.g. rules of the road, speed limits)
Regulations regarding commercial vehicles (size, load, driver fatigue rules)
Evidence rules, expert testimony, and court procedural rules

If there are multiple liable parties (driver, vehicle owner, manufacturer, government for road conditions), claims may become complex.

7. When to Consult an Attorney

Not every crash will demand a lawyer, but many do. You should strongly consider contacting an experienced California car accident attorney if:

You or a loved one suffered serious or long-term injuries
There is a dispute over fault or liability
The insurance company is offering a low settlement
You have difficulty obtaining full medical or wage records
You foresee needing expert witnesses (medical, accident reconstruction)
Multiple parties or commercial vehicles are involved
You want someone to negotiate on your behalf to avoid mistakes

Steven M. Sweat, Personal Injury Lawyers, APC offers free consultations and works on a contingency fee basis (no attorney fees unless recovery) (Steven M. Sweat)

Their Car Accidents / Auto Injury practice area page provides further detail on how they assist crash victims across California. (Steven M. Sweat)

You can also consult their FAQ pages for guidance on selecting an attorney, what questions to ask, and how compensation is calculated. (Steven M. Sweat)

8. What an Attorney Will Do for You

Once you retain an experienced personal injury attorney (especially one with California car accident experience), here’s what they typically handle:

Case evaluation & investigation — review crash evidence, police reports, medical records, liability issues
Evidence gathering & expert retention — accident reconstruction, medical experts, life care planners, economists
Communication with insurers — handling demands, negotiations, pushback on low offers
Filing suit if necessary — preparing and filing a complaint in the proper court, overseeing litigation
Representation in hearings/trial — motion practice, depositions, witness examination, argument
Settlement negotiation or trial — seeking your maximum compensation
Managing deadlines & procedural compliance — statute of limitations, court rules

They essentially act as your legal advocate, leveraging experience and resources to level the playing field against insurance companies.

You can learn more about what personal injury lawyers do via their FAQ “What Do Personal Injury Lawyers Do?” (Steven M. Sweat)

9. Common Pitfalls to Avoid (and What the Defense Will Try)

Because insurance companies try to reduce liability and payments, crash victims often fall into traps (sometimes unknowingly). Avoid these:

Delaying Medical Care

Waiting even a few days to see a doctor can give the defense ammunition to argue your injuries weren’t severe or causally connected.

Accepting an Early Settlement

The initial offer may seem tempting, but it’s often far below your actual losses once all injuries materialize.

Giving a Recorded Statement Without Counsel

Your statements can be twisted or misinterpreted. Always consult your lawyer before giving recorded statements.

Posting on Social Media

Anything you post about your activities, vacations, “feeling good,” or “working out” can be used to argue your injuries aren’t severe.

Signing Releases or Waivers Too Soon

Insurance may ask you to sign a release of liability. Don’t sign anything without legal review.

Failing to Preserve Evidence

Lose photographs, medicine receipts, medical records, car parts — these all help your case later.

Letting Deadlines Lapse

Missing filing deadlines or statute of limitations can bar your claim entirely.

Ignoring Partial Fault Strategies

Because California reduces recovery by your fault percentage, your lawyer should carefully evaluate and mitigate your share of fault.

10. Statute of Limitations & Timing

Time is of the essence in personal injury claims. In California:

The statute of limitations for a personal injury claim (including car accidents) is 2 years from the date of the collision (CIV § 335.1).
If a government vehicle or government entity is involved, shorter deadlines may apply (often 6 months for claims against a public entity)
For wrongful death claims, the statute is also 2 years from date of death (Cal. Code Civ. Proc. § 335.1)

Missing these deadlines generally prevents you from pursuing compensation. Your attorney will ensure timely filings and tolling strategies if needed.

11. Navigating Settlement vs. Trial

Settlement Phase

Most car accident claims resolve via settlement rather than going to court. Your attorney will present a demand package (medical records, damage summary, legal argument) and negotiate with the insurer. The goal is to reach a fair settlement that reflects your true losses and future needs.

When Litigation is Needed

If insurers refuse fair terms or liability is disputed, it may be necessary to file suit. During litigation:

Discovery (exchange of evidence)
Depositions (witnesses under oath)
Motions (legal arguments to dismiss or shape issues)
Expert testimony
Trial before judge or jury

A successful trial can lead to higher awards, but also carries risk, more time, and additional costs. An attorney will guide you in deciding whether to settle or push to verdict.

12. Final Thoughts & Next Steps

Experiencing a car crash is stressful, but taking the right actions early on can preserve your health, your legal rights, and your ability to achieve fair compensation. Here’s a quick roadmap:

Ensure safety, call 911, get medical help
Document thoroughly at scene (photos, info, witnesses)
Report as required (SR-1, police, insurer)
Seek consistent medical care and retain all records
Avoid hasty statements or premature settlement
Consider consulting a knowledgeable California car accident attorney
Monitor deadlines and preserve evidence
Let your attorney advocate, negotiate, or litigate

If you need help understanding how these steps apply in your specific accident, or want to talk through your case, reach out to Steven M. Sweat, Personal Injury Lawyers, APC for a free case review. (Steven M. Sweat)

To learn more about how car accident claims fit within their practice, check their “Car Accidents / Auto Injury” page. (Steven M. Sweat)

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