Legal Responsibilities in a Car Accident: What San Diego Drivers Need to Know

Car accidents are overwhelming, even when they are minor. The aftermath often involves confusion, stress, and uncertainty about what steps to take next. In California, drivers involved in an accident have specific legal obligations they must fulfill. Failing to meet these responsibilities can lead to legal consequences and complicate any potential insurance or legal claims.

Understanding your duties under California law ensures you protect your rights and comply with the law. Here’s a detailed guide to the legal responsibilities of drivers involved in car accidents in San Diego.

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1. Stop Immediately at the Scene

California Vehicle Code section 20001 requires drivers involved in any accident to stop immediately. Leaving the scene—commonly referred to as a “hit-and-run”—can result in severe penalties, including fines, license suspension, and even jail time. Whether the accident involves property damage, injuries, or fatalities, remain at the scene until all necessary steps are completed.

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2. Ensure Safety First

After stopping, prioritize safety:

• If possible, move vehicles out of traffic to prevent additional accidents.
• Turn on hazard lights to alert other drivers.
• Check yourself and others involved for injuries and call 911 if anyone is hurt.

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3. Report the Accident to Law Enforcement

When Must You Report the Accident?

Under California law, drivers must report any accident involving:

• Injuries (to any party, no matter how minor).
• Deaths.
• Property damage exceeding $1,000.

Who to Notify

• Call the police or California Highway Patrol (CHP) from the scene if injuries or fatalities are involved. In San Diego, this typically means contacting the San Diego Police Department or CHP, depending on the location of the accident.
• If no officer arrives at the scene, you must still file a written report with the local law enforcement agency or CHP within 24 hours.

Failing to report an accident as required can result in fines and may complicate any claims for damages or injuries.

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4. Exchange Information With Other Parties

California law requires drivers to exchange the following information with the other party or parties involved:

• Name and address.
• Driver’s license number.
• Vehicle registration details.
• Insurance information (including the name of your insurer and policy number).

It is also a good idea to collect:

• Phone numbers.
• The make, model, and color of other vehicles involved.
• License plate numbers.
• Names and contact information of any witnesses.

Being thorough now can save significant time and hassle later.

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5. Notify Your Insurance Company

Most insurance policies require prompt notification of any accident, even if you are not at fault. Failing to report an accident to your insurer may jeopardize your coverage, so notify them as soon as possible and provide any requested documentation.

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6. File a Report With the DMV

If the accident resulted in:

• Injuries.
• Death.
• Property damage exceeding $1,000.

You must file an SR-1 form with the California Department of Motor Vehicles (DMV) within 10 days. This requirement applies regardless of fault. You can find the SR-1 form on the DMV website or request it by mail.

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7. Protect Your Legal Rights

Accidents involving serious injuries or fatalities can lead to complex legal and insurance disputes. To protect your rights:

• Avoid admitting fault: Statements made at the scene can be used against you later.
• Document everything: Take photos of the scene, vehicle damage, and any visible injuries.
• Consult an attorney: Particularly in cases of catastrophic injury or wrongful death, having experienced legal representation is crucial.

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Why Choose The Hulburt Law Firm?

The Hulburt Law Firm specializes in representing victims of catastrophic injury and wrongful death in San Diego. Our award-winning trial attorneys, Conor and Leslie Hulburt, are dedicated to securing justice for those whose lives have been forever changed by serious accidents. We understand the emotional and financial toll these events take, and we are here to help every step of the way.

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The Truth Demands Justice

Knowing your legal responsibilities after a car accident in San Diego is critical for protecting yourself and others involved. Following these steps ensures compliance with California law and sets the stage for a smoother recovery process.

If you or a loved one has been injured in a car accident, you deserve compassionate and experienced legal representation. Contact our San Diego Car Accident Attorneys today for a free consultation. We are committed to helping you find the truth and holding those responsible accountable, because at Hulburt Law Firm, The Truth Demands Justice.

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Related Content:

• San Diego Car Accident Attorneys
• Types of Car Accidents in San Diego: Common Scenarios and Their Impact

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