Car accidents can happen anywhere in San Diego, from the 805 to an intersection in the Gaslamp Quarter. No matter where they happen, however, it’s important for the drivers involved in them to know the steps to take to keep themselves safe and protected. The decisions and actions that confront drivers in the moments and days after an accident can have a significant impact on their legal and financial rights.
Here’s a checklist for what to do after (and even before) a car accident in San Diego. For answers to your questions about a San Diego car accident that harmed you or a loved one, contact a skilled attorney today.
According to AARP, more than 6 million car accidents occur each year in the U.S. In California, accidents kill or injure more than 5,600 people annually as of 2018. If those numbers tell us anything, it’s that car accidents are all too common. Everyone can benefit by thinking ahead and planning for the worst.
Of course, you hope you’ll never get into a car accident. Since a risk always exists that you could be involved in one, it helps to keep these supplies in your car at all times:
We know this isn’t technically a step you can take after an accident, but taking it before can facilitate the other items we discuss below.
Immediately call 911 after any San Diego car accident, no matter how seemingly minor. This will summon first responders, including police and emergency medical technicians who can render first aid if necessary.
Do not leave the scene of the accident. As a general rule, California law requires you to remain at the accident scene until help arrives and information has been exchanged with other drivers. Leaving the scene before then could constitute a misdemeanor, and could put your rights to compensation for your injuries and losses in jeopardy.
This rule permits you to move your vehicle, or yourself, away from the site of the crash if necessary to ensure your or others’ safety and/or to reduce the risk of a secondary car accident. But do not go further than necessary, as you will need to interact with first responders.
If you can do so safely, check to see if any of the occupants in your or any other vehicle are injured. If possible, do this while you are on the phone with the 911 dispatcher, to ensure that first responders have advance notice of any serious injuries they may need to treat.
In addition, if you can do so safely, render any necessary first aid to injured crash victims until first responders arrive. California law generally protects you from liability in rendering that aid, so long as you do so in good faith.
By law, you must exchange the following information with anyone else involved in your San Diego car accident:
You must also give this information to any police officer who responds to the scene of your accident (see below).
In addition to the information above, it is also important to exchange auto insurance with the other drivers in the accident. In many cases, those parties’ insurance coverage will play a central role in compensating you for your injuries and losses in the crash.
Police and emergency medical technicians (EMTs) should arrive shortly in response to your 911 call. They will assume control and responsibility for the crash scene, including providing emergency medical treatment, collecting information, and investigating what happened.
Supply the information listed above to the police when they ask for it, and follow any directions the police give you. A police officer will probably also want to ask you questions. Answer clearly and truthfully, but stick to the facts.
Try not to get drawn into blaming anyone for the accident, and avoid saying anything that a police officer might misinterpret as you accepting responsibility for what happened (such as apologizing or commenting that you should have done something to avoid the accident). Be sure to note the officer’s name and badge number for future reference.
Follow the same playbook when interacting with EMTs. Let them check you over for injuries. Answer their questions accurately and stick to the facts. You should also take their advice. If they want to transport you to the hospital, then go with them. EMTs have training in spotting injuries that could worsen if not treated right away. Do not risk your health by ignoring their assessment of your condition and immediate medical needs.
In addition to exchanging information with others involved in the accident, it can help protect your rights to try to take photos or videos of the accident scene, such as:
The idea in capturing these images is to create a visual record of what the car accident scene looked like before cleanup crews and tow trucks arrived to clear the road. That record may prove useful to an attorney in pursuing your rights to compensation later on.
In gathering this evidence, however, never interfere with first responders or put yourself or others in danger. The police will also gather evidence, including photos, at the scene, so if you cannot do so safely, you should not try to do so at all.
Always get a medical evaluation after any San Diego car accident, even if you don’t feel hurt. Numerous injuries, including brain trauma and organ damage, may not exhibit symptoms right away. Even an EMT might miss them.
Within 24 hours of the accident, get checked out by your regular doctor or at a local urgent care clinic. A thorough evaluation by a trained medical professional will identify and allow for treatment of any injuries you suffered. This protects your health, which is paramount. It also ensures the creation of medical records that a lawyer representing you may need to prove the harm you suffered in the accident.
Many auto insurance policies require policyholders to report accidents soon after they occur as a condition of paying for accident damage. Check your policy right away to see if you have that obligation and, if you do, contact your insurer to report the crash.
As with interactions with police and EMTs, stick strictly to the facts in notifying your insurer about what happened. Do not try to place blame, and do not say anything that your insurer could interpret as you accepting fault for what happened.
If you need help figuring out if you must report the accident to your auto insurer, ask an experienced San Diego car accident attorney for help.
Within a week or two of your car accident, the police who responded to the scene will have prepared a report of the accident. As someone directly involved in the crash, you have the right to obtain a copy of that report.
Click the links below for more information, or call the local police department that responded to your accident.
Keep in mind that a police report is not the final word on what or who caused an accident in San Diego. It’s an initial assessment performed by a police officer at the scene and shortly afterward.
Do not panic if the report lays some (or even all) of the blame at your feet. An experienced car accident injury lawyer can often identify contributing factors in the crash that the police did not consider and obtain compensation for you on that basis.
If someone else’s dangerous actions caused your San Diego car accident, that party or someone representing them may offer to “settle” with you. If that happens, be careful.
A settlement is a payment made in exchange for relinquishing your legal rights. Agreeing to a settlement typically means permanently giving up your ability to sue for damages. You should only agree to a settlement if you know, for certain, that the amount of money offered represents a fair payment for the harm you suffered in light of your injuries and losses and the at-fault party’s ability to pay.
Settlement offers made directly to crash victims like you rarely represent a fair payment amount. At-fault drivers and their insurance companies may instead try to offer you a small fraction of what you deserve, hoping you will agree to it and give up your rights before finding out what they truly owe you.
Say “no, thanks” to these types of offers and instead follow the final checklist item below.
You need an experienced car accident attorney on your side to obtain maximum compensation for the injuries and losses you suffered in a San Diego car accident.
A skilled attorney can:
Experienced San Diego car accidents attorneys make these services affordable for you.
They offer:
Do not wait to contact an experienced San Diego car accident lawyer to discuss the harm you suffered. You may have only a limited amount of time to take legal action before you lose your rights to compensation altogether. The sooner you reach out to a skilled, knowledgeable attorney, the better your chances of getting the money you need to regain your health and move forward with your life.
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
no fees unless we recover money on your behalf
No Fees Unless We Recover Money On Your Behalf