Vaziri Law Group Personal Injury Attorneys is here to help you understand your rights and responsibilities when it comes to California vehicle code laws after an auto accident. If you have been involved in a car accident, it's important to know the key rules that govern motor vehicle accidents in California. Understanding these rules can help protect your rights and ensure that you follow proper procedures after an accident.
California vehicle laws provide clear guidance on how to handle accidents, from exchanging information to notifying law enforcement and your insurance company. If you find yourself in a car accident and are unsure about what to do next, Vaziri Law Group Personal Injury Attorneys can help guide you through the steps to take.
We understand the legal process and can assist in seeking compensation for your injuries or damages.
California Vehicle Code and Driver Responsibilities After an Accident
After an auto accident, drivers in California have specific legal responsibilities. Following these rules helps ensure safety and fairness for all parties involved.
Here's a closer look at what to do immediately following a crash.
Stopping at the Scene of an Accident (CVC §20001 & §20002)
California law requires drivers to stop at the scene of an accident. CVC §20001 and CVC §20002 specify that if someone is injured or killed, the driver must stop and provide their driver's license information and vehicle registration to the authorities. If the accident only involves property damage, the driver must leave a written notice at the scene with their contact details.
Failing to stop at the scene of an accident can result in severe legal consequences, including imprisonment or fines. Always comply with these California vehicle laws to avoid legal penalties.
Duty to Exchange Information (CVC §16025)
California law also requires drivers to exchange certain information following an accident. CVC §16025 states that the drivers must share their driver's license and vehicle registration information. If the driver is unable to provide information directly, they must leave a written notice with their details at the accident scene. This helps ensure that all involved parties can be contacted later to resolve the situation.
Sharing this information promptly helps speed up the claims process and keeps things transparent. Failure to exchange information can lead to penalties or complications in handling your car accident claim.
Reporting an Accident to Law Enforcement (CVC §20008)
Under CVC §20008, if the car accident involves injury, death, or huge property damage, the driver must report it to the police department or California Highway Patrol. This reporting requirement ensures that an official record of the accident is made, which can be crucial for insurance claims and legal proceedings.
Timely reporting is critical, as delaying the report can complicate the investigation. Always call law enforcement right away if an accident occurs, especially if you're unsure of the severity of the car crash.
Insurance and Financial Responsibility Laws
California has strict laws to ensure that drivers are financially responsible in the event of an accident. Insurance plays a key role in this process, and CVC outlines specific rules on insurance coverage and financial responsibility.
Proof of Insurance Requirement (CVC §16028)
Under CVC §16028, drivers must carry proof of insurance at all times. When involved in a car accident, you are required to provide this proof. If you fail to present proof of insurance to law enforcement or other involved parties, you could face penalties.
The law requires that drivers maintain minimum liability insurance. This ensures that accident victims are compensated for medical bills and other accident-related expenses.
Reporting an Accident to the DMV (CVC §16000)
If a car accident results in injury, death, or property damage of $1,000 or more, drivers must report the accident to the DMV within 10 days. CVC §16000 requires a written notice to the Department of Motor Vehicles if the accident meets these criteria. Failing to report can lead to suspension of your driver's license.
This step is essential in keeping your driving privileges intact and maintaining your vehicle registration. Keep track of any accident report and submit it promptly to avoid legal complications.
Hit-and-Run Laws in California
California takes hit-and-run accidents very seriously. The law requires that drivers involved in accidents stop, provide information, and report the incident. Failing to do so can lead to serious legal consequences.
Misdemeanor Hit-and-Run (CVC §20002)
Under CVC §20002, if a driver is involved in an accident that results only in property damage, failing to stop or provide required information is a misdemeanor. The negligent driver must stop at the scene and exchange information. If the other vehicle is not present, they must leave a written notice.
A misdemeanor hit-and-run can lead to fines, license suspension, and other penalties. Follow the law and avoid these consequences after an accident.
Felony Hit-and-Run (CVC §20001)
If a hit-and-run accident involves injury or death, it becomes a felony under CVC §20001. In this case, the driver must stop and provide information. Failure to do so could lead to serious criminal charges, including imprisonment.
Felony hit-and-run charges come with hefty legal penalties, including potential jail time and heavy fines. The driver's license may also be revoked. If you are the victim of a hit-and-run, contact the police department right away.
Right-of-Way and Negligence Laws in Car Accidents
Right-of-way violations and negligent driving are significant causes of car accidents in California. The vehicle codes set rules for right-of-way and hold drivers accountable for unsafe driving behaviors.
Right-of-Way Violations (CVC §21800-21809)
CVC §21800 - §21809 cover right-of-way violations, which occur when a driver ignores traffic rules regarding who should yield. Violating right-of-way laws can lead to accidents, especially at intersections. Drivers must yield to pedestrians and other vehicles as required by the California vehicle code.
If a right-of-way violation causes an accident, the driver at fault may be held responsible for the resulting damages. Understanding these rules is crucial for motor vehicle drivers to prevent car accidents.
Reckless and Negligent Driving (CVC §23103)
CVC §23103 defines reckless or negligent driving as operating a vehicle in a manner that shows disregard for safety. This includes excessive speeding, tailgating, or other dangerous actions. Drivers can be penalized for reckless driving if their behavior causes an accident.
If a reckless driver causes a car accident, they can be held liable for damages, including medical bills, vehicle repairs, and more. Drive responsibly and obey traffic laws to prevent accidents.
DUI and Drug-Related Car Accident Laws
Driving under the influence of alcohol or drugs is a serious offense in California, with strict laws governing DUI accidents. Penalties for DUI offenses can include jail time, license suspension, and financial penalties.
DUI Offenses and Car Accidents (CVC §23152 & §23153)
CVC §23152 & §23153 address DUI offenses and their consequences in car accidents. A driver with a Blood Alcohol Concentration (BAC) of 0.08% or higher can face charges for drunk driving. If an accident occurs due to DUI, the driver may be held liable for damages.
DUI accidents can lead to severe penalties, including fines, license suspension, and jail time. If you are involved in a DUI-related accident, contact a car accident lawyer to understand your options for pursuing compensation.
Refusal to Take a Chemical Test (CVC §23612 - Implied Consent Law)
California's implied consent law (CVC §23612) requires drivers to submit to a chemical test (breath or blood test) if suspected of driving under the influence. Refusing to take the test can result in immediate license suspension and other penalties.
Refusal can make it harder for the driver to contest the DUI charges in court. You must comply with the implied consent law to avoid additional legal complications.
Compensation and Liability in Car Accidents
After a car accident, understanding how compensation and liability work in California is important. The California vehicle code sets out rules to determine fault and ensure that victims are fairly compensated.
Comparative Negligence Rule in California
In California, the comparative negligence rule means that if you are partially at fault for a car accident, your compensation will be reduced based on your level of fault. For example, if you are 30% at fault, you would only recover 70% of your damages. This rule helps ensure that drivers are held responsible for their actions, even if they aren't fully at fault.
Uninsured Motorist Claims (CVC §11580.2)
If you are in a car accident with an uninsured motorist, CVC §11580.2 allows you to file a claim through your own insurance policy. This applies if the other driver does not have insurance or sufficient coverage to pay for your damages.
Uninsured motorist coverage can help cover medical bills, vehicle repairs, and other accident-related expenses. If you're involved in an accident with an uninsured driver, contact your insurance company and a personal injury lawyer to explore your options.
What to Do After a Car Accident in California
Following the right steps after a car accident ensures that you're legally protected and can pursue compensation for your injuries.
Immediate Steps
Here's what you should do immediately after a car accident:
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Stop and stay at the scene: Remain at the scene to avoid hit-and-run charges.
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Ensure safety: Move to a safe area, if possible, and check for injuries.
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Call 911: Report the accident to law enforcement.
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Exchange information: Share driver's license information, vehicle registration, and insurance details.
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Collect evidence: Take photos of the scene and gather witness statements.
Reporting and Documentation
After a car accident, reporting the incident and documenting all details is essential for both legal and insurance purposes. First, contact law enforcement to file a police report. This official record can serve as evidence in your car accident claim. If the accident involves injuries or significant property damage, the police will help document the scene.
Additionally, gather important information such as driver's license and vehicle registration details from all involved parties. Take clear photos of the damage, any injuries, and the overall accident scene. If there are any witnesses, get their contact information and ask for their statements.
FAQs
1. What should I do if I'm involved in a car accident?
If you're involved in a car accident, California law requires you to stop at the scene. You must notify the police department without unnecessary delay. Exchange his or her driver's license and vehicle registration details with the other involved parties. If you cannot exchange information, leave a written notice with your contact details. This helps establish accountability and keeps you from facing legal consequences like imprisonment for failure to stop.
2. What if I hit a runaway vehicle or a parked vehicle?
If you're involved in an accident with a runaway vehicle or a parked vehicle, you must still stop and provide the same details. Under the California Vehicle Code, if the other property owner is not present, you are required to leave a written notice giving your current residence address and contact information.
3. What happens if I don't stop after a car accident?
A person failing to stop after an accident may face severe penalties, including imprisonment under the law. If you leave the scene without providing your information or failing to report it, legal actions can be taken against you. Stop and ensure that all involved vehicles and persons are accounted for.
4. What should I do if I can't find the other driver after a crash?
If you cannot locate the other driver after the collision occurs, leave a written notice with your contact details. This ensures that you are not considered at fault for failing to notify or provide information.
5. How long do I have to report a car accident?
California law states that after a collision occurs, you must report the accident to the police department and other involved parties without unnecessary delay. If the owner of the damaged property or the other involved driver cannot be located, you should leave a written notice with your contact details at the scene.
Contact Our Los Angeles Lawyer for a Free Case Consultation
If you have been involved in a car accident and need assistance understanding your rights or handling legal procedures, Vaziri Law Group Personal Injury Attorneys is here to help. Failing to comply with California vehicle laws can lead to serious consequences, including imprisonment and fines. Whether it's due to unnecessary delay notification or failure to exchange information, our experienced attorneys can guide you through the complex legal process.
We can help ensure that you comply with California vehicle code regulations and protect your rights after a vehicle is involved in an accident. If you are unsure of your responsibilities or need help understanding the impact of an accident, contact our car accident lawyers for a free case consultation.
Don't let legal confusion hold you back. Contact us today, and let us assist you in navigating your car accident claim.