What to Do After a Car Accident in California: Duties, Deadlines, and Your Right to Compensation
A sudden collision on I‑5, SR‑163, or any other San Diego freeway raises three immediate legal questions: what you are required to do at the scene, how long you have to bring a claim, and whether you can recover compensation if you were partially at fault. California’s Vehicle Code, Civil Code, and Code of Civil Procedure answer each of these questions in ways that matter for every injured driver or passenger.
Your legal duties at the scene of a crash
California law requires drivers involved in collisions to stop, identify themselves, and, when someone is hurt, provide reasonable assistance. When a crash causes only property damage, a driver must stop at the nearest safe location, exchange identifying information, or leave a written notice and promptly notify law enforcement, or face potential misdemeanor hit‑and‑run charges. See Cal. Veh. Code § 20002(a).
If anyone is injured or killed on a San Diego roadway—whether on surface streets downtown or on SR‑163 through Balboa Park—the obligations are even more serious. The driver must stop at the scene, provide identifying information, and render “reasonable assistance” to injured persons, which can include arranging or providing transportation for medical care. See Cal. Veh. Code §§ 20001–20003. Failing to stop and render aid in an injury crash can lead to felony charges and also affects how civil claims unfold later.
From a practical standpoint, complying with these duties while also prioritizing safety—moving vehicles out of traffic when possible, calling 911, documenting the scene with photos or video, and providing accurate information to CHP or San Diego Police—protects both your legal position and your health.
The statute of limitations for California car accident claims
California gives injured people a limited window to file a civil lawsuit after a crash. For most personal injury claims arising from car accidents, the general statute of limitations is two years from the date of injury. See Cal. Civ. Proc. Code § 335.1. This deadline applies to claims for medical expenses, lost income, pain and suffering, and wrongful death based on another person’s negligence.
Different time limits apply to related claims. A separate three‑year period usually governs actions for damage to personal property, such as the vehicle itself. See Cal. Civ. Proc. Code § 338(b). When the defendant is a government entity—such as the City of San Diego, Caltrans, or another public agency—an injured person typically must file an administrative claim within six months before filing suit, or risk losing the right to pursue compensation. See Cal. Gov’t Code § 911.2.
Because these deadlines are strict and missing them can bar an otherwise valid claim, injured people benefit from getting legal advice early, even while treatment at places like Scripps Mercy, Sharp, or UCSD is ongoing.
Negligence and duty of care under Civil Code § 1714
Most car accident cases in California are based on negligence: the idea that someone failed to use ordinary care and caused harm. California’s general duty‑of‑care statute provides that everyone is responsible “for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person,” subject to limits when the injured person’s own conduct contributed to the harm. See Cal. Civ. Code § 1714(a).
This statute is the foundation for holding careless drivers accountable after a crash on San Diego’s freeways and surface streets. When a motorist speeds through Mission Valley, follows too closely on I‑805, fails to yield, or violates other traffic laws and that conduct causes a collision, a court can find that the driver breached the duty of ordinary care under § 1714. The injured person may then seek compensatory damages for medical bills, lost earnings, pain and suffering, and related losses, subject to proof and defenses. See Cal. Civ. Code § 1714(a).
Evidence like CHP collision reports, photographs, witness statements, and medical records are what connect specific acts or omissions to the statutory standard of care in a personal injury case.
Comparative negligence: recovering even if you were partly at fault
California uses a pure comparative negligence system, which means an injured person can still recover damages even if they were partially at fault for the accident. See Cal. Civ. Code § 1714(a). A judge or jury determines the percentage of fault for each party and reduces the injured person’s recovery by their share of responsibility.
For example, if a jury awards $100,000 in damages after a rear‑end crash on I‑5 but finds the plaintiff 20% at fault for not keeping a proper lookout or braking suddenly, the net judgment would be reduced to $80,000 under comparative negligence principles. This system makes it critical for injured people not to assume they “have no case” simply because they may have made a mistake; the law often allows recovery for the portion of harm caused by others’ negligence. See Cal. Civ. Code § 1714(a).
Talk to a San Diego car accident lawyer about your options
After a car accident anywhere in San Diego County, an injured person’s decisions in the first hours and weeks can affect both criminal exposure and civil recovery. Stopping and complying with Vehicle Code duties preserves legal rights and avoids separate hit‑and‑run issues. See Cal. Veh. Code §§ 20001–20002. Consulting a San Diego car accident lawyer early helps ensure that the two‑year personal injury and related deadlines are tracked and met under the Code of Civil Procedure. See Cal. Civ. Proc. Code §§ 335.1, 338. And understanding the broad duty‑of‑care standard and comparative negligence under Civil Code § 1714 allows injured people to make informed choices about pursuing compensation, even when liability is disputed. See Cal. Civ. Code § 1714(a).
If you were hurt in a crash in San Diego and have questions about your rights or the next steps, you can contact a California personal injury lawyer to review your specific situation and deadlines under these statutes.
