California law does not generally require bystanders to help strangers in an emergency. Under the common law no-duty-to-rescue rule, a person who sees an accident and does nothing ordinarily faces no civil liability. California has several important exceptions. Drivers involved in an accident must render aid under California Vehicle Code Section 20003. A person who creates a dangerous situation has an affirmative duty to prevent foreseeable harm. Certain special relationships (such as employer and employee, or business and customer) can create a duty to assist. California also gives strong Good Samaritan protections to those who do choose to help.

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Key Takeaways

  • General rule: California does not impose a duty on strangers to rescue or render aid in emergencies. A bystander who walks past an accident victim generally faces no civil liability
  • California Vehicle Code Section 20003 requires drivers involved in an accident that results in injury or death to render reasonable assistance, including arranging for medical care. Failure to do so is a criminal offense
  • California Health and Safety Code Section 1799.102 provides Good Samaritan immunity to persons who render emergency care at the scene of an emergency, protecting good faith rescuers from civil liability
  • A person who creates the dangerous condition (such as causing a car accident) has an affirmative duty to render aid, an exception to the general no-duty rule
  • California’s two-year statute of limitations (CCP Section 335.1) applies to claims arising from failure to render aid where a duty exists
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I contacted The Accident Network Law Group after an accident. I was very satisfied with their service as they had my best interest at heart. Auto accidents can be complicated and intimidating requiring a unique approach that’s why I reached out to them. There were many attorneys in Riverside but Accident Network Law Group answered all my questions, and provided me a great result.

When Does a Legal Duty to Help Arise in California?

Driver at an accident: California Vehicle Code Section 20003 imposes a clear legal duty on any driver involved in an accident causing injury or death to stop, provide information, and render reasonable assistance. A driver who flees (hit and run) faces criminal penalties under CVC 20001 and civil liability for all resulting damages.

Person who created the peril: California courts have consistently held that a person who creates a dangerous situation, whether through negligence or intentional conduct, has a duty to take reasonable steps to prevent foreseeable harm. A driver who causes an accident cannot lawfully leave without rendering aid.

Special relationships: California law imposes affirmative duties on certain parties based on special relationships, including employers with employees, businesses with customers, property owners with invitees, and common carriers with passengers.

Good Samaritan Protections in California

California Health and Safety Code Section 1799.102 provides that a person who, in good faith and not for compensation, renders emergency care at the scene of an emergency is not liable for civil damages resulting from acts or omissions in providing that care. This Good Samaritan protection covers both medical and non-medical emergency assistance and requires that the care be rendered in good faith and without expectation of compensation; it does not shield gross negligence or willful misconduct. Emergency medical technicians and other trained responders are covered by related provisions. The protection encourages bystander intervention without fear of civil liability.

Contact The Accident Network Law Group

If you were involved in an accident where another driver fled the scene, failed to render aid, or otherwise breached a duty owed to you, Attorney Damoun Yazdi and the team at The Accident Network Law Group can help you understand your rights and pursue the compensation you deserve. We offer free consultations and handle every case on a contingency fee, No Recovery No Fee basis, so you pay nothing unless we win for you. Our attorneys serve Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and communities throughout Southern California, with services available in English and Spanish (se habla espanol).

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.