Most drivers in California will be involved in a car accident at least once in their lives. Depending on the severity of an accident, the police may show up to file a report. California does not require that the police be notified every time an accident occurs, so what are the police procedures and legal requirements after a collision?

If you have questions about how the state’s laws apply to your specific situation, it’s best to get personalized guidance from an experienced car accident lawyer at the Accident Network Law Group.

Legal Requirements After an Accident

If you are involved in a car accident, you must stop and stay at the scene. Failure to remain at the scene of the accident could result in hit-and-run charges. The following steps are also required by law after a car accident in California:

  • Exchange information with the other driver(s) involved in the accident, including your evidence of financial responsibility or insurance information.
  • If no one is seriously injured and it is possible to do so, move your vehicle out of the flow of traffic.
  • You must report the accident to the police or California Highway Patrol if anyone is injured or killed.

Drivers in California are also required to stop if they hit an animal. You must attempt to locate the owner if the animal appears to be a pet or otherwise call a nearby humane society or the police. It is not recommended or required that you move the animal, as this can be dangerous if it is injured.

An SR-1 report may also be required after an accident if:

  • Injuries of any kind occur
  • Someone is killed in the accident
  • Property damage over $1,000 occurs

The SR-1 report is submitted to the Department of Motor Vehicles and is required even if you did not cause the accident. You have ten days to complete the report. If you do not meet this deadline, the DMV may suspend your driver’s license.

What Information Do the Police Need to Collect After an Accident?

If the police do show up at the scene after an accident, they will likely speak to everyone involved in the accident and collect information about the incident. You should expect the officer to gather the following details:

  • Identifying and contact information for each driver, pedestrian, or other person involved in the accident
  • Witness statements
  • Statements from parties to the accident
  • Registration and other information about the vehicles involved
  • A description of the time of the accident, the weather conditions, and any other observations of the scene
  • Information about any injuries sustained by the drivers, passengers, and other parties
  • Notes on any dashcam or surveillance footage that is available

The officer will conduct an on-site investigation to determine the cause and events of the accident, which they will include in their police report.

When to Talk to the Police After an Accident and When to Avoid It

First and foremost, it’s important to note that you should be respectful toward the police and the other people present at the accident scene. It can be difficult to know what to say after an accident since any information you share could be used to place the liability for the crash on you. If you prefer to remain quiet to avoid complicating future insurance and injury claims, you may want to inform the officers at the scene that you prefer not to discuss the accident without a lawyer present.

Establishing fault can be difficult immediately following an accident. Collisions happen quickly, and the trauma of the incident often makes clear thinking a challenge. Whether the cause of the accident is clear or not, it’s crucial that you do not say anything that suggests you are at fault for the crash. Do not apologize, and do not overshare. Police officers understand that drivers may want to remain silent in an effort to protect themselves from liability.

Requesting a Copy of the Traffic Collision Report from the Police

You are allowed to request a copy of the police report completed by the officer who responds to the accident. In most cases, you can receive a copy within ten days of the collision. Once you receive the report, it’s important that you review it carefully to make sure the details are correct and there is no crucial information missing. If you notice an error or inconsistency, the police may be able to revise their report to reflect the corrected details.

Police reports are typically shared with the insurance companies and the DMV, so it is essential that the information is correct. Inaccurate police reports could lead to misplaced blame or even cause your insurance claim to be denied.

What to Do If No Police Report Was Filed

If the police or California Highway Patrol did not show up to the accident and no police report was filed, you may want to contact the police to have a report completed. Collecting evidence at the scene after the accident is helpful, including taking photos of the damaged vehicles or injuries, getting witness statements, and collecting information from the other involved parties.

When to Contact a Car Accident Attorney After an Accident

The sooner you obtain legal representation, the more assistance your attorney can provide. You can decide to contact a personal injury attorney at any point in the accident or injury claim process, but it’s beneficial to begin working with a lawyer soon after your crash. If too much time passes, it can become difficult to access crucial evidence that could be used to support your claim.

For a free consultation, contact the Accident Network Law Group to discuss your accident and how our California car accident attorneys can help you get the fair compensation you deserve for your injuries.