Road Trip Season Is Here: What to Know If You’re in an Accident
Warmer weather and longer days mean one thing for Yuba-Sutter families: it’s time to hit the road. Whether you’re heading to the coast, driving up to the mountains, or just making the trip down to Sacramento for the weekend, spring and summer bring a surge in highway traffic—and unfortunately, a surge in accidents.
No one plans to be in a car accident. But knowing what to do in the immediate aftermath—and understanding your legal rights in the days and weeks that follow—can make a significant difference in your recovery, both physically and financially. Here’s what every California driver should keep in mind this season.
What to Do at the Scene
The moments after a collision can be disorienting, but the steps you take at the scene matter. If you’re physically able, move to a safe location and call 911. Even in what seems like a minor fender bender, having a police report on file can be invaluable later.
Exchange information with the other driver—names, phone numbers, insurance details, and license plate numbers. If there are witnesses, ask for their contact information as well. Use your phone to take photos of the damage to all vehicles, the road conditions, traffic signs, and any visible injuries. These details can fade from memory quickly, but photographs preserve the evidence.
Seek Medical Attention—Even If You Feel Fine
Adrenaline has a way of masking pain. It’s not uncommon for accident victims to feel relatively fine at the scene, only to develop serious symptoms hours or even days later. Whiplash, soft tissue injuries, and concussions are particularly notorious for delayed onset.
See a doctor as soon as possible after an accident, regardless of how you feel. Not only is this critical for your health, but it also creates a medical record that links your injuries to the collision. Insurance companies routinely look for gaps in treatment to argue that your injuries aren’t as serious as you claim—or that they weren’t caused by the accident at all.
Understanding California’s Fault-Based System
California is a “fault” state, meaning the person who caused the accident is responsible for the resulting damages. This includes medical bills, lost wages, vehicle repair costs, and compensation for pain and suffering.
California also follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still recover damages—but your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault and your total damages are $50,000, you could still recover $40,000.
Dealing with Insurance Companies
After an accident, you’ll likely hear from the other driver’s insurance company fairly quickly. It’s important to remember that their goal is to settle your claim for as little as possible. Be cautious about giving recorded statements or accepting early settlement offers before you fully understand the extent of your injuries and damages.
You are not obligated to speak with the other driver’s insurance adjuster without an attorney present. In fact, having legal representation during this process often results in significantly higher compensation. An experienced personal injury attorney can handle communications with the insurance company on your behalf and ensure your rights are protected.
Know the Statute of Limitations
In California, you generally have two years from the date of an accident to file a personal injury lawsuit. While that may sound like plenty of time, building a strong case takes time—gathering evidence, obtaining medical records, and negotiating with insurers. The sooner you consult with an attorney, the better positioned you’ll be.
If a government vehicle or entity was involved in the accident (for instance, a city bus or a collision caused by a poorly maintained road), the timeline is much shorter. You may have as little as six months to file a government tort claim.
Passengers, Pedestrians, and Cyclists Have Rights Too
You don’t have to be behind the wheel to have a valid personal injury claim. Passengers injured in a collision, pedestrians struck by a vehicle, and cyclists hit by a car all have the right to seek compensation for their injuries. If you or a family member was hurt as a non-driver, the same principles apply—document everything, seek medical care, and consult with an attorney.
Final Thoughts
We hope your spring and summer travels are safe and uneventful. But if the unexpected does happen, know that the team at Rich, Fuidge, Bordsen & Galyean is here to help. With decades of experience serving the Yuba-Sutter community, we understand the physical, emotional, and financial toll that a car accident can take on a family. If you or a loved one has been injured in an accident, don’t hesitate to reach out for a consultation.
FAQs for Car Accidents in California
Should I call the police after a minor accident?
Yes. California law requires you to report any accident that results in injury or death. Even for property-damage-only accidents, a police report creates an official record of what happened, which can be critical if a dispute arises later with the insurance company.
What if the other driver doesn’t have insurance?
California has a high rate of uninsured drivers. If you’re hit by someone without insurance, your own uninsured/underinsured motorist coverage (if you carry it) can help cover your damages. This is one of the most valuable types of auto insurance coverage available, and we strongly recommend it.
How much is my personal injury case worth?
Every case is different. The value depends on factors such as the severity of your injuries, the cost of your medical treatment, lost income, the impact on your daily life, and the degree of the other party’s fault. An experienced personal injury attorney can evaluate your case and give you a realistic assessment of what to expect.
Do I really need a lawyer for a car accident claim?
You’re not required to hire a lawyer, but studies consistently show that accident victims who are represented by attorneys receive higher settlements than those who handle claims on their own. An attorney can navigate the complex insurance process, protect you from lowball offers, and, if necessary, take your case to court.