On average, over one thousand car accidents occur in the state of California every day. Car accidents can come out of nowhere and can cause untold damage and distress. It can be difficult to understand the expansive set of laws that cover car accidents. One of the first questions you should ask yourself is: do I have to report a car accident to the DMV in California?
It is critical to know the steps to follow when one occurs so that you can protect yourself, your loved ones, and your property.
There are certain steps that must be taken when an accident occurs, no matter what. Try to move your vehicle off of the immediate road. The California Vehicle Code requires details such as the day and time of the crash, relevant information from all parties involved, and a general idea of the position of the crashed vehicles to be included in all reports.
With this in mind, try to get information from all parties involved in the accident. This can include date of birth, driver’s license number, address, license plate numbers, insurance policy number, and all corresponding expiration dates. Ideally, you should get this information for both the driver of the vehicle and its owner. Be sure to take pictures of any damage that occurred as a result of the accident, and try to draw a rough sketch of the vehicle’s position.
No matter the situation, be sure to be in contact with an experienced attorney. Our experienced Sacramento car accident attorneys at Ewing Law Group, PC, can help.
In California, there are certain circumstances that dictate when and how a report must be made. According to California law, a report must be made when an accident results in:
Under these circumstances, a report must be made to the California Highway Patrol within 24 hours of the accident. In addition to this, a report should be filed with the California DMV within 10 days of the event. This can be done by filing a Report of Traffic Accident Occurring in California Form (SR-1). This can be done by you, your insurance broker, or your legal representative.
When an accident occurs, it is essential to protect yourself legally. The first step is to file the above-mentioned reports accurately and in a timely manner. In California, failing to report a car accident can have several consequences, including:
Should the accident involve injury or death, the consequence of failing to report it may be even more serious, leading to criminal prosecution. No matter the case, whether dealing with property damage or worse, it is always important to be in contact with an experienced attorney. Our lawyers can help deal with litigation related to car accidents.
It is important to understand that even if you file an SR-1 form in accordance with regulations if you are uninsured at the time of the accident, penalties may be incurred. To avoid this, make sure you always have an active insurance policy which covers you for the minimum, which includes:
Especially in cases of personal injury, it is essential to make sure you are protected. If you find that you have been involved in an accident where either you or another driver is uninsured/underinsured, Ewing Law Group, PC can help.
A: Whether an accident is reportable depends on the extent of damage to property and injuries that have resulted from it. If there has been over $1000 of damage to a vehicle, or if the accident has led to the injury or death of an individual, the accident must be reported.
A: Failing to report an accident to the DMV in the state of California can have several consequences. These could include the suspension of driving privileges, a permanent report on your driving record, and future premiums on your insurance coverage. To make sure to avoid these consequences, always report traffic accidents to the DMV and California Highway Patrol.
A: There are two reports which must be made when an accident occurs in California, each with its own timetable. If you have been involved in a reportable accident, you must make a report to the California Highway Patrol within 24 hours of its occurrence and submit an SR-1 report to the DMV within 10 days of its occurrence.
A: In California, an accident is considered minor if the damage to a vehicle is less than $1000, and any injuries that occur are not serious (usually scratches or bruises.) While it is not required to file a police report, it is generally a good idea to do so, as insurance companies may request a police report as proof that an accident has occurred.
No matter the scale, a car accident and its effects can put us in distress. It is important to have experienced guidance to help protect yourself, your loved ones, and your property following such an event. With over 20 years of experience dealing with car accidents and their litigation, the lawyers at Ewing Law Group, PC, can help you navigate the complexities of accident law.
Whether you need to make sure that you are following legal protocol, are entitled to compensation, or need a robust defense, Ewing Law Group, PC has been supporting victims of car accidents for years. Contact us today for a consultation and peace of mind.
With high numbers of car accidents in our state, many of which involve serious or fatal injuries, state and federal agencies pay a lot of attention to the question: What is the main cause of car accidents in California? There are some common factors that affect the majority of crashes. But if you need advice on your particular situation, a consultation with the experienced Sacramento car accident attorneys at Ewing Law Group, PC can help.
California is a large state in terms of size and in terms of population, with a wide variety of climates and conditions and an extensive network of interstate and state highways. That means a lot of cars on the road and, unfortunately, a lot of car accidents. Here is some key information about auto traffic in California:
Some accidents are caused by completely unpredictable elements like adverse weather, vehicle mechanical failure, or an animal running into the road and the driver simply doesn’t have the ability to stop in time. However, the main cause of car accidents in California – and in the United States overall – is driver error.
No one wants to be in a traffic accident. Most drivers try to be careful and attentive, but it’s common for drivers to occasionally fail to notice or respond appropriately to circumstances, leading to a car crash. Driver error can include many different kinds of behaviors, like making the wrong decision in dealing with an external element, making a mistake in handling their vehicle, or not recognizing a dangerous situation.
Safe driving includes paying attention to multiple factors at once, including other vehicles, road conditions, pedestrians, traffic signs, and signals, and then responding to all the factors while following traffic rules and laws. This takes a lot of mental focus, as well as keeping eyes on the road and hands on the steering wheel. When a driver fails to do even one of these, an accident may occur. Many accidents are caused by some common driver errors.
Distracted driving is a big problem for drivers. It includes anything that takes the driver’s full attention from the road, such as eating, grooming, other passengers, pets, or even daydreaming. But most driver distraction comes from technology: cell phones, GPS, car stereos, etc. Using technology while driving takes eyes, hands, and mental focus off the more important task at hand: driving.
When a driver is impaired, their vision, coordination, reaction time, and ability to make timely and appropriate driving decisions are compromised. Impairment can be from the use of alcohol, street drugs, and in some cases, prescription medications. However, fatigue can have a similar effect on the body, and some medical events like seizures or heart attacks can cause a driver to suddenly become incapable of safely operating their vehicle.
Another major factor in car accidents is speeding. Speeding can be driving faster than the posted speed limit or driving too fast for road conditions, especially in bad weather, construction areas, or other areas that require more attention. Driving faster reduces a driver’s reaction time dramatically, the time and distance a car needs to stop, and the effectiveness of guardrails and other safety structures.
The safest way to drive is defensively, which means the driver is consciously trying to reduce risk while operating their vehicle. However, sometimes drivers make decisions to drive in ways that are more likely to cause accidents, like improper passing, tailgating, weaving in and out of traffic, blocking other vehicles trying to change lanes, or cutting off other drivers. This kind of behavior has also been linked to road rage, which sometimes leads to dangerous confrontations.
A: Yes, bad weather like rain, ice, snow, or high winds can lead to car accidents. However, each accident has unique circumstances, so the driver may still have some liability, depending on factors like reckless driving or negligence. Sometimes, traffic signs or road conditions like potholes may also contribute to the accident.
A: In California, the blood alcohol limit is 0.08% for most drivers. For drivers under 21 or those who are on probation after a DUI conviction, the limit is 0.01%, and the limit is 0.04% for commercial license holders, like truck drivers and some rideshare drivers. It is also important to note that even if your blood alcohol concentration is under the legal limit, you may still be too impaired to drive safely.
A: If a mechanical failure in your vehicle causes an accident, you might be assigned full or partial fault, depending on the circumstances. If you knew about the problem and didn’t repair it or the failure was caused by lack of maintenance, you may be at fault. However, if a mechanic repaired something improperly or there was a defect in manufacturing, they may have some liability.
A: California uses the comparative fault model, which means each party in a car accident may be assigned some percentage of fault by the law enforcement officer at the scene. All parties are entitled to recover damages according to their assigned percentage. So, if a driver is assigned 35% fault for an accident, they can recover 65% damages in compensation.
Ewing Law Group, PC has more than 20 years of combined experience in California representing thousands of clients in cases like car accidents, personal injury, and more. We provide each client with the personal attention they deserve and work fiercely to get the most timely, favorable results possible. Contact Ewing Law Group today to discuss our affordable rates and quick turnaround times.
