Personal Injury

Under California law, the doctrine of "negligence per se" is codified in § 669. Failure to exercise due care. It establishes a presumption of negligence when four specific elements are met: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to a person or property; (3) the death or injury resulted from an occurrence of the nature that the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or injury was within the class of persons for whose protection the statute, ordinance, or regulation was adopted Little v. Cmty. Bank, 234 Cal. App. 3d 355, Quiroz v. Seventh Ave. Center, 140 Cal. App. 4th 1256, Jones v. Awad, 39 Cal. App. 5th 1200.

The presumption of negligence under this doctrine is rebuttable. A defendant may present evidence to show that the violation was excusable or justifiable under the circumstances. For example, the presumption can be rebutted by demonstrating that the violator acted as a reasonably prudent person would have under similar circumstances while attempting to comply with the law Alcala v. Vazmar Corp., 167 Cal. App. 4th 747, Norman v. Life Care Centers of America, Inc., 107 Cal. App. 4th 1233.

It is important to note that negligence per se is an evidentiary doctrine, not an independent cause of action. It serves to establish a breach of duty by adopting the standard of care set forth in the relevant statute, ordinance, or regulation. The first two elements—whether the defendant violated a statute and whether the violation caused the injury—are typically questions for the trier of fact. The latter two elements—whether the injury resulted from an occurrence the statute was designed to prevent and whether the injured party was within the protected class—are determined by the court as a matter of law Quiroz v. Seventh Ave. Center, 140 Cal. App. 4th 1256, Jones v. Awad, 39 Cal. App. 5th 1200, Daum v. Spinecare Medical. Group, 52 Cal. App. 4th 1285.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

Failure to exchange information after a car accident in California can result in both criminal and civil liabilities. Under § 16025. Required exchange of information at scene of accident; Penalty for failure to comply, drivers involved in an accident are required to exchange specific information, including their name, address, driver’s license number, vehicle identification number, and evidence of financial responsibility. Failure to comply with this requirement constitutes an infraction punishable by a fine of up to $250 § 16025. Required exchange of information at scene of accident; Penalty for failure to comply. Additionally, § 20002. Duty where property damaged mandates that drivers involved in accidents resulting in property damage must stop and provide their information to the other party or leave a written notice if the other party is not present. Non-compliance is classified as a misdemeanor, punishable by imprisonment of up to six months, a fine of up to $1,000, or both § 20002. Duty where property damaged.

From a civil liability perspective, failure to exchange information or render aid as required by law can constitute negligence per se if it is a proximate cause of further injury or damage. This principle is codified in California law, which imposes a duty on drivers to prevent further harm to injured parties, regardless of fault in causing the accident. A violation of this duty can lead to civil liability for damages resulting from the failure to comply with statutory obligations § 20.01 Driver’s Duty of Care, § 82.10 Negligence. Furthermore, such failure may also be used as evidence of a consciousness of responsibility for the accident, although this inference can be rebutted § 20.01 Driver’s Duty of Care.

In summary, failing to exchange information after a car accident in California exposes a driver to criminal penalties and potential civil liability, particularly if the failure contributes to further harm or damages § 16025. Required exchange of information at scene of accident; Penalty for failure to comply, § 20002. Duty where property damaged, § 20.01 Driver’s Duty of Care, § 82.10 Negligence.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

Failure to exchange information at the scene of a car accident in California can result in both criminal and civil consequences. Under § 16025. Required exchange of information at scene of accident; Penalty for failure to comply, drivers involved in an accident are required to exchange specific information, including their name, address, driver’s license number, vehicle identification number, and evidence of financial responsibility (e.g., insurance details). Failure to comply with this requirement constitutes an infraction punishable by a fine of up to $250 § 16025. Required exchange of information at scene of accident; Penalty for failure to comply.

Additionally, § 20002. Duty where property damaged mandates that drivers involved in accidents resulting in property damage must stop and provide their identifying information to the other party or leave a written notice with such information if the other party is not present. Failure to do so is classified as a misdemeanor, punishable by imprisonment in the county jail for up to six months, a fine of up to $1,000, or both § 20002. Duty where property damaged.

In cases involving injury or death, § 20001. Duty to stop at scene of accident; Punishment for violations requires drivers to stop and provide information and render reasonable assistance to injured persons. Failure to comply with these duties is a more serious offense, often referred to as "hit-and-run," and can result in felony charges, with penalties including imprisonment and substantial fines Garabedian v. Superior Court of San Francisco, 59 Cal. 2d 124, Corenbaum v. Lampkin, 215 Cal. App. 4th 1308.

The legislative intent behind these statutes is to ensure accountability, facilitate the resolution of civil liabilities, and provide necessary aid to injured parties. Courts have emphasized that the act criminalized is not the accident itself but the failure to stop, provide information, or render aid as required by law People v. Cowart, 238 Cal. App. 4th 945, People v. Escobar, 235 Cal. App. 3d 1504.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

In California, the reporting requirements for accidents involving uninsured drivers are governed by several statutes and provisions:
General Reporting Requirements:
Under § 16000. When reports required, any driver involved in an accident resulting in bodily injury, death, or property damage exceeding $1,000 must report the accident to the Department of Motor Vehicles (DMV) within 10 days. This report can be submitted personally, through an insurance agent, broker, or legal representative, using a form approved by the DMV. The report must include the names and current addresses of all persons involved in the accident who complained of bodily injury § 16000. When reports required.
Specific Requirements for Uninsured Drivers:
If a driver involved in the accident fails to provide evidence of financial responsibility (e.g., insurance) as required by § 16020. Evidence of financial responsibility, the DMV will suspend the driving privilege of that driver. Upon receiving an accident report alleging non-compliance with financial responsibility requirements, the DMV will mail a notice of intent to suspend the driver’s license. The suspension will take effect 30 days after the notice is mailed unless the driver establishes evidence of financial responsibility for the time of the accident § 16070. Driver involved in accident, Austin v. Dep't of Motor Vehicles, 203 Cal. App. 3d 305, Woods v. Dep't of Motor Vehicles, 211 Cal. App. 3d 1263.
Uninsured Motorist Coverage Reporting:
For claims under uninsured motorist coverage, § 11580.2. Uninsured motor vehicles; Underinsured motor vehicles requires that the accident be reported to the police within 24 hours. Additionally, the insured must file a sworn statement with their insurer within 30 days, detailing the cause of action against the uninsured driver and supporting facts § 11580.2. Uninsured motor vehicles; Underinsured motor vehicles, Hanover Ins. Co. v. Carroll, 241 Cal. App. 2d 558, § 7.61 Notice to Police: 24 Hours.
Exchange of Information at the Scene:
§ 16025. Required exchange of information at scene of accident; Penalty for failure to comply mandates that all drivers involved in an accident exchange information, including evidence of financial responsibility (e.g., insurance details). Failure to comply with this requirement constitutes an infraction punishable by a fine § 16025. Required exchange of information at scene of accident; Penalty for failure to comply.
Additional Reporting Obligations:
If the accident involves injuries or death, California Vehicle Code § 20008(a) requires the driver to file a written report with the California Highway Patrol or the local police department within 24 hours § 20008. Duty to report accidents.

These statutes collectively ensure that accidents involving uninsured drivers are reported promptly to the appropriate authorities and that uninsured drivers face consequences for non-compliance with financial responsibility laws.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."

In California, if you are involved in a car accident, your actions depend on the nature of the accident. If the accident results in property damage only, you must immediately stop at the nearest safe location that does not impede traffic or jeopardize safety. You are required to notify the property owner or person in charge, provide your name, address, driver’s license, and vehicle registration, and leave a written notice with this information if the owner is not present. Additionally, you must notify the local police department or the California Highway Patrol without unnecessary delay § 20002. Duty where property damaged.

If the accident results in injury or death, you must stop immediately at the scene and provide your name, address, vehicle registration, and driver’s license to the injured person, other drivers, or police officers at the scene. You are also required to render reasonable assistance to any injured person, such as arranging for or providing transportation to a medical facility if necessary § 20003. Duty upon injury or death, § 20001. Duty to stop at scene of accident; Punishment for violations. Furthermore, you must report the accident in writing to the California Highway Patrol or the local police department within 24 hours if it involves injuries or death § 20008. Duty to report accidents.

Failure to comply with these requirements can result in criminal penalties, including fines, imprisonment, or both, depending on the severity of the accident and the nature of the violation § 20002. Duty where property damaged, § 20001. Duty to stop at scene of accident; Punishment for violations.

"The information contained here is only for educational purposes. This does not constitute legal advice, or any attorney-client representation. You should seek legal advice from your attorney or consider having us represent your case."