Immediate Steps After an Accident
A clear, complete guide to the steps that protect your health, your evidence, and your rights, whatever kind of accident you've just been in.
Immediate Steps to Take After a Santa Clarita Personal Injury Accident
The minutes and hours immediately after an accident can be confusing and overwhelming. You may be dealing with pain, adrenaline, shock, or uncertainty about what just happened, while at the same time trying to figure out what you are supposed to do next. There may be other drivers, witnesses, police officers, property owners, insurance representatives, or even strangers asking questions before you've had a chance to process the situation yourself.
There is no single checklist that fits every accident perfectly. A car collision is different from a slip and fall, a dog bite, or a pedestrian accident. But there are several basic steps that can protect your health, preserve important evidence, and help you avoid unnecessary problems later. This guide provides a general framework for what to do after an accident, with additional guidance available in our individual articles addressing specific types of accidents.
Key Takeaways
Get yourself and others to safety first. Call 911 when someone is injured or there is an immediate danger.
Get medical attention promptly, even if you initially feel relatively okay.
Document the accident and surrounding conditions with photographs, videos, witness information, and written notes when it is safe to do so.
Report the accident to the appropriate authority or property owner depending on what happened.
Be careful about statements concerning fault, particularly when speaking with insurance companies.
Preserve evidence such as damaged clothing, photographs, surveillance footage, dashcam footage, and other records that could disappear or be altered.
Notify the appropriate insurance company promptly, while limiting your initial report to basic factual information.
Keep a simple record of medical treatment, expenses, missed work, symptoms, and how the injury affects your daily life.
Pay attention to legal deadlines. The deadline for a personal injury lawsuit is not necessarily the same as the deadline for making a claim against a government entity.
Get Yourself to Safety
Your first priority after any accident is safety—not photographs, insurance information, or figuring out who was at fault.
If you are in immediate danger, get yourself to a safer location if you can do so without making an injury worse. This can be particularly important after a collision on a busy freeway or roadway. If a vehicle is disabled in a dangerous location, for example, getting out of the flow of traffic may be more important than remaining beside the vehicle to document the scene.
Call 911 if anyone is injured, if the accident creates a significant safety hazard, or if emergency assistance is needed. You do not need to be certain that an injury is serious before asking for help. Emergency personnel can evaluate the situation and determine whether medical treatment or transportation is necessary.
If another person appears seriously injured, do not move that person unless there is an immediate danger that makes remaining in place more dangerous, such as fire, an approaching vehicle, or another life-threatening hazard. Moving someone improperly can potentially make certain injuries worse, particularly injuries involving the neck or spine.
Document What Happened If You Are Able
Once everyone is safe, documentation can become extremely valuable. The scene of an accident can change quickly. Vehicles are moved, debris is cleared, a wet floor is cleaned, a dangerous condition is repaired, witnesses leave, and surveillance footage may eventually be overwritten.
If you are physically able and it is safe to do so, take photographs and videos of as much of the scene as reasonably possible. Depending on the type of accident, that may include the vehicles involved, property damage, the location of the accident, road conditions, traffic signs, lighting, debris, skid marks, the condition that caused a fall, visible injuries, and anything else that may help explain what happened.
Take more photographs than you think you need. You may not know at the scene which particular detail will become important later, and you cannot necessarily recreate the scene once it has changed.
Get Names and Contact Information
Obtain the names and contact information of people who were directly involved and anyone who witnessed what happened, if you can do so safely.
Independent witnesses can be particularly valuable when the circumstances of an accident later become disputed. A witness who saw the accident may remember details that are not apparent from photographs or police reports. A person does not necessarily have to see the actual moment of impact to be useful. Someone who saw what happened immediately before the accident, observed a vehicle approaching, noticed a dangerous condition, or saw what happened immediately afterward may have information that helps reconstruct the event.
Look for Available Video
If you are able to do so safely, pay attention to whether cameras may have captured the accident. Depending on the circumstances, potentially useful footage may come from nearby businesses, traffic cameras, security systems, doorbell cameras, dashcams, helmet cameras, or cellphones.
If you notice a nearby business or residence with cameras pointed toward the accident scene, make a note of the location. You may not be able to obtain the footage yourself, but identifying a potential source quickly can be important because some systems automatically record over older footage.
Do not put yourself in danger or interfere with an investigation in an effort to obtain video. The important point is simply to recognize that video may exist and to identify potential sources before the footage disappears.
Write Down the Basic Details
As soon as you reasonably can, make a note of the date, approximate time, exact location, weather and lighting conditions, and what you remember happening.
You do not need to write a formal statement. A note on your phone is perfectly adequate. The goal is simply to preserve your recollection while it is still relatively fresh.
If you are too injured, shaken, or otherwise unable to document the accident yourself, ask a family member, friend, witness, or another person you trust to help.
Make Sure the Accident Is Properly Reported
Different types of accidents have different reporting procedures. When there is an established reporting process, using it can create an important contemporaneous record of what happened.
Car and Motorcycle Accidents
For a traffic collision, this may involve a police agency or the California Highway Patrol, depending on where the accident occurred. On major Santa Clarita Valley freeways such as I-5 and SR-14, CHP may respond, while collisions on local streets may involve the appropriate local law-enforcement agency.
California requires drivers to report certain traffic accidents to the Department of Motor Vehicles. An SR-1 report is generally required within 10 days when the accident results in an injury or death, or when property damage exceeds $1,000. This DMV requirement is separate from making an insurance claim or reporting the accident to law enforcement.
This DMV requirement is separate from making an insurance claim or pursuing a personal injury lawsuit. Failing to understand the distinction can create unnecessary confusion after a collision.
Dog Bites
Dog attacks and bites involve different reporting considerations. Depending on the circumstances and location, an animal bite may need to be reported to the appropriate Los Angeles County animal-control or public-health authorities.
These reports serve an important public-health purpose, including addressing rabies concerns and appropriate observation or quarantine of the animal. Reporting an animal bite is separate from deciding whether you have a personal injury claim.
Slip and Fall Accidents
If you are injured on someone else's property, report the incident to the property owner, manager, employee, or another responsible person as soon as reasonably possible.
Ask that an incident report be prepared and make a note of whom you spoke with and when. If the property owner or business refuses to prepare a report, document that fact for your own records.
Get Medical Attention Promptly
If you are injured, getting appropriate medical care is one of the most important things you can do after an accident.
It is surprisingly common for someone to walk away from an accident believing they are fine, only to develop significant pain or other symptoms later. Adrenaline and the stress of the event can temporarily mask symptoms, and some injuries do not become obvious until hours or even days afterward.
If you believe you may have been injured, consider getting evaluated as soon as reasonably possible. Follow the medical provider's recommendations and keep track of subsequent appointments, referrals, diagnostic testing, medications, and treatment.
The medical reason for prompt treatment is the most important one. But there is also a practical reason: early medical records can establish a timeline connecting your symptoms to the accident.
When someone waits weeks before seeking treatment, an insurance company may later argue that the injury was not caused by the accident or was not as serious as claimed. That argument does not necessarily mean it is correct, but avoiding an unnecessary gap in treatment can make the history of an injury easier to understand.
Be Careful About What You Say
An accident can bring out an instinctive desire to apologize, explain, reassure the other person, or immediately determine who was at fault.
Try to resist that impulse.
Saying something like "I'm sorry" after an accident may simply be a normal human response to a stressful situation. It does not automatically establish legal responsibility. Likewise, saying "I didn't see you" does not necessarily answer the legal question of who was at fault.
Still, there is little reason to speculate about fault at the scene.
When speaking with police officers, medical personnel, witnesses, or others involved in the accident, focus on what you actually observed. Explain what happened as accurately as you can, but avoid guessing about facts you do not know.
You do not have to reconstruct the entire accident immediately or provide your own legal analysis of who was responsible.
Be Especially Careful With Insurance Adjusters
Insurance companies often become involved very quickly after an accident. You may receive a phone call shortly afterward asking what happened, whether you are injured, whether you will provide a recorded statement, or whether you would like to discuss resolving the claim.
It is appropriate to cooperate with your own insurance company as required by your policy, but cooperation does not mean you need to speculate, exaggerate, minimize your injuries, or provide an extensive analysis of fault.
You should also understand that the insurance company for another person or business is not necessarily looking at the situation from your perspective. An adjuster may be trying to determine liability, evaluate the value of the claim, and decide how the insurer should respond.
A request for a recorded statement can therefore deserve some thought before you agree. You can provide basic factual information about the accident without assuming that you must immediately provide a detailed recorded account of every symptom, theory of fault, or aspect of your claim.
Preserve Evidence Before It Disappears
Some evidence has a surprisingly short lifespan.
A business surveillance system may automatically record over older footage. A nearby vehicle's dashcam may overwrite its recording. A damaged item may be repaired or thrown away. A dangerous condition on someone's property may be cleaned up or fixed. Even people's memories become less precise as time passes.
If you believe surveillance footage, dashcam footage, doorbell-camera footage, or other video may exist, preservation should be addressed promptly.
Physical evidence should also be preserved whenever it may be relevant. Depending on the accident, that could include damaged clothing, helmets, shoes, bicycles, motorcycle equipment, personal property, or other objects involved in the incident.
Do not clean up, repair, alter, or discard potentially important evidence simply because the accident is over.
Your Own Memory Is Evidence, Too
Your recollection is another form of information that can become less precise over time.
As soon as you are able, write down what you remember. Include where you were, what you were doing, what you saw and heard, what happened immediately before the accident, what happened at the moment of impact or injury, and what happened afterward.
Your account does not have to be perfect. In fact, it is better to record what you actually remember than to fill in gaps with guesses.
Notify the Appropriate Insurance Companies
Insurance policies commonly contain requirements concerning prompt notice of an accident or loss. If you are involved in a car accident, for example, you may need to notify your own automobile insurer.
The initial notification can generally focus on the basic facts: when the accident occurred, where it happened, the people involved, and the fact that an accident occurred.
Keep in mind that notifying an insurer and giving a detailed recorded statement are not necessarily the same thing. If an insurer wants an extensive account of the accident or your injuries, you may want to understand what is being requested before providing it.
Do not intentionally conceal information from your insurer or violate the terms of your policy. At the same time, there is generally no benefit to speculating about facts you do not know or making definitive statements about the extent of your injuries before you have had an opportunity to be evaluated.
Keep a Simple Accident File
After the immediate crisis has passed, create a simple place to keep your accident-related information.
It does not need to be elaborate. A folder on your computer or a dedicated folder in your email can work, along with a running note on your phone.
Keep copies of:
Medical records and bills
Prescriptions and treatment instructions
Photographs and videos
Police or incident reports
Insurance correspondence
Repair estimates and property-damage information
Receipts for accident-related expenses
Witness contact information
Notes concerning conversations about the accident
Documentation concerning missed work or other activities
Copies of any letters, emails, or text messages from insurance companies, property owners, businesses, or other parties involved in the accident.
Keep a Symptom and Treatment Journal
A simple running record of your symptoms can also be useful.
Note when symptoms occur, how they affect your daily activities, what treatment you receive, and whether your condition is improving or getting worse. If an injury prevents you from doing something you normally do—working, exercising, caring for family members, sleeping comfortably, driving, or performing ordinary household tasks—make a note of that as well.
You do not need to turn your life into a spreadsheet. The purpose is simply to avoid relying entirely on memory months or years later.
Keep Track of Expenses and Missed Work
Accidents can create financial consequences that are easy to overlook.
Keep records of medical expenses, prescription costs, transportation to medical appointments, property damage, and other reasonable accident-related expenses. If you miss work because of an injury, document the dates missed and, when appropriate, the effect on your income.
There may also be consequences that are not captured by a receipt. An injury may interfere with household responsibilities, childcare, exercise, hobbies, social activities, or other ordinary aspects of daily life.
Keeping track of these changes while they are happening can make it easier to accurately describe the impact of an injury later.
Understand That Legal Deadlines Exist
In the immediate aftermath of an accident, a lawsuit may be the last thing on your mind. That is understandable. But California law imposes deadlines for pursuing personal injury claims, and those deadlines should not be ignored.
For many personal injury claims, California Code of Civil Procedure section 335.1 provides a general two-year period for filing a lawsuit based on personal injury.
There are important exceptions. One of the most significant involves claims against government entities. Depending on the circumstances, a person may need to present an administrative claim to the appropriate government entity much sooner—often within six months under California Government Code section 911.2.
This can matter in situations involving a government vehicle, government-owned property, or certain injuries occurring on public property.
The important point is that the legal deadline is not the same thing as the practical deadline for getting organized. Waiting until the deadline is approaching can make it much more difficult to locate witnesses, preserve video, obtain records, investigate the accident, and understand the full extent of an injury.
Frequently Asked Questions
I didn't call the police at the scene. Is it too late to make a report?
Not necessarily. The appropriate procedure depends on the type of accident, where it occurred, and the agency or entity involved. If an accident was not reported at the scene, it may still be possible to make a report afterward.
The sooner you address the issue, the better. An accident report made closer in time to the event may provide a more useful record than trying to reconstruct what happened much later.
I said "I'm sorry" after the accident. Did I admit fault?
Not necessarily. People often apologize or make other spontaneous comments after an unexpected accident without intending to accept legal responsibility.
That said, it is generally better to avoid speculating about fault going forward. Focus on accurately describing what you observed and experienced rather than trying to decide legal responsibility in the immediate aftermath.
How soon should I see a doctor after an accident?
If you believe you are injured, it is generally best to seek appropriate medical attention as soon as reasonably possible. Some injuries are not immediately obvious, and prompt evaluation can help identify problems that might otherwise be overlooked.
If you initially feel fine but develop pain or other symptoms later, do not assume that the delay means the symptoms cannot be related to the accident. Tell your medical provider about the accident and when your symptoms began.
What if I cannot remember everything that happened?
That is common after a stressful or frightening event. Do not guess or try to fill in missing details simply because you feel like you should remember everything.
Write down what you do remember as soon as you can. Photographs, witness statements, police reports, medical records, surveillance footage, and other evidence may later help establish details that are difficult to recall.
Do I have to give the other driver's insurance company a recorded statement?
You are not necessarily required to provide an immediate recorded statement simply because the other insurer asks for one. The circumstances can vary, however, and your own insurance policy may impose cooperation requirements that are different from the obligations you have to another party's insurer.
It is reasonable to understand what is being requested and why before providing a detailed recorded account, particularly when the extent of your injuries is still developing.
What if I did not realize I was injured until several days later?
That happens. Some injuries do not become fully apparent immediately after an accident.
If symptoms develop later, seek appropriate medical attention and explain to the provider when the accident occurred and when you first noticed the symptoms. Keep a record of how your condition developed rather than assuming that a delayed symptom automatically rules out a connection to the accident.
What if I could not take pictures of the accident scene?
Not being able to take photographs immediately after an accident does not necessarily prevent you from documenting what happened. You may have been injured, too shaken up, or unable to safely remain at the scene. Your first priority should always be safety and medical care.
If possible, photographs can be taken later of the vehicles, property damage, roadway or accident location, visible injuries, and other conditions that may still be relevant. Other evidence may also help, including witness statements, police or incident reports, medical records, video footage, repair records, and photographs taken by someone else.
If the condition of the accident scene may have changed, write down what you remember as soon as reasonably possible. Even when photographs are unavailable, a contemporaneous written account can help preserve important details.
What should I do if the other person or insurance company says I was at fault?
Do not assume that an insurance company's position about fault is necessarily the final determination of what happened. Fault may depend on evidence that is not immediately available, including photographs, witness statements, video footage, accident reports, vehicle damage, traffic signals, roadway conditions, and other information.
You should be truthful when describing the accident, but avoid guessing or accepting responsibility for something you do not believe you did simply because another person or an insurance adjuster says you were at fault. California follows a comparative-fault system, so even when an injured person is found to have some responsibility for an accident, that does not necessarily eliminate the person's claim. The amount of any recovery can instead be reduced according to the person's share of responsibility.
If fault is disputed, the circumstances of the accident and the available evidence should be considered before assuming that the insurance company's position is correct.
What Matters Most After an Accident
You do not need to have every answer in the first few minutes after an accident. You do not need to understand California personal injury law, determine exactly who was responsible, calculate the value of your claim, or know what your case will ultimately look like.
Focus first on safety and medical care. Then, as you are able, focus on documentation, reporting, evidence preservation, and keeping good records. Be truthful and factual when speaking with others, but do not feel pressured to immediately provide a complete legal analysis of what happened.
The individual circumstances will determine what additional steps make sense. A serious truck collision may require preservation of electronic vehicle and driver records. A slip and fall may require prompt attention to surveillance footage. A dog bite may involve animal-control reporting. A pedestrian accident may require a different investigation altogether.
The basic framework, however, remains the same: take care of yourself, document what happened, preserve what may disappear, and do not let important deadlines sneak up on you.
Serving the Santa Clarita Valley
These basic steps apply to accidents throughout the Santa Clarita Valley, including Valencia, Canyon Country, Newhall, Saugus, Stevenson Ranch, and Castaic.
The appropriate police agency, reporting procedure, medical facility, and other local details can vary depending on exactly where an accident occurred. Whether you were involved in a collision on I-5, injured on a local street in Valencia, involved in a pedestrian accident in Newhall, bitten by a dog in Canyon Country, or injured on someone else's property in Saugus, the same fundamental priorities apply: get safe, get medical attention, document what happened, preserve evidence, and understand your next steps.
