San Bernardino County’s extensive highway system and congested urban areas see thousands of traffic collisions annually, leaving many victims facing complex insurance claims, mounting medical bills, and significant property damage. Following a collision, the actions you take can significantly impact your ability to recover fair compensation. While insurance companies often work to minimize their payouts, understanding the proper steps to take after a car accident can help protect your rights and improve your chances of receiving adequate compensation for your losses.
This comprehensive guide outlines the critical steps to take following a motor vehicle collision in San Bernardino County, explaining your legal rights and providing guidance on navigating the complex aftermath of an incident on the road.
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Stay Calm and Assess the Situation
The moments immediately following a collision can be chaotic and stressful. Your first priority should always be safety:
- Take a deep breath and try to remain calm
- Check yourself and your passengers for injuries
- Assess the severity of the situation
- If anyone appears seriously injured, avoid moving them unless absolutely necessary
The shock of an incident can mask injury symptoms, so it’s important to monitor yourself and others involved for signs of trauma even if everyone seems fine initially.
Move Your Vehicle to a Safe Location
If your vehicle is creating a hazard in the roadway and can be safely moved, California law requires you to move it to a safe location. This might be:
- The shoulder of the road
- A nearby parking lot
- Any area away from traffic
However, if there are serious injuries or you’re unsure if the vehicle can be moved safely, it’s best to leave it in place and wait for emergency services to arrive.
Contact Law Enforcement to Document the Incident
In San Bernardino County, you should call 911 to report any collision involving:
- Injuries
- Deaths
- Property damage exceeding $1,000
When police arrive, they will:
- Assess the scene
- Interview drivers and witnesses
- Create an official police report
This official document becomes a critical piece of evidence for insurance claims and potential legal action. Be sure to note the responding officer’s name and badge number, and ask how to obtain a copy of the report once it’s filed.
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Gather Information From All Involved Parties
While waiting for law enforcement to arrive, exchange information with all other drivers involved in the incident:
- Full names and contact information
- Driver’s license numbers
- Vehicle registration details
- Insurance company names and policy numbers
- License plate numbers
- Vehicle makes, models, and years
It’s also important to collect telephone numbers from any witnesses who may have seen the collision occur. Their testimony could be valuable if there are disputes about how the incident happened.
Take Photographs of the Scene and Damages
Documenting the collision scene thoroughly can provide crucial evidence for your claim:
- Photograph all vehicles involved from multiple angles
- Capture close-ups of vehicle damages
- Take pictures of the overall scene, including road conditions
- Document any visible injuries
- Photograph relevant road signs, traffic signals, or obstacles
- Note weather and lighting conditions
These photographs can help insurance adjusters and your legal team understand exactly how the incident occurred and who may be at fault.
Review Local Laws Relevant to Traffic Collisions
Understanding the specific laws that apply to vehicular incidents in San Bernardino County can help you protect your rights:
- California is a “fault” state for traffic collisions, meaning the person responsible for causing the incident is also responsible for the resulting damages
- The state follows “pure comparative negligence” rules, which means compensation may be reduced by your percentage of fault in the collision
- You must report incidents resulting in injury, death, or property damage over $1,000 to the DMV within 10 days
Knowledge of these local regulations can help you avoid potential pitfalls in the aftermath of a collision.
Understanding Your Rights and Responsibilities in San Bernardino County
After an incident on the road in San Bernardino County, you have specific legal rights and responsibilities that can impact your ability to recover damages.
Know the California Financial Responsibility Law
California requires all drivers to carry minimum liability insurance of:
- $15,000 for injury/death to one person
- $30,000 for injury/death to more than one person
- $5,000 for property damage
However, these minimums often prove insufficient for serious collisions. Underinsured motorist coverage can provide additional protection if you’re in an incident with someone carrying minimal insurance policy limits.
Report the Incident to Your Insurance Provider
Most insurance policies require prompt reporting of collisions, regardless of fault. When speaking with your insurance company:
- Stick to the facts of what happened
- Avoid speculation about fault
- Don’t provide recorded statements without legal advice
- Document all communications with insurance representatives
Remember that even your own insurance company’s interests may not align perfectly with yours after a collision.
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Investigate the Claims Process in San Bernardino County
Understanding how insurance claims typically progress in San Bernardino County can help set realistic expectations:
- Initial claim filing with relevant insurance companies
- Claim investigation by insurance adjusters
- Assessment of damages (property damage and injuries)
- Settlement negotiations
- Possible litigation if a fair settlement cannot be reached
This process can take months to complete, particularly if injuries are severe or there are disputes about legal liability.
Seek Medical Attention for Any Sustained Injuries
Even if you feel fine immediately after a collision, it’s crucial to seek medical attention:
- Some serious injuries may not show symptoms right away
- Medical records create an official documentation of your injuries
- Delaying treatment can give insurance companies reason to dispute your claim
- Follow-up care is essential for both your health and your legal claim
San Bernardino County has numerous medical facilities equipped to handle collision injuries, from minor to severe.
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What to Do if the Incident Involves Insurance Companies
Dealing with insurance companies after a collision can be challenging, as their primary goal is to minimize their financial exposure.
Collect Relevant Documentation for Insurance Claims
To strengthen your insurance claim, gather and organize:
- The police report
- All medical records and bills
- Evidence of lost wages due to injury
- Repair estimates for vehicle damage
- Photographs of the collision scene and injuries
- Witness statements
Having thorough documentation ready can expedite the claims process and make it harder for insurers to dispute the extent of your damages.
Communicate Effectively With Insurance Adjusters
When dealing with insurance adjusters:
- Respond promptly to reasonable requests for information
- Keep communication clear and factual
- Document all conversations with dates, times, and the name of the person you spoke with
- Be cautious about signing any releases or providing recorded statements
- Consider having legal representation before engaging in significant settlement discussions
Insurance adjusters are trained negotiators whose job is to settle claims for as little as possible.
Understand the Role of Liability in California
California’s pure comparative negligence system means:
- Multiple parties can share fault for a collision
- Your compensation may be reduced by your percentage of fault
- You can recover some damages even if you’re 99% at fault (though significantly reduced)
Understanding how fault is determined in California cases can help you anticipate potential challenges to your claim.
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Available Resources for Collision Victims in San Bernardino County
Several resources are available to help victims in San Bernardino County navigate the aftermath of a collision.
Locate Local Legal Assistance for Claims
Working with a knowledgeable attorney in San Bernardino County can significantly improve your chances of receiving fair compensation. Legal professionals can:
- Investigate the incident thoroughly
- Handle all communication with insurance companies
- Gather and preserve critical evidence
- Consult with medical experts to understand the full extent of your injuries
- Negotiate skillfully for a fair settlement
- Represent you in court if necessary
Many lawyers offer free consultations to evaluate your case and work on a contingency fee basis, meaning you don’t pay unless they recover compensation for you.
Access Medical Facilities for Post-Incident Care
San Bernardino County offers numerous medical facilities equipped to treat collision injuries, including:
- Emergency rooms for immediate trauma care
- Urgent care centers for less severe injuries
- Specialists for specific injury types (orthopedists, neurologists, etc.)
- Rehabilitation centers for ongoing recovery
- Pain management specialists
Maintaining consistent medical care not only promotes healing but also creates a documented record of your injuries and treatment.
Utilize Community Resources for Support
Beyond legal and medical assistance, other resources can help with recovery:
- Support groups for collision survivors
- Mental health services for trauma and stress
- Temporary transportation services
- Financial assistance programs for those facing hardship
These resources can provide valuable support during what is often a challenging time.
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Common Pitfalls to Avoid After a Collision
Certain mistakes can significantly impact your ability to recover fair compensation after an incident on the road.
Don't Admit Fault at the Scene
Even if you believe you may have contributed to the collision, avoid making statements like:
- “I’m sorry”
- “I didn’t see you”
- “It was my fault”
Determining fault in an incident is complex and should be left to investigators, insurance adjusters, and potentially the courts.
Avoid Discussing the Incident on Social Media
Social media posts can be used against you in insurance claims and legal proceedings:
- Insurance companies may monitor your accounts
- Posts showing physical activity could contradict injury claims
- Comments about the collision could be interpreted as admissions of fault
- Photos or check-ins may suggest your injuries aren’t as severe as claimed
It’s best to minimize internet use entirely while your claim is pending.
Steer Clear of Delays in Filing Claims
Prompt action is essential after a collision:
- California has a two-year statute of limitations for personal injury claims
- Insurance policies typically require “prompt” reporting of incidents
- Evidence can disappear or degrade with time
- Witnesses’ memories fade
Delaying action can significantly weaken your position when seeking compensation.
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Frequently Asked Questions About Traffic Collisions in San Bernardino County
What Are the Steps to Take After a Hit-and-Run?
After a hit-and-run incident, immediately call police and provide any details you can remember about the other vehicle. Gather witness information, take photographs, and report the incident to your car insurance company, as your uninsured motorist coverage may apply.
How Do I Handle an Incident With an Uninsured Driver?
If you’re in a collision with an uninsured driver, call law enforcement to document the incident, collect the driver’s personal information, and contact your auto insurance provider. Your uninsured motorist coverage or collision coverage may help cover your damages.
What Should I Know About the Statute of Limitations for Collision Claims?
In California, you generally have two years from the date of the incident to file a personal injury lawsuit and three years for property damage claims. Government entity claims require filing an administrative claim within six months of the incident.
Can I Afford a Lawyer in San Bernardino County?
Most attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation. Initial consultations are typically free, making legal representation accessible regardless of your financial situation. Learn more about our fee structure.
What Compensation Can I Receive for My Collision Injuries?
Potential compensation may include medical expenses, lost wages, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. The specific amount depends on injury severity, impact on your life, and the available insurance coverage.
Will I Have to Go to Court for My Claim?
Most collision claims settle outside of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, your lawyer may recommend proceeding to trial to pursue the compensation you deserve.
How Do I Obtain a Police Officer's Report After a Collision?
Visit the police department that responded to your incident with your case number, driver’s license, and proper identification. You may need to pay a small fee and complete a request form. This official document contains crucial information for your insurance claim and will be requested by your car insurance company.
What Should I Include in My Roadside Assistance Plan for Emergencies?
A comprehensive roadside assistance plan should include towing services, jump starts, flat tire changes, lockout services, and fuel delivery. Many car insurance policies offer these services as add-ons, providing valuable help when you experience a breakdown or fender-bender on San Bernardino County roads.
How Can I Receive First Aid at the Scene of a Traffic Incident?
If you or others need immediate medical attention, call 911 to request an ambulance. While waiting, use any available first aid kit to address minor injuries. Many motor vehicle collisions require professional medical evaluation, even when injuries seem minor, as symptoms may develop hours or days after the incident.
What Information Does the Department of Motor Vehicles Require After a Collision?
The California Department of Motor Vehicles requires you to file a Traffic Accident Report (SR-1) within 10 days if the collision resulted in injury, death, or property damage exceeding $1,000. Include all drivers’ license information, vehicle registration details, insurance policy information, and your personal telephone number for contact purposes.
How Do I Protect My Rights When Speaking With an Insurance Adjuster?
Consult with a personal injury lawyer before providing recorded statements to insurance adjusters. Limit communication to basic facts, never speculate about fault, and don’t consent to releasing all your medical records. Remember that adjusters work for insurance companies whose interests may conflict with yours.
What Should I Include on a Post-Collision Checklist?
Create a comprehensive document that includes: obtaining witness contact information including telephone numbers and email addresses, taking photographs of all vehicles and the scene, collecting insurance policy information from all parties, noting the exact location using zip code and cross streets, and documenting all medical treatment received for injuries.
Have you been injured in a traffic collision in San Bernardino County? Don’t face the aftermath alone. Call the Law Offices of Edgar Lombera at 909-915-0181 today for a free consultation and take the first step toward justice and recovery.
This content is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes will vary based on the specific circumstances involved. For personalized legal guidance, please contact our office directly.