This checklist provides general educational guidance about steps that may be appropriate after an accident. It is not legal advice and does not create an attorney-client relationship. Every accident is different. Consult a licensed attorney for guidance specific to your situation.
What to Do After an Accident
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Check for injuries — call 911 immediatelyDo not move injured persons unless there is immediate danger. Emergency services create an official record.
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Move to safety and secure the sceneIf vehicles are driveable and no one is injured, move out of traffic. Turn on hazard lights.
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Exchange information with all driversFull name, license number, plate, insurance carrier, policy number, and phone number.
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Photograph everything before vehicles moveAll vehicle damage, license plates, skid marks, road conditions, traffic signs, and injuries.
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Collect witness names and contact infoIndependent witnesses are valuable. Note what they saw before they leave the scene.
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Get the police report numberAsk the responding officer for the report number and how to obtain a copy. Do not leave without it.
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Seek medical evaluation even if you feel fineWhiplash, concussion, and soft-tissue injuries often present hours or days later. A medical record links your injuries to the accident.
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Notify your insurance companyReport the accident promptly. Stick to the facts — do not speculate about fault or minimize your injuries.
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Write down everything you rememberSpeed, direction, weather, sequence of events, what all parties said. Memory fades quickly — document now.
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Do not give a recorded statement to the other driver's insurerYou are not legally required to. Politely decline until you have consulted an attorney.
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Preserve all physical evidenceKeep damaged clothing and property. Do not repair your vehicle until it has been inspected or documented.
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Obtain the official police reportRequest a copy from the responding agency. Review it for errors and note any inaccuracies in writing.
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Start a medical and expense journalLog every appointment, symptom, medication, and out-of-pocket cost. This record supports your claim.
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Document lost wages and missed workGet a letter from your employer confirming dates missed and your rate of pay. Include self-employment income loss.
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Consult a personal injury attorneyMost PI attorneys offer free consultations. Early legal advice protects your rights before insurers shape the narrative.
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Know your state's statute of limitationsYour window to file a lawsuit is time-limited and begins at the date of injury. Use the SOL Reference Tool to check your state.
How to Use This Tool
Work through the checklist systematically. Check off each completed item. The checklist is organized chronologically — At the Scene, Within 24 Hours, Within 10 Days, and Ongoing. Items marked as high-priority are the most time-sensitive, particularly evidence that overwrites or disappears quickly.
The checklist can be saved or printed. Some items — such as the surveillance footage preservation demand and the DMV SR-1 filing — have hard deadlines that run from the date of the accident. Do not delay on those items.
Frequently Asked Questions
Call 911 for any injury accident, then photograph the scene before anything moves. Scene photographs — showing vehicle positions, damage patterns, road conditions, and traffic controls — are the most time-sensitive evidence. Once vehicles are moved and the scene is cleared, this evidence is gone permanently. Everything else can be done afterward; the scene photographs cannot.
Most commercial surveillance systems overwrite footage within 24 to 72 hours on a continuous loop. Once overwritten, footage is gone permanently. A written preservation demand to the property owner creates a legal obligation to retain the footage; failure to preserve after receiving the demand may constitute spoliation of evidence. This demand must be sent the day of the accident — not days or weeks later.
The California Report of Traffic Accident (SR-1) form must be filed with the DMV within 10 days of any accident involving injury, death, or property damage exceeding $1,000 under Vehicle Code § 16000. This filing is required regardless of whether a police report was filed. The SR-1 is submitted directly to the California DMV and failure to file results in license suspension. The form is available at dmv.ca.gov.
No. You are not legally required to give a recorded statement to the adverse insurer. These statements are used to find inconsistencies, establish comparative fault, and minimize the insurer’s liability exposure. You must cooperate with your own insurer under your policy’s cooperation clause. The adverse insurer’s cooperation request has no legal force.
Whiplash, concussion, soft-tissue injuries, and internal bleeding frequently present with delayed symptoms — the adrenaline response to the accident suppresses pain signals. A same-day medical evaluation creates a record linking any subsequent symptoms to the accident mechanism. A gap between the accident and first medical treatment allows the adverse insurer to argue that the injuries were not caused by the accident or that the delay indicates they were not serious.
Photograph the truck’s DOT number and company name immediately. Send a written litigation hold demand to the carrier the same day demanding preservation of ELD records, GPS data, dashcam footage, driver qualification files, and vehicle inspection records. Federal regulations require six-month ELD retention, but electronic data overwrites without a specific hold demand. The carrier’s insurance representative may arrive at the accident scene — do not provide statements to them.
Other Free Legal Reference Tools
SOL Reference Tool
Look up the general personal injury filing window for your state, with California-specific exceptions for government claims and medical malpractice.
Open SOL Tool →Need an Attorney, Not Just a Tool?
These tools provide general legal information. For actual legal representation, find a licensed attorney in your state through these verified directories.