By Attorney Christopher Brainard, California Personal Injury Lawyer
Car accidents can be overwhelming, chaotic, and confusing—especially in the immediate aftermath. In those critical moments and days that follow, the decisions you make can greatly impact your ability to recover physically, emotionally, and financially.
As a California personal injury attorney, I’ve seen many people unintentionally harm their own cases simply by not knowing what to do. Below are the 7 most common mistakes people make after a crash in California—and how to avoid them.
1. Not Calling the Police
Why it’s a mistake:
Many drivers decide to “handle it privately” when the damage seems minor. But in California, you’re legally required to report accidents involving injury or significant property damage. More importantly, without a police report, you may lack critical documentation later on.
How to avoid it:
Always call 911 and request an officer at the scene. Make sure to ask for a copy of the report once it's filed.
2. Admitting Fault at the Scene
Why it’s a mistake:
Even a simple “I’m sorry” can be misinterpreted as an admission of liability. But in many cases, fault isn’t immediately clear and may involve multiple factors or parties.
How to avoid it:
Stick to the facts when talking to police or other drivers. Let the investigation determine fault.
3. Failing to Seek Immediate Medical Care
Why it’s a mistake:
Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. Waiting too long can harm both your health and your personal injury claim.
How to avoid it:
Visit a doctor or urgent care within 24 hours, even if you feel “fine.” Document your symptoms and follow up as needed.
4. Not Collecting Evidence
Why it’s a mistake:
Insurance companies and opposing attorneys may try to deny or minimize your claim without solid proof. Photos and witness statements can be powerful tools.
How to avoid it:
Use your phone to take pictures of:
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Vehicle damage (all angles)
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Injuries
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Skid marks, debris, road signs, and signals
Also, get contact information from any eyewitnesses.
5. Giving a Recorded Statement to Insurance Too Soon
Why it’s a mistake:
Insurance adjusters are trained to ask questions that may lead you to say something harmful to your case. They often request statements before you’ve spoken to a lawyer.
How to avoid it:
Politely decline to give a recorded statement until you’ve consulted a California personal injury attorney.
6. Posting on Social Media About the Crash
Why it’s a mistake:
Insurance companies and defense attorneys often monitor social media. A single post can be twisted to downplay your injuries or suggest fault.
How to avoid it:
Avoid posting photos, status updates, or comments related to the accident, your injuries, or your recovery while your case is pending.
7. Delaying Contact with a Personal Injury Lawyer
Why it’s a mistake:
Evidence can disappear, witnesses can forget details, and statutes of limitations can expire. The longer you wait, the harder it becomes to protect your rights.
How to avoid it:
Call an experienced California personal injury attorney as soon as possible. Early legal advice helps preserve evidence, avoid critical missteps, and maximize your claim value.
Let LawBrainard Help You Recover
If you or a loved one has been injured in a car accident anywhere in California, we are here to help. At LawBrainard, we provide trusted legal counsel, aggressive representation, and compassionate guidance throughout your case. No legal fees unless we win.
📞 Call me today at (310) 266-4115
🌐 Visit: www.LawBrainard.com
*This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with an attorney. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049. Tel: (310) 266 - 4115. Email: christopherbrainard@gmail.com].