Fallbrook Crash Injures Three on State Route 76
A serious accident on State Route 76 near Old Highway 395 in Fallbrook sent three people to the hospital. The crash occurred around 8:16 p.m. on May 10, involving a gray Mini Cooper sedan and a white Sprinter van.
The driver of the sedan and his wife were rescued from their vehicle and taken to Palomar Hospital with unspecified injuries. A third person in the sedan was found unconscious and also hospitalized.
A passenger in the van is believed to have been transported to the hospital as well. The California Highway Patrol is investigating the cause of the collision.
If you or a loved one have been affected by a similar incident, the Law Offices of Burg & Brock offers expert assistance. Their team of Vehicle Accident Attorneys can help you navigate the complexities of such cases.
What California law says after a car accident
Reporting requirements after a California collision
California imposes reporting duties on drivers that are separate from any insurance claim.
A report must be filed with the DMV on form SR-1 within ten days of a collision that caused any injury, any death, or more than one thousand dollars in property damage to any one person. This duty applies regardless of fault, applies even when police responded and wrote their own report, and is not satisfied by notifying an insurance company. With current repair costs, most collisions that involve a body shop meet the damage threshold.
A separate rule covers collisions causing injury or death. The driver must make a written report to the California Highway Patrol, or to the city police department where the collision happened in a city, within twenty four hours. The statute states this duty for every injury or fatal collision. In practice, where officers responded and completed a report at the scene, that report generally satisfies the agency’s need, but a driver who assumes this without confirming it is relying on practice rather than on the text of the law.
Missing the DMV deadline can lead to suspension of driving privileges, an outcome unrelated to who caused the collision.
California filing deadlines for injury and death claims
In California, a lawsuit for personal injury caused by another person’s negligence generally must be filed within two years of the injury, under Code of Civil Procedure section 335.1. A claim for a death caused by another’s wrongful act or neglect runs under the same two-year period.
Shorter deadlines apply in specific situations. If a city, county or state agency may be responsible, a written claim must normally be presented to that public entity within six months. Claims involving minors, injuries that are not discovered right away, and certain defendants can follow different timelines.
Which deadline applies depends on the facts of each situation, and the standard two-year period does not govern every claim.
Your Rights After a Car Accident in California
A collision like this one raises questions about fault, insurance and medical costs, usually before anyone has had time to think about them. These guides explain how California handles them.
- Los Angeles car accident lawyer: fault, insurance offers, and what a claim is worth
- Brain and spinal cord injury lawyer: for collisions causing serious or lasting injury
- All practice areas