Generally, people at the scene of a California accident who offer assistance to victims are protected from being sued for causing any unintentional harm.
Through California’s Health and Safety Code (HSC), legislators want to encourage “Good Samaritan” behavior and not leave someone who helps on the scene of a collision at risk of legal action.
(b)(2) Except for those persons specified in subdivision (a), no person who in good faith, and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency shall be liable for civil damages resulting from any act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct. The scene of an emergency shall not include emergency departments and other places where medical care is usually offered. This subdivision shall not be construed to alter existing protections from liability for licensed medical or other personnel specified in subdivision (a) or any other law.
Protection for Good Samaritans at Accident Scenes
Witnesses, those who come upon accidents, and those involved in accidents are protected from civil liability for taking action to help victims.
The protection may apply to people attempting to provide medical care to victims, or to someone who moves victims to get them out of the way of a perceived threat. HSC 1799.102 protects people who attempt medical and non-medical assistance.
If, through the “good faith” effort to help those hurt in an accident, a Good Samaritan unintentionally causes more harm, they usually cannot be sued for damages.
Acting in good faith means that a Good Samaritan took action to assist victims with the honest intention of helping.
HSC 1799.102 would safeguard those taking action as long as the following were true:
- People helping at the scene of an emergency.
- People with the intention of helping.
- Offering help without expecting compensation.
Protection after a Mistake: Good Samaritans acting in good faith and seeking to provide help would usually avoid civil liability, even if they made a mistake.
Some other key points:
- The law does not allow victims to break traffic laws when attempting to help.
- The law does not mean that passing drivers and passersby are forced to stop and help.
- Victims who feel they were hurt by a Good Samaritan can still file lawsuits, but because of the Health and Safety Code, Good Samaritans have strong protections against being found liable.
When Good Samaritans Could Be Liable
Those jumping in to provide help at the scene of a crash could usually count on legal protections as they make what may be quick decisions.
But people are still responsible for using good judgment. If their behavior causes harm and they engage in actions that were grossly negligent, they can face litigation. In California, people must not attempt dangerous actions that a “reasonable person” in the same situation would not take.
Attempting to drag someone across lanes of oncoming traffic without any evidence that they are in danger, and causing injuries, might be considered gross negligence. Attempting a complicated medical procedure with no training could also be viewed as gross negligence and remove the protection of the Health and Safety Code.
Willful and Wanton Conduct is also mentioned as something not covered by the Health and Safety Code. This is conduct that is so dangerous that people would have known or should have known that they were likely to cause harm to a victim.
Determining If You’ll Need a Car Accident Lawyer for Your Case
If you are seriously hurt by another driver, it’s a good idea to talk over your case with a skilled car accident attorney. A case involving a minor injury, or just a crushed vehicle, could usually be handled on your own.
However, with a more serious injury, like a broken arm, a neck or back injury, or a Traumatic Brain Injury (TBI), a skilled California car accident lawyer may be a valuable protection. Your lawyer can investigate what happened and gather powerful evidence. They can fight back when a car insurance company tries to blame you, or passes your injuries off as just cuts and scratches. A skilled attorney can often win you much more in an injury claim than you could earn for yourself.
If you aren’t sure if you need a lawyer, there’s a no-risk way to find out. Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation. And if you do need our help to earn more, you never have to break the bank to pay a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the settlement check a car insurance provider must write.