Freeway crashes and the CHP: reports, jurisdiction and road defects

On California state freeways and toll highways, the California Highway Patrol (CHP) generally has primary responsibility for investigating traffic crashes (Vehicle Code 2400), with an exception for the police of very large cities. That affects where you get your report, how fast evidence is collected, and which deadlines apply if the road itself is part of the problem.

The CHP report

A collision report records the names and addresses of the people involved and of witnesses, vehicle descriptions, the date, time and location, diagrams, and the statements of drivers and witnesses. By law, copies are released to people with a proper interest in the crash, such as the drivers involved, injured people, owners of damaged vehicles or property, people who may be liable, and their attorneys, rather than to the general public, and the fee may not exceed the actual cost of the copy (Vehicle Code 20012). Reports are usually not available immediately, so ask the officer for the incident number at the scene and the area office that will hold the report.

Reporting to the DMV

Separately from the police report, the SR-1 form to the DMV is due within 10 days if anyone was injured or killed, or property damage to any one person exceeds $1,000 (Vehicle Code 16000). A CHP report does not replace it; the DMV notes that law enforcement will not make this report for you.

Freeway-specific causes of fault

• Unsafe lane changes, which require that the move can be made with reasonable safety (Vehicle Code 21658).
• Speed too fast for conditions in slowing or stopped traffic (Vehicle Code 22350).
• Unsecured loads and debris, which California law requires drivers to prevent (Vehicle Code 23114).

If a driver left the scene of an injury crash, the duties to stop and give information are in Vehicle Code 20001 and Vehicle Code 20003. Your own uninsured motorist coverage may apply; when the driver cannot be identified, the coverage generally requires physical contact with the other vehicle, a report to police or the CHP within 24 hours, and a sworn statement to your insurer within 30 days after that (Insurance Code 11580.2).

When the road or the work zone is part of the cause

A public entity can be liable when a "dangerous condition" of its property caused the injury and created a reasonably foreseeable risk of that kind of injury, and either a public employee's negligent act or omission created the condition or the entity had notice of it in time to protect against it (Government Code 835). Examples can include missing guardrails, standing water from a drainage failure, or a poorly marked construction zone. These claims have defenses, including "design immunity" for a plan or design approved in advance by an authorized body or employee (Government Code 830.6).

Before suing a public entity you must present a written claim, generally within six months of the incident for personal injury (Government Code 911.2). An application for leave to present a late claim can be made within a reasonable time, no later than one year after the incident (Government Code 911.4), but it is not something to count on.

Preserve before it is cleared

Freeway lanes reopen quickly. If you can do so safely and only after reaching a safe place, photograph the vehicles, the lane markings and any debris, and note the nearest postmile or exit sign. Tow yards and traffic cameras are limited in how long they keep vehicles and footage.