If it is safe and no one is seriously hurt, moving your car can help prevent additional accidents and keep traffic moving. In many cases, doing so is not only allowed but required.
California Car Accident Laws
Under California Vehicle Code §20002, drivers involved in non-injury accidents must move their vehicles. It can be to the side of the road, a nearby parking lot, or a safer shoulder area. Turn on your hazard lights to alert other drivers.
When You Should Not Move Your Vehicle
There are situations where it may be unsafe or unwise to move your vehicle after a crash. For example:
You or another person is seriously injured
The vehicle is disabled or leaking fluids
The crash scene involves hazardous conditions (e.g., fire or electrical danger)
Law enforcement instructs you not to move the car
If staying in your vehicle puts you at further risk—for example, on a highway shoulder or blind curve—exit the vehicle and wait at a safe distance until help arrives. Do not attempt to move anyone who is hurt unless there is an immediate danger, such as a fire. Call 911 and follow emergency personnel instructions.
What to Do After Moving Your Vehicle
If it is safe to move your car after a crash, follow these important steps:
Document the scene by taking photos of the vehicles, license plates, road conditions, and any skid marks
Exchange information with the other driver(s), including names, contact details, driver’s license numbers, and insurance info
Talk to witnesses and collect their contact information if possible
Ask an officer for the police report number
Report the accident to your insurer
Consult a trusted car accident attorney to review your claim and ensure you recover fair compensation
In most situations, moving your vehicle after a crash does not harm your claim—especially if you document the original scene with photos and notes.
How Is Fault Determined If I Move My Car?
Fault is determined based on the totality of evidence and not solely on the final positions of the vehicles. Law enforcement officers and insurance adjusters consider multiple factors when evaluating who caused the crash, including:
Statements from drivers and witnesses
The official police report
Photographs of the scene taken before and after vehicles were moved
Visible vehicle damage and point of impact
Roadway evidence like skid marks or debris
Traffic laws and right-of-way rules
These same principles apply whether the crash involves distraction, inattention, or even driver fatigue. If drowsy driving is suspected, the process of proving liability can become more complex—our guide on how to prove fault in a drowsy driving accident case explains what evidence can help support your claim.
Can I Still Recover Compensation if I Was Partially at Fault?
California follows a pure comparative negligence system under Civil Code §1714. This means that even if you are partially at fault for the accident, you can still recover compensation—your damages are simply reduced by your percentage of fault. For example, if you are found 30% at fault and your total damages are $100,000, you can still recover $70,000.
If the insurance company tries to shift blame unfairly or use vehicle movement against you, an experienced Fresno car accident attorney can protect your rights.
