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California’s Good Samaritan Law: Can You Be Sued for Helping at an Accident Scene?

Last Updated: May 24th, 2025

Published on

May 2, 2025

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When an emergency unfolds before your eyes—like a car crash on Ventura Boulevard—your instinct may be to help. But in those high-stress moments, a pressing question often lingers: Can I be sued for stepping in to assist? In California, the answer largely depends on the circumstances, and that’s where the state’s Good Samaritan Law comes into play.

According to the National Safety Council, over 5.4 million medically consulted injuries occurred in motor vehicle crashes in 2022 alone, making roadside emergencies more common than many might think.¹ In these moments, Good Samaritans can make a real difference—but they also need to understand their rights and potential legal risks.

In this guide, our team at State Law Firm—a boutique personal injury firm based in Sherman Oaks—is here to break it all down. We’ll walk you through what California’s Good Samaritan Law covers, who it protects, when immunity applies, and when it doesn’t. Our goal is to empower you with the knowledge to act confidently and responsibly should you ever find yourself at the scene of an accident.

Whether you’re a concerned citizen, a healthcare professional off duty, or someone just trying to do the right thing, this article will help you understand the legal landscape and make informed decisions when seconds matter.

Understanding California’s Good Samaritan Law: An Overview

California’s Good Samaritan Law is designed to protect individuals who voluntarily provide emergency assistance at the scene of an accident or crisis. Codified in California Health and Safety Code Section 1799.102, this law offers limited immunity from civil liability to those who render aid in good faith and without compensation.

At its core, the law reflects a public policy: encouraging bystanders to assist others in emergencies without the fear of being sued. This balance between civic duty and legal safety net is essential in fast-paced environments like freeway collisions, wildfires, or sudden medical emergencies.

Pro Tip: Even when legal protection exists, staying within the bounds of what’s reasonable under the circumstances is key. Your actions should never worsen the condition of the person you’re trying to help.

Who is Covered Under the Good Samaritan Law in California?

Not everyone who lends a hand is automatically immune from liability. California’s law primarily protects laypersons, not those acting in a professional capacity.

Who typically qualifies as a Good Samaritan?

  • Bystanders or passersby who stop to help at an accident scene.
  • Individuals without a duty to act (e.g., not police officers, firefighters, or EMTs while on duty).
  • Off-duty medical professionals—but only under specific conditions.

On the other hand, trained professionals providing assistance within the scope of their employment or licensure may not be covered under this particular statute and are often held to different standards of care.

Key takeaway: If you’re not being paid, not on duty, and genuinely trying to help, the law is likely on your side.

The Scope of Protection: What Actions Are Legally Protected?

California’s Good Samaritan Law covers only those actions that are:

  • Rendered at the scene of an emergency
  • Given voluntarily and without expectation of compensation
  • Not grossly negligent or reckless

Legally protected actions may include:

  • Pulling someone from a burning car
  • Performing CPR on an unconscious person
  • Applying pressure to stop severe bleeding

However, immunity doesn’t apply to actions that are wildly inappropriate under the circumstances—even if they were well-intended.

Pro Tip: Stick to the basic life-saving aid you’re reasonably capable of performing. Avoid using equipment or techniques you’re not trained in, as this could increase your exposure to legal risk.

Potential Risks: When Can a Good Samaritan Be Sued?

While the law offers important protections, it’s not a free pass. You can still be sued if your conduct crosses certain legal lines.

Situations where immunity does not apply:

  • Gross negligence: Acting in a way that shows extreme disregard for safety (e.g., moving someone with a spinal injury without necessity).
  • Willful or wanton misconduct: Helping in a way that’s intentionally harmful or egregiously reckless.
  • Outside the emergency scene: Actions taken after emergency responders arrive may not be covered.

Even if a lawsuit is filed, however, California courts are generally reluctant to penalize well-meaning bystanders—so long as their actions were reasonable under the circumstances.

Pro Tip: If you ever find yourself unsure, offering verbal support or calling 911 may be the most responsible contribution you can make.

The Importance of Acting Responsibly as a Bystander in Emergencies

Helping in a crisis is admirable—but it’s most effective when done safely and thoughtfully. Understanding your capabilities, the scene, and the risk of harm is vital.

Tips for responsible intervention:

  • Assess the scene first. If it’s unsafe, wait for professionals.
  • Call emergency services immediately.
  • Only perform first aid you’re trained in.
  • Never move an injured person unless there’s imminent danger.
  • Stay calm and communicate clearly.

Responsible action not only protects you legally—it may also save a life.

If you’ve been involved in an accident or acted as a Good Samaritan and now face legal questions, don’t guess. Our Sherman Oaks car accident attorneys can help clarify your rights and protect your interests.

Cases and Examples: Real-Life Applications of the Good Samaritan Law in California

Several cases have tested the scope of California’s Good Samaritan protections—most notably:

Van Horn v. Watson (2008)

In this landmark case, a woman pulled her friend from a car after a crash. The friend later sued, claiming her spinal injuries were worsened by the rescue. The California Supreme Court ruled that non-medical assistance is covered, but medical care must meet a higher standard. This led the legislature to amend Section 1799.102 to better clarify the law’s intent and coverage.

Other examples include:

  • Bystanders who applied CPR in parks or malls, later protected from liability.
  • Good Samaritans involved in wildfire evacuation efforts, shielded from lawsuits due to good-faith efforts in a crisis.

These cases reinforce the value of good intentions paired with reasonable actions. They also highlight the importance of having legal guidance when the line between helpful and harmful isn’t crystal clear.

Final Thought:
Whether you’re assisting at a crash site or offering help in a natural disaster, understanding California’s Good Samaritan protections is more than just smart—it’s essential. If you’ve recently helped in an emergency and now face legal uncertainty, our team at State Law Firm is ready to advocate for you. We specialize in tackling complex personal injury cases—especially the ones that demand courage and nuance.

Let’s talk about how we can help you move forward.

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