Californias Good Samaritan Law in 2019 Can You Be Sued for Helping a Car Accident Victim and Aggravating Their Injury

A bystander who renders emergency care in good faith at a California car accident scene generally cannot be sued for ordinary negligence under Health and Safety Code § 1799.102. However, if the bystander’s actions constituted gross negligence — an extreme departure from what a reasonably careful person would do — or willful misconduct, civil liability remains possible. The law encourages bystander assistance but does not shield conduct that is reckless, untrained, and directly harmful to the injured victim.

Ordinary negligence is a failure to exercise the care a reasonable person would use in similar circumstances — a momentary lapse or honest mistake. Gross negligence, by contrast, is the want of even scant care: conduct so extreme it reflects conscious disregard for another’s safety. California courts apply this distinction directly under § 1799.102. Ordinary negligence is protected; gross negligence is not. Factors such as the bystander’s training, the available alternatives, and whether the victim objected to the intervention all inform which standard applies.

Source: Compass Law Group | Car Accidents

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Yes. The 2009 amendment to Health and Safety Code § 1799.102, enacted through Senate Bill 760, specifically extended ordinary-negligence protection beyond licensed medical professionals to all bystanders who render emergency care in good faith. You do not need to be a doctor, nurse, or EMT to qualify. However, attempting complex medical procedures you have no training to perform — when safer alternatives were available — could still expose you to a gross negligence claim regardless of your layperson status.

Do not make any recorded statements to the injured party, their family, or any insurance company without first speaking with an attorney. Document everything you remember about the emergency — what you saw, what you did, in what order, and who else was present. Gather contact information for any witnesses who observed your assistance. Then contact an experienced California personal injury attorney who can evaluate whether your conduct falls within the Good Samaritan protections of Health and Safety Code § 1799.102 before any litigation is filed against you.

Generally, no. An injured victim’s right to pursue a personal injury claim against the at-fault driver is unaffected by whether a Good Samaritan also assisted at the scene. If the bystander’s assistance was recklessly rendered and aggravated the victim’s injuries, California’s comparative fault rules allow courts and juries to apportion liability across multiple parties — meaning the victim may have claims against both the driver and the bystander simultaneously, without one claim reducing the other.