Fatal and Serious Injury Accidents

This section explains the policies and procedures governing actions taken against a driver’s privilege to operate a motor vehicle when the driver is involved in a collision resulting in a fatality or serious injury.

It addresses the level of negligence involved and the range of sanctions the DMV may impose based on the circumstances of the incident. The DMV may take action against a negligent operator following a collision that results in death or serious bodily injury, even if the driver has not previously accumulated any negligent operator points.

Authority

California Vehicle Code (CVC) §13800(a) authorizes the DMV to investigate accidents involving fatalities or serious injuries to determine whether a driver’s privilege to operate a motor vehicle should be revoked, suspended, restricted, or placed on probation.

Pursuant to CVC §§12809, CVC 12813, CVC 13359, CVC 13953, and CVC 14250, the DMV is authorized to take administrative action when a driver is determined to be a negligent operator as a result of involvement in a fatal or serious injury accident.

CVC §13802 requires the DMV to consider the extent to which a vehicle was used and the mileage driven when applying the provisions of CVC §13800 and determining whether action against the driving privilege is warranted.

Negligence

Administrative action may be warranted when a driver’s conduct demonstrates negligence, even if the conduct does not rise to the level of gross negligence. This includes circumstances involving driver misjudgment, inattention, or a failure to exercise reasonable care under the circumstances.

A driver is considered negligent when they fail to use the degree of care that a reasonably prudent driver would exercise to prevent a collision. Drivers have a responsibility to operate their vehicles defensively by considering traffic conditions, roadway conditions, weather conditions, familiarity with the route, the condition and capabilities of their vehicle, their own driving experience and skill level, and their ability to maintain proper control of the vehicle at all times.