Legal Q&A: Who Decides Whether A Car Crash Injury Is “Serious”?

Auto Accidents

Sep 2

Why Official Statistics Don't Tell the Whole Story, And What That Means For Our Clients

Published: September 2, 2025. Estimated Read Time: 5 minutes

Continuing our theme of Auto Accident Awareness Month, today we’re talking about how official California car crash statistics paint a picture of road safety in our state—and how those stats can be both useful and accurate for their intended purpose, even while they don’t capture the full picture.

Yesterday, we talked about what California counties are the most dangerous for drivers and other road-users. One surprise was that if we looked at crashes per capita rather than just by number, more rural areas like Butte, Shasta, and Tulare Counties rose to the forefront as being in the highest risk category.

But, the highest risk for what, exactly? And according to whom?

We used the term “FSI,” which stands for “Fatality and Serious Injury” accident. (Check out our Legal Glossary for a more thorough definition.) You might think it’s pretty obvious when a crash is serious, and often it is. An FSI crash is the worst kind of auto accident, and one that nobody wants to be in.

Today in our Q&A, we’re diving into how this type of crash gets counted—or undercounted—and what this means for our clients.

Q: Who decides a car crash is one that gets counted as a “Fatality and Serious Injury” crash?

A: Great question. Our clients often come to us experiencing life-altering impacts from injuries that were not categorized as “Serious” at the scene.

The criteria for FSI crashes are intentionally narrow and objective, as observed by first responders and law enforcement. When we talk about trends in serious auto accidents in California, we’re using data designed to provide an “on-scene snapshot” that captures a moment in time. Think of the metrics as a count of the most overtly and immediately severe crashes, not a complete count of all crashes with severe long-term consequences.

Q: Can you provide examples of potentially serious injuries that are often missed at the scene of an accident?

A: Absolutely. Whiplash is the classic example.

A debilitating case of whiplash might not present obvious symptoms right away. The officer might see someone who is shaken up but walking and talking, and classify it as a "possible" or "minor" injury. Days later, that person could be in severe pain and unable to work. This crash would not be in the FSI database, yet the injury is very real and serious to the victim.

Another example that can be even more critical is a concussion (Mild Traumatic Brain Injury - mTBI). A person might seem dazed but coherent at the scene and refuse transport. They might not show the specific criteria like "unconsciousness" or "skull fracture." Only later do the cognitive issues, headaches, and mood changes emerge. This crash would also not be in the FSI database.

Q: Are there other situations that result in serious crash injuries being undercounted?

A: Yes. Refusal of medical treatment is an unfortunate but common one.

By definition, a "suspected serious injury" is one that "requires transport from the scene for immediate medical attention." The key word is "requires." If a person refuses that transport, even if they have an objectively serious injury (e.g., a visible compound fracture), the officer is often forced to code the injury based on the outcome. The system records what happened, not what should have happened.

Why People Refuse Treatment: The reasons are numerous: shock, fear of medical bills, not wanting to make a fuss, or simply not feeling the full extent of the injury due to adrenaline.

Q: So, you’ll take me seriously even if my crash wasn’t categorized as a Fatality and Serious Injury accident at the time?

A: Yes! Our work at Caldwell Law Firm addresses the full, long-term human and financial cost of a crash, far beyond what an officer can check a box for at the scene.

A "non-serious" crash can still result in tens of thousands of dollars in medical bills, lost wages, and significant pain and suffering—all of which are recoverable damages in a claim. If an accident’s impacts on you and your daily life are significant, that’s what matters.

Knowledge is Your Best Protection

Awareness is more than just knowing the stats. It’s about being prepared for the unexpected. The moments immediately following a crash are chaotic and stressful. Knowing what to do can protect your health and your legal rights.

That’s why we created our definitive Post-Accident Checklist: What to Do After a California Car Crash. This free resource is designed to be saved to your phone or printed for your glove compartment. It walks you through the essential steps, from securing the scene and seeking medical attention to documenting evidence and dealing with insurance.

→ Download Our Free Post-Accident Checklist Here

Your Advocates, All Year Round

Today, we explored how the state of California determines what to call a “serious injury” crash, and how that may or may not align with what is serious for you according to your lived experience. Many other metrics used to make public policy decisions have similar blind spots.

This phenomenon is often called the Streetlight Effect, named after the parable of the drunk man searching for his keys under a streetlight, not because he lost them there, but because that's where the light is. Official metrics are the "streetlight." They are designed to measure what is measurable, consistent, and objective—like a fractured bone at a crash scene, a person in a shelter on a specific night, or an unemployment claim.

The true, full reality of a situation is often messier, more subjective, delayed, and hidden from view.

Our expertise as lawyers is essential because we work in the area where data meets reality, advocating for those whose suffering the system's "streetlight" failed to illuminate.

Sincerely,

The Team at Caldwell Law Firm

Black and white portrait of a white man in a suit

Michael Train Caldwell was born and raised in the San Francisco Bay Area, and resides in Marin County with his two children. The son of renowned San Francisco trial attorney, Edwin Train Caldwell, Michael comes from a family of litigators, and has been representing individuals facing injury and discrimination for over 20 years.