Sacramento Hit-And-Run Accident Attorneys
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Our Sacramento Hit-And-Run Attorneys Are Committed To Injury Victims Across California
Sacramento is the governmental center of California, where state legislators, lobbyists, and policy analysts live and work. Situated near the American River and the Sacramento River, Sacramento is home to approximately 520,000 residents. As one of the largest capital cities in the United States, it is a diverse, energetic, and exciting place to live. Contact our law firm if you are seeking a hit-and-run accident attorney in Sacramento.
The Sacramento Metropolitan area is home to approximately 2,200,000. Due to the numerous people who live in this area of California, automobile accidents and pedestrian accidents are quite common.
The residents of Sacramento and the surrounding areas often travel on congested Sac-Town freeways. These drivers are at risk of suffering injuries in traffic accidents. Road safety regulations are designed to ensure the safety of drivers and lower the likelihood of serious bodily injuries and fatalities. However, Sacramento is an incredibly busy and large metropolis. Traffic accidents are inevitable in a place so busy and crowded. Victims often have post-traumatic stress disorder after surviving the shock of an automobile accident.
Drivers, passengers, and pedestrians may cause accidents negligently or recklessly. The individuals involved in an automobile accident must stop when they realize their actions have caused serious bodily injury to others. Drivers who do not attempt to mitigate the harm they cause during an accident may face legal sanctions. Hit-and-run accidents occur throughout California, and victims should know their legal rights to hold the driver liable.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.
– ARASH KHORSANDI
The Facts: Hit-and-Run Accidents
Hit-and-run accidents can make injured victims feel offended and degraded. However, you need to remember that you can get help if you are a victim of a hit-and-run accident. Thousands of accidents involving hit-and-run happen each year in the United States. Negligent and reckless drivers often panic and leave the scene of the accident to avoid legal and financial consequences.
In some cases, drivers who flee accident scenes don’t have automobile liability insurance. Also, many drivers involved in hit-and-run accidents do not possess valid driver’s licenses. Other drivers may be intoxicated and flee to avoid being arrested for driving under the influence of alcohol or drugs.
Drivers who choose to leave the scene of the collision do not want to accept responsibility for their actions. The following facts provide a brief outline of the degree to which hit-and-run accidents affect people in the United States:
- In 2016, approximately 330 individual hit-and-run accidents happened in California. The state ranked seventh in the United States for the total number of fatalities related to hit-and-run accidents. Florida and Texas each have more than 100 fatalities related to hit-and-run accidents every year.
- Pedestrians and cyclists are more likely to die during hit-and-run accidents than drivers and passengers in automobiles. Approximately 20 percent of all pedestrian fatalities occur due to hit-and-run accidents.
- Approximately 680,000 hit-and-run accidents occur each year in the United States. Florida, Louisiana, and New Mexico are the states with the highest number of hit-and-run accidents in 2016.
- In 2016, 2,000 fatalities occurred during hit-and-run accidents across the United States.
- Hit-and-run accidents occur every minute in the United States, according to the AAA Foundation for Traffic Safety.
Drivers, pedestrians, and cyclists should do everything in their power to avoid causing hit-and-run accidents. Distracted driving is easily avoidable if drivers focus on the road and take their eyes off their mobile phones and GPS devices. Drivers should attempt to make room for pedestrians and cyclists traveling on the road.
Those who are walking or cycling on the roads can use lights and bright clothing to make themselves more noticeable. Every party involved in an automobile accident should remain on the scene and contact authorities to make an accident report.
California Automobile Accident Laws
When a driver abandons an accident scene after striking another vehicle or person, they create what is known as a hit-and-run accident. These drivers do not offer to help injured passengers, drivers, or property owners. Individuals who leave the scene of the accident do not offer reasonable assistance, such as providing insurance or contact information. Injured parties may require medical attention, and hit-and-run drivers do not contact an ambulance to help those who suffer injuries.
Some hit-and-run drivers do not speak to anyone at the accident scene and typically attempt to avoid being questioned by other parties. However, sometimes a party will leave the accident scene to seek emergency medical treatment for those involved in the accident.
Two primary laws concern hit-and-run accidents in California. Some individuals may only cause property damage and no personal injuries. It is a misdemeanor to damage property and flee the accident scene. For example, a driver may not see a parked car and suddenly strike the parked automobile.
The second law concerns hit-and-run accidents during which an individual suffers serious bodily injury or death. It is a felony under California law to flee an accident scene at which an individual suffers serious bodily injury or death. Parties who are interested in holding a fleeing party liable must establish that the driver caused serious physical injury or death and left the accident scene with knowledge that they were leaving the accident scene. Proving these elements can be difficult and time-consuming due to the lengthy legal procedures involved.
Although individuals who flee accident scenes can face criminal charges in California, they may also be defendants in civil lawsuits filed by injured plaintiffs. Injured parties must file their legal claims within the statute of limitations period. Parties must file their legal claims before the statute of limitations period ends. If they do not, they lose the right to bring their legal claims for damages.
California Code of Civil Procedure §335.1 states that any party who seeks financial compensation for personal injuries must file a complaint within two years of the date of the injury. You must understand how the statute of limitations can affect the claims you have that arise from a hit-and-run accident.
What Is The Time Limit For Reporting Hit-And-Run Accidents?
If you are involved in a hit-and-run accident in Sacramento, you should report it without delay. Law enforcement officers will analyze and scrutinize the accident scene to determine what evidence can be collected to establish that a party fled the accident scene.
Evidence may fade away as time passes after a hit-and-run accident. A hit-and-run driver may have left portions of their automobile on the road near the accident scene. These pieces of evidence may not remain intact for long periods of time. Evidence is typically scarce at hit-and-run accident scenes. Any evidence that tends to prove the driver fled the scene can benefit a civil case against the driver.
Accident Reports And The California Highway Patrol
Individuals involved in traffic collisions resulting in more than $1,000 in property damage, fatalities, or serious bodily injuries must report the accident to law enforcement agencies or the California Highway Patrol within twenty-four hours. The rule is included in California Vehicle Code 20008. Not reporting an automobile accident within twenty-four hours will make it less likely that a hit-and-run driver can be discovered. Legal consequences may also arise if an accident causes physical injuries and the event is not reported within twenty-four hours.
The Department Of Motor Vehicles And Accident Reporting
Individuals involved in accidents that mandate reporting to law enforcement agencies or the California Highway Patrol are also required to submit a report to the California Department of Motor Vehicles. Parties who are involved in a hit-and-run accident must inform the California Department of Motor Vehicles within ten days of the date of the incident. You must provide the California Department of Motor Vehicles with the names of injured individuals, the make and model of automobiles, insurance company information, and other relevant details.
Parties should inform insurance companies about the hit-and-run accident after the incident. Specific insurance companies may impose deadlines on individuals covered under an insurance policy. Other insurance companies may not require that an accident be reported within a particular time period. However, you do not want to delay and risk having the insurance company deny your claim. Before you contact the insurance company, you should acquire as many details about the accident as possible.
Seeking Financial Compensation After A Hit-And-Run Accident
Those who suffer injuries during hit-and-run accidents can face mental and bodily pain that affects their lives for months and years. Not only do these individuals suffer injuries to their bodies and minds, but they also suffer lost earnings and reduced earning capacity because they are unable to work. Medical costs, property damage, and loss of enjoyment of life also cause victims additional psychological distress. Surviving family members also suffer when someone dies due to the injuries suffered during a hit-and-run accident.
Accident victims in California seek monetary compensation for the property damage and physical injuries they suffer during a hit-and-run accident. Insurance claims and civil lawsuits can help accident victims seek financial compensation for their injuries. Parties claim different types of damages during hit-and-run accident lawsuits. Injured parties can seek financial compensation for the following types of damages:
- Punitive Damages — Punitive damages are intended to punish the defendant and deter them from committing the same conduct in the future. In rare cases, courts may award punitive damages in addition to compensatory damages.
- Property Damages — Injured parties may seek compensation for the repair costs for their property damage. If a vehicle is totaled during a hit-and-run accident, the injured party can pursue the fair market value of the automobile before the accident.
- Lost Earnings — An injured party can add lost earnings to their injury claim if they are unable to return to work while recovering from their injuries. Individuals who are disabled can recover lost future earnings.
- Pain and Suffering — Individuals injured in automobile accidents may also seek non-economic damages, such as pain and suffering. Under California law, no ceiling exists for non-economic damages, with the exception of medical malpractice claims.
- Medical Costs — Medical bills can accumulate quickly after an individual suffers injuries during a hit-and-run accident. Pursuing these costs in an injury claim can help ease the financial burden of paying for ongoing medical treatment, physical therapy, and rehabilitation.
These damages are generally part of personal injury cases in California. The facts of a specific case will determine which damages may be applicable. Understanding the differences between these types of damages is critical to your personal injury case.
What Causes Individuals To Flee Accident Scenes?
Individuals choose to leave the scene of an automobile accident for many different reasons. Common reasons include avoiding:
- Being held responsible for the accident.
- Being arrested due to outstanding arrest warrants.
- Being arrested for driving under the influence of alcohol or drugs.
- Being deported due to not being a legal citizen.
- Repercussions from not having automobile liability insurance.
- Repercussions from not having a valid driver’s license.
Drivers who flee accident scenes may not face criminal charges in some circumstances, but they can be liable for damages in a civil lawsuit.
Sources Of Financial Compensation
Individuals who suffer personal injuries during accidents can seek financial compensation from the other party’s insurance company or their own. One of the biggest challenges with pursuing monetary compensation in a hit-and-run accident case is finding and identifying the driver who fled the accident scene. Law enforcement officers and a legal professional may provide assistance in finding the at-fault driver.
Under most circumstances, injured parties may pursue financial compensation from the insurance company that covers the adverse driver. Under California law, drivers must purchase automobile liability insurance coverage to drive in California lawfully. A driver may not have automobile insurance, or the driver may not have the minimum amount of automobile liability coverage mandated by the state. In this case, the injured party may file a civil lawsuit against the driver for damages.
Claimants may face these common challenges when pursuing a civil case against a hit-and-run driver:
- Outright rejection or denial of the injury claim.
- Claim that the victim is partly responsible for their injuries.
- Difficulty in gathering evidence to support the case.
Speak to a hit-and-run accident attorney in Sacramento if any of these issues arise in your claim.
California law provides that those who are victimized by hit-and-run drivers may pursue a civil compromise. However, hit-and-run accidents are not included under California Penal Code 1377. The power to use a civil settlement instead of other sanctions no longer applies to hit-and-run accidents. Yet injured victims can pursue monetary compensation through different channels.
Drivers who suffered an injury during a hit-and-run accident may pursue financial compensation through their insurance company. Some drivers may never locate or identify the driver who fled the accident scene. Under these circumstances, it is often necessary for a driver to look to their own insurance company for compensation. Drivers who are covered under an automobile insurance policy may seek the costs of renting a replacement automobile and automobile repairs.
Individuals often purchase uninsured motorist insurance policies in case they suffer an injury from an uninsured driver in a future accident. Underinsured motorist insurance policies can help drivers receive financial compensation if the other driver does not have policy limits that cover the losses sustained during an automobile accident.
Determining If An Automobile Insurance Policy Has Uninsured And Underinsured Motorist Coverage
Drivers can scrutinize their own automobile insurance policies to determine if they have uninsured motorist and underinsured motorist coverage. Many automobile insurance policies have uninsured motorist and underinsured motorist coverage. Individuals can seek financial compensation from their own insurance companies if they have uninsured motorist and underinsured motorist coverage. Most of these policies are not costly, and they offer valuable benefits. However, insurance companies may still delay or deny your uninsured motorist or underinsured motorist coverage.
Insurance companies are for-profit entities that do not want to pay out more in claims than they bring in from premiums. Injured parties need to anticipate that it is possible for their insurance company to attempt to deny or delay an insurance claim related to a hit-and-run accident.
Paying Deductibles For Hit-And-Run Accidents
The deductible is the price an insured pays to an insurance company prior to the company covering damages related to an automobile accident. The premium amount and the total claim value can affect the price of the deductible. An insured who pays less in monthly premiums may have a higher deductible. An insured may look to their own automobile insurance company after suffering injuries during an accident, but they may have to pay a deductible. Automobile insurance policies are not uniform, and the components of an automobile insurance policy can affect deductible amounts.
An insured who files an uninsured or underinsured motorist (UM/UIM) claim will often not have to pay a deductible on that specific coverage, although this can vary by state and by insurer. UM/UIM coverage is designed to pay for covered losses when the at-fault driver has no insurance, not enough insurance, or, in many cases, cannot be identified (such as in a qualifying hit-and-run), subject to the terms of the policy. When an insured makes a claim under UM/UIM coverage, the insurance company typically pays covered damages up to the UM/UIM policy limits, but the insured may still be responsible for other out-of-pocket costs, such as deductibles on collision coverage or medical expenses not covered by the policy.
Individuals who pursue financial compensation as part of collision coverage will often need to pay a deductible. An insured will have to pay a deductible for any collision coverage. Personal injury protection insurance also requires the insured to make a deductible payment. Those who file a collision coverage claim and a personal injury protection insurance claim will have to pay deductibles.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Steps To Take Following A Hit-And-Run Accident In Sacramento
Suffering injuries during an automobile accident is a terrifying experience. But many motorists become alarmed when they realize that the individual who caused the accident drives away from the accident scene. The following are important things to keep in mind after a hit-and-run accident.
Do Not Panic
It is important to remain at the accident scene and not chase after the fleeing driver. Seek immediate medical treatment by dialing 911. Then, contact law enforcement officers to report the accident and alert them about the fleeing driver.
Although you may want to run down and find the fleeing driver, please refrain from doing so. You may put your life at risk if the fleeing person is armed and dangerous.
Do Not Chase The Hit-and-Run Driver
As an injured victim, you may panic and attempt to drive after the person who fled the accident scene. Engaging in this behavior can be incredibly dangerous. First, you do not want to flee the accident. You should stay at the scene and contact medical personnel and law enforcement officers. Second, you risk being sanctioned for speeding or reckless driving. Third, you may put the lives of other pedestrians, cyclists, and motorists at risk of serious bodily injury or death.
Do Not Flee The Accident Scene
It is a violation of California law to flee the scene of an accident. Do not leave the accident scene until law enforcement officers arrive to complete a traffic collision report. Contact 911 after you determine if any passengers need medical attention. Write down any notes about the individual who left the scene of the accident. You may note if the driver was intoxicated. Also, you need to note if the driver was alone. If you can recall, write down the license plate number of the vehicle. Law enforcement officers can take this information, and it may help them apprehend the individual who caused the accident and drove away from the scene.
Inquire About Witnesses
Getting the accounts of eyewitnesses can be beneficial in a claim. If you have numerous witnesses who saw the accident, it can help you avoid having to deal with he-said-she-said issues. Any witnesses who approach an injured victim after an accident can be a potential asset.
Take down all of their contact information and make sure you can contact the witness in the future. Having these pieces of information can help support your claim.
Document The Accident Scene
Document the scene of the accident by taking photographs with your mobile phone. It is important to take pictures of internal and external property damage. Also, take note of the areas where the responsible driver struck your automobile. The fleeing driver’s automobile may be examined, and the paint from the involved vehicles may assist investigators and insurance claims adjusters.
Car accidents must be reported within twenty-four hours under California law. If a law enforcement officer states that you cannot file a report because you only suffered minor property damage, write down that officer’s identification number and name. Sometimes, police officers may not drive to the accident scene because they believe the accident is insignificant and did not result in bodily injury or property damage. Go to the department yourself and file a police report to document the accident.
It is possible to file an electronic police report in some areas. Both the Sacramento County Sheriff’s Department and the City of Sacramento Police Department allow citizens to complete hit-and-run accident reports on the internet. Use a search engine to discover if you can report the accident to the police department online.
The individual who abandoned the accident scene may be an uninsured motorist. If so, they will likely blame you for the accident, so they do not have to pay you any financial compensation. In reality, the uninsured hit-and-run driver may be liable for the resulting losses. Consult a Sacramento hit and run accident attorney to determine if you have a viable legal claim.
Not reporting the accident means that the insurance company may categorize the accident as a not-at-fault loss. This categorization may increase the price of your automobile insurance premiums.
Seek Legal Advice
Do not delay when seeking legal advice regarding your case. You want to make sure you file any legal claims you have within the statute of limitations period. If you do not file your legal claims within the statute of limitations period, you risk losing monetary compensation that can help you pay medical costs and automobile repair bills.
Retain our Sacramento hit-and-run accident lawyers to determine if you can file a civil lawsuit against a driver you injured during a hit-and-run accident. By speaking to a knowledgeable and skilled personal injury attorney from the Sacramento area, you can determine how to seek monetary compensation for your injuries. You have the option to pursue your legal rights and seek compensation for your injuries.
How A Personal Injury Lawyer In Sacramento Can Help You
Victims of hit-and-run accidents often feel disrespected and humiliated as they try to recover from their injuries. Retaining a Sacramento personal injury attorney can be a helpful step for injured victims who are unsure where to turn as medical bills begin to accumulate.
A personal injury lawyer can assist you in pursuing an injury claim or represent you in a civil lawsuit to protect your rights. You can benefit from retaining a personal injury attorney. A personal injury lawyer can:
- File claims with insurance companies for property repair bills, medical costs, and miscellaneous expenses.
- Find the driver who fled the accident scene and pursue legal claims against the driver.
- Cooperate with law enforcement officers and witnesses to find the driver responsible for the hit-and-run accident.
- Keep in touch with you to inform you of important updates regarding your personal injury case.
- Pursue monetary compensation that will benefit you and your family members.
- Create a dynamic strategy for every phase of your personal injury case.
- Obtain evidence to establish liability and economic and non-economic damages.
Do not wait until the statute of limitations almost expires to retain a personal injury lawyer. The sooner you take action, the sooner you can begin seeking financial compensation for your injuries.
Contact Our Law Firm To Schedule A Free Initial Consultation
Hit-and-run accidents can cause physical suffering, psychological trauma, and permanent disability. You may not know where to turn because you cannot identify the driver who caused your injuries. Contact Arash Law, led by Arash Khorsandi, Esq., to schedule a free consultation. We have decades of experience representing clients in hit-and-run accident cases.
Our Sacramento personal injury lawyers have represented clients throughout California. We serve the following cities near Sacramento: Roseville, Orangevale, Citrus Heights, Elk Grove, Davis, Fair Oaks, Foothill Farms, Rancho Cordova, North Highlands, Carmichael, Rio Linda, La Riviera, Florin, Rosemont, and West Sacramento.
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