San Luis Obispo Hit-and-Run Accident Attorneys
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Our San Luis Obispo Hit-And-Run Accident Attorneys Offer Dedicated Legal Support
San Luis Obispo (commonly referred to as just SLO) is the county seat of San Luis Obispo County, with a population of 47,063, according to the 2020 United States Census. The city is conveniently located in the Central Coast region of California, situated midway between San Francisco and the Greater Bay Area, as well as the Greater Los Angeles metropolitan region.
Downtown San Luis Obispo is very walkable, making pedestrians a common sight. However, many people can be involved in possible accidents with motor vehicles that cause serious injuries or even death. When a negligent driver leaves the scene of a collision, it is known as a hit-and-run accident. Seeking advice from San Luis Obispo hit-and-run accident attorneys helps you to understand your rights and receive guidance throughout the legal process.
People who are hurt in hit-and-run crashes can often face profound confusion about what legal options they have when the negligent drivers are unknown. Victims can seek compensation for various types of damages in these cases, including medical bills, lost wages, and property damage when vehicles are involved.
California state law stipulates that all drivers are expected to stop at the scenes of crashes and exchange personal information, as well as that victims must receive necessary medical care. Failure to fulfill these obligations is a criminal offense that may result in either a misdemeanor or felony charge, depending on the extent of the damage caused.
Any person who suffers injuries in a hit-and-run accident in the greater San Luis Obispo area will want to be sure they retain legal counsel because it can be complicated for most people to try and resolve the many issues on their own. Arash Law, headed by Arash Khorsandi, Esq., is a dedicated personal injury law firm that advocates for the rights of individuals injured in accidents by providing experienced legal representation and assisting them throughout the claims process.
Hit-and-run victims may need to work with their own insurance companies in these situations. It’s important to remember that insurance companies have their own procedures and guidelines for evaluating and settling claims. While they aim to provide support to their customers, their goal is also to manage costs and resolve claims efficiently, which may affect the settlement amounts offered.
When a hit-and-run accident results in a fatality, the family members of the deceased may have grounds to file a wrongful death action. Even in cases of other injuries or simple property damage, people can often seek a settlement that is appropriate for their losses.
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
California Hit-And-Run Statistics
The most recent statistics from the California Highway Patrol (CHP) indicate that there were 20,739 hit-and-run injury crashes and 375 fatal hit-and-run crashes in the state. These accidents resulted in 26,821 injury victims and 391 fatalities.
The accidents included 205 fatal automobile-pedestrian accidents and 2,605 injury cases. Other accidents included 7,479 rear-end injury crashes and 39 fatal cases, 3,911 broadside injury crashes and 49 fatal accidents, 3,253 sideswipe injury crashes and 24 fatal accidents, 1,290 hit object injury crashes and 20 fatal accidents, and 1,027 head-on injury crashes and 10 fatal cases.
The insurance research and analysis website ValuePenguin reported that overall fatal hit-and-run accidents increased from 1,342 to 1,939 over the course of the last decade, with deaths resulting from such accidents increasing 44 percent from 1,393 to 2,005. California was the state with the highest number of fatal hit-and-run accidents, having 17 percent of the total in the United States, with 2,948 crashes causing 3,056 deaths.
California had a rate of fatal hit-and-runs per 10 billion miles of 8.8, with 104 deaths per 100 crashes. According to ValuePenguin, 25- to 34-year-olds were the age group most likely to be killed in hit-and-run accidents, with 687 drivers in this age group dying in hit-and-run accidents.
Additional research from the AAA Foundation for Traffic Safety found 2,049 deaths caused by hit-and-run accidents, the highest number on record, and a 60 percent increase over the past seven years. AAA also stated that over one hit-and-run crash happens every minute on roads in the United States.
Reasons Why Drivers Commit Hit-And-Run Offenses
When another person causes or is otherwise involved in a motor vehicle accident, it is natural to wonder why they would choose to leave the scene without complying with state law. The truth is that people can have multiple reasons why they did not stop.
While many people will consider it normal for all drivers to stop at the scenes of crashes and check on the status of other parties, some of the most common reasons that drivers do not stop include:
- The Driver Did Not Have a License — A driver may have been operating without a valid driver’s license and chose not to stop to avoid possible consequences of driving without a license.
- The Driver Is Uninsured — It is often possible that the driver was operating without a valid insurance policy at the time of an accident.
- The Driver Had Concerns About Their Immigration Status — If a negligent driver did not have legal status to be in the United States, they might have left the scene to avoid possible consequences related to being in the country illegally.
- The Driver Had a Criminal History — Some drivers with criminal records avoid stopping to try and prevent themselves from facing new criminal charges that could only add to their existing records.
- Simple Fear — There is the possibility that the simplest explanation for why a driver left the scene was that they were afraid of what would happen if they reported the accident.
- The Driver Was Intoxicated — A negligent driver might have been under the influence of drugs or alcohol and fearful that stopping would result in driving under the influence (DUI) charges.
- The Driver Was Unaware That They Caused an Injury or Property Damage — A negligent driver can argue that they did not know they struck another person or property.
- The Driver Was Responding to an Emergency — A negligent driver can claim they had a medical emergency they were dealing with that prevented them from stopping.
- The Vehicle Owner Was Not the Driver — The actual owner of a vehicle involved in a hit-and-run collision can claim they were not the person driving the vehicle at the time of the incident.
Hit-and-run drivers can be held liable for the damages they cause regardless of their awareness of the accidents. While a lack of awareness may reduce some of their criminal penalties, it does not exempt them from any potential civil liability for the victim’s losses.
How Victims Can Pursue Compensation For Damages After Hit-And-Run Accidents
Victims in hit-and-run accidents often have multiple options for pursuing financial compensation to cover all of their losses stemming from such a crash. The most common claim that people will file is a personal injury claim against the negligent driver.
Because California is an at-fault state, a negligent driver can be held responsible for all damages associated with a hit-and-run accident. This means that a victim may pursue a lawsuit to recover expenses related to medical bills, lost wages, and potentially even compensation for pain and suffering.
If the negligent driver cannot be found, victims can pursue compensation through their own insurance company if they have uninsured or underinsured motorist policies. You need to understand that just because you are dealing with your own insurance company does not mean the insurer is going to pay you an extravagant amount.
Even when you file a lawsuit against a negligent driver, you are likely to be negotiating with an insurer for an appropriate settlement for your case. You will want to have a San Luis Obispo hit-and-run lawyer who can negotiate on your behalf, as they understand the laws and can effectively navigate your claim.
Arash Law Can Help You Pursue Compensation For Injuries Or File Wrongful Death Claims
If you file a lawsuit after a hit-and-run accident, a case that proceeds to trial may result in a jury awarding different types of compensatory damages. The specific types and amounts depend on the unique facts of your case, the evidence presented, and the jury’s determination. Compensatory damages generally include two categories: economic damages and non-economic damages.
Economic damages are tangible losses you have suffered that you can prove, such as:
- Medical bills
- Lost wages
- Property damage
Non-economic damages are much more subjective types of harm that do not have inherent financial values, including:
- Pain and suffering
- Loss of consortium
- Disability
Common Causes Of Hit-And-Run Accidents
Hit-and-run accidents may result from any one of several types of driver negligence. Every single case is different and will involve its own unique elements.
In some cases, a driver may have simply been unaware that a pedestrian was crossing the street or that they were encountering another motor vehicle. In other cases, a negligent driver might have been distracted if they were preoccupied with using a cell phone to call or text another person.
There are also cases in which negligent drivers flee the scenes of hit-and-run accidents because they were operating while they were under the influence of drugs or alcohol. Such drivers may take comfort in knowing that even if they are apprehended later by law enforcement, the effects of intoxication will have worn off. Some drivers may simply be unaware that they were involved in collisions, thinking a sound was caused by them running over an object on the road.
There are also concerns about a driver not having the necessary driver’s license or insurance. Some drivers are more reluctant to stop when they have prior criminal records that they fear will enhance their criminal penalties.
All negligent drivers in these cases can be held liable for their actions, and they may face both criminal penalties and civil liability for the resulting injuries. An experienced San Luis Obispo hit-and-run accident attorney at Arash Law can help pursue accountability from the negligent drivers and seek compensation for damages.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
Difference Between Misdemeanor And Felony Charges For Hit-And-Run Accidents In San Luis Obispo
When it comes to criminal charges for a hit-and-run accident in California, a negligent driver can face either a misdemeanor or felony charge. In general, a person will be charged with a misdemeanor when the case involves only property damage, but a hit-and-run accident causing injuries or death often results in felony charges.
All drivers are expected to stop and comply with the requirements established under California Vehicle Code § 20002, whether an accident causes property damage or personal injury. Failure to abide by this law constitutes a criminal offense.
The extent of the property damage in a hit-and-run case involving only property damage will not matter, as a driver still must make an effort to locate the property owner and make arrangements to pay for property damage, whether they struck another vehicle, a fence, a mailbox, or any other form of personal property. Negligent drivers should leave a written notice that provides the name and address of the driver and the owner of the vehicle in some conspicuous place, as well as a statement of the circumstances, and also notify a police department in the city where the collision occurred or the local headquarters of the Department of California Highway Patrol.
When Should Victims File Hit-And-Run Claims
In cases where negligent drivers are identified, and victims know who caused their hit-and-run crashes, insurance companies for those negligent drivers will often prefer to negotiate with the victims to settle their claims and avoid going to court. When an insurance company contacts you and offers you a lump-sum settlement, you need to know that you have no obligation to accept it, and you should not fear that you are giving up your only opportunity by declining such an offer.
When you hire a San Luis Obispo hit-and-run lawyer at Arash Law, you will have somebody on your side who can negotiate for a fair settlement for your case. If an insurer is unwilling to provide adequate compensation for your case, then your attorney can file a lawsuit to take it to court.
Because trials can be costly, insurance companies may be more open to settlement discussions as your claim moves forward. Filing your claim starts the process of documenting your losses and protecting your right to pursue compensation.
Create A Solid Case With The Help Of San Luis Obispo Hit-And-Run Accident Attorneys
When a person is facing hit-and-run charges in California, they might claim defenses with the hope that these may allow them to avoid criminal penalties. Some of the different defenses can include:
- The Negligent Driver Was Unaware of the Accident — A driver can have a good-faith belief that they had struck an animal or some other object and did not realize they had caused property damage or injury.
- The Owner Was Not the Negligent Driver — There can be cases in which a vehicle owner was not the driver at the time of an accident. In certain cases, a vehicle owner can also argue that witnesses incorrectly identified their vehicle, and mistaken identity errors by witnesses can lead to the dismissal of criminal charges.
- Personal Safety Concerns — A negligent driver may have had issues about the neighborhood they were in or may have been dealing with a medical emergency that prevented them from stopping.
- Involuntary Intoxication — One challenging defense to prove in these cases can involve a driver arguing that they were unknowingly intoxicated by drugs and should not be liable for their actions during this state.
It is important to remember that even when a negligent driver can overcome their criminal charges, they can still be held civilly liable. This is why victims should not hesitate to seek the help of an experienced hit-and-run attorney.
What Victims Should Do At The Scene Of A Hit-And-Run
It can be a very frantic and chaotic scene following a hit-and-run accident. People need to try and remain calm before taking certain steps. The first thing to remember is that you should never try to follow a negligent driver. Not only should you not put your own safety in danger by attempting to chase down a negligent driver, but you are also leaving the scene of the accident, where you need to stay.
Instead, begin recording as many details as you can about the motor vehicle that caused your hit-and-run collision. License plates are typically the most helpful description elements, but if you did not see that, try to write down the make and model of the vehicle instead.
When you see what the actual driver looked like, also write down what you remember about their physical description. See if anybody else witnessed your accident and get their contact information.
Prioritize calling the police and reporting the accident to the authorities, as they will initiate their own investigation to locate the negligent driver and hold them accountable. You should also seek medical attention, even when you do not think you suffered an injury, as creating a medical record after an accident will be very beneficial in any subsequent injury claim.
Reasons To Hire A San Luis Obispo Hit-And-Run Accident Attorney
Several people may believe that they do not need to hire legal representation for a hit-and-run accident because who is at fault is so clear in these cases. You do not want to make this mistake because hit-and-run cases often involve a number of significant legal hurdles that are incredibly difficult for the average person to navigate.
By hiring a skilled San Luis Obispo hit-and-run accident lawyer at Arash Law, you will be working with legal professionals who can help locate a negligent driver and seek appropriate compensation. Even when the driver cannot be found, our firm knows how to work with insurance companies to protect your interests and pursue a fair resolution.
Consider seeking professional legal guidance when dealing with an insurance company, as the claims process can be complex and challenging to navigate. Insurance companies may present settlement offers that do not fully reflect the extent of your losses. Avoid providing any recorded statement because you might unknowingly admit to some kind of fault. Do not sign any paperwork you do not fully understand.
Call Us To Speak With A San Luis Obispo Hit-And-Run Attorney
A hit-and-run crash in the San Luis Obispo area can cause a lifetime of challenges for an accident victim, and people need a skilled legal professional handling their case. When another party causes a hit-and-run accident, you may have grounds to pursue financial recovery for the losses you are facing.
Once you start working with us, we will initiate our own investigation into your accident to gather key evidence and identify the negligent driver. At Arash Law, our team is experienced in handling personal injury cases, including car accidents, slip-and-fall incidents, and dog bites. We are dedicated to helping clients pursue fair compensation for their losses.
Call (888) 488-1391 or contact us online to schedule a free initial consultation with our San Luis Obispo hit-and-run attorney. You may also complete our “Do I Have A Case? form here to share details of your situation. Our team is available to answer your questions, evaluate your case, and explain the next steps you can take.
In addition to San Luis Obispo, our firm also handles cases in Avenal, Pismo Beach, Coalinga, Grover Beach, Wasco, Arroyo Grande, Greenfield, Morro Bay, Isla Vista, Atascadero, King City, Santa Maria, Goleta, Taft, and Lompoc.
