Modesto Hit-and-Run Accident Attorneys
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Dedicated Modesto Hit-and-Run Accident Attorneys Offering Legal Representation For Injury Victims
Modesto is considered the county seat and largest city of Stanislaus County, California. It is conveniently located 68 miles south of Sacramento, 90 miles north of Fresno, 92 miles east of San Francisco, and 66 miles west of Yosemite National Park.
Modesto is home to the McHenry Museum & Historical Society, the Central California Art Association at Mistlin Gallery, and the Tuolumne River Trail. Other attractions include the McHenry Mansion, the Gallo Center for the Arts, the State Theatre, the Great Valley Museum, and Graceada Park. Due to the city’s abundance of attractions, accidents happen more frequently in Modesto.
According to the United States Census, as of July 1, 2021, Modesto had a population of 218,771, with 42.5 percent of residents being white, 40.7 percent being Hispanic or Latino, 8.8 percent being two or more races, 7.6 percent being Asian, 5.0 percent being Black or African-American, and 1.2 percent being American Indian and Alaska natives. The population was 50.9 percent female, with 13.8 percent being 65 years of age or older, 26.3 percent being under 18 years of age, and 7.4 percent being under 5 years of age.
The California Employment Development Department (EDD) reports that the biggest employers in Modesto include Bartles & Jaymes Co., Del Monte Foods Inc., E & J Gallo Winery, Frito-Lay Inc., Health Services Agency, Memorial Medical Center, the Modesto Bee, the Modesto Irrigation District, Pacific Southwest Container LLC, Patterson City Office, Stanislaus County Welfare Department, Storer Coachways, Sysco Central California-Wholesale Restaurant Food Supplies, the United States Postal Service (USPS), and Walmart. The Stanislaus Regional Transit Authority operates a local bus service that has regional service in Stanislaus County and connects to Bay Area Rapid Transit and Altamont Corridor Express stations.
Should you sustain severe injuries or your loved one dies in a hit-and-run accident in Modesto or another community in Stanislaus County, speak to a Modesto hit-and-run accident attorney at Arash Law.
Call (888) 488-1391 or contact us online for a free initial consultation so we can review your case and discuss your legal options.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Modesto Car Accident Statistics
With a population as large as Modesto’s, motor vehicle accidents are fairly typical. Based on California Office of Traffic Safety (OTS) data, Modesto has experienced significant traffic safety challenges, with thousands of people injured in motor vehicle accidents.
Traffic safety records have historically shown Modesto dealing with elevated rates of pedestrian accidents, nighttime crashes, and impaired driving incidents. However, the numbers and specific rankings vary by reporting period.
The Modesto Bee reported that Modesto was recently ranked second-worst among 59 cities for alcohol-related crashes and third-worst for crashes resulting in death. According to KXTV-TV, a Modesto family was dealing with six crashes on their property, including three in which vehicles landed in their home.
Dangers Of Highway 99
The Modesto Bee also reported that four two-lane roads, West Grayson Road, Paradise Road, Shiloh Road, and North Carpenter Road, had 459 crashes or a 66 percent increase over five years. It was also mentioned that the California OTS ranked Modesto as the worst among its peer cities for traffic crashes.
California State Route 99 (SR 99), also known as Highway 99, runs through multiple cities in California and has earned a reputation for being a dangerous route. A study by ASecureLife found that Highway 99 has been identified in various studies as one of California’s more dangerous highways, with significant numbers of traffic fatalities reported along its route.
Many factors affect Highway 99, increasing the danger it poses. First, the highway is generally deemed to be in poor condition because it is narrow and aging. There are also issues with poor lighting, as many accidents on the road occur at night. Both speeding and drunk driving are prevalent on Highway 99 because the speed limit is 70 miles per hour (mph).
Traffic safety researchers have identified Highway 99 as a highway of significant concern due to numerous risk factors, which lead to ongoing safety improvement efforts by state transportation officials. KFSN-TV also reported that California Highway Patrol Public Information Officer Steve Beal said he had “made countless DUI arrests on 99” and is usually looking for Primary Collision Factor (PCF) violations such as distracted driving and speeding.
California Law On Hit-And-Run Cases
Regarding motor vehicle accidents, people generally have two options following a collision. They can either stop and exchange information with other drivers or parties involved or flee the scene.
Under California Vehicle Code § 20002, any person driving a motor vehicle involved in a crash causing injury or death must stop their vehicle at the scene of their accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004. People must take these steps whether they are involved in accidents causing property damage, injury, or death.
A driver must stop their vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Afterward, they must do either of the following:
- They must locate and notify the owner of the other vehicle or the person in charge of the damaged property of the driver’s name and address, as well as that of the vehicle’s owner. It is the responsibility of the other driver, the owner, or the person in charge of any other damaged property, on request, to present their driver’s license and vehicle registration to the other driver, owner, or person in charge of the property. The information a person provides must include the driver’s and registered owner’s current residence address. When a registered owner of an involved vehicle is present at the scene, they must, upon request, present their driver’s license information or some other kind of valid identification to the other involved parties.
- Leave a written notice on a motor vehicle or damaged property providing the name and address of the driver and the owner of the vehicle involved. Also, give a statement of the circumstances and, without delay, notify a police department of the city where a collision occurred. If a crash happens in an unincorporated territory, the driver and owner must inform the local headquarters of the California Highway Patrol.
Not following these steps is a criminal offense. Drivers can face misdemeanor or felony charges. In this regard, classifications often depend on the amount of damage caused.
California Vehicle Code § 20002 Prohibitions
A person violates California Vehicle Code § 20002 when they do any of the following:
- Leave the scene of a motor vehicle accident.
- Drive away without identifying themselves to other involved parties.
- Cause damage to another party’s property.
Definition Of A Hit-and-Run Accident Under California Vehicle Code § 20002
If an alleged offender is accused of having been engaged in a hit-and-run accident, the following elements must be proven beyond a reasonable doubt:
- The alleged offender drove and caused a motor vehicle accident.
- The alleged offender’s accident damaged another party’s property.
- They knew of their involvement in an accident causing property damage, injury, or death.
- They willfully failed to stop at the scene of their accident or provide an owner or person in control of the damaged property with their name and current residence address.
A Modesto hit-and-run accident attorney can help victims understand these laws and explain their legal rights when pursuing damages against the potentially liable party.
Related Criminal Offenses
Driving Without A License, California Vehicle Code § 12500
California Vehicle Code § 12500 applies to drivers who either fail to obtain a California driver’s license or renew it. It does not apply, however, to people driving on suspended or revoked driver’s licenses because criminal charges in those cases are instead filed under California Vehicle Code § 14601.1(a).
The offense is called a wobbler, meaning it can be charged as a misdemeanor or an infraction. A misdemeanor is punishable by:
- Up to six months in jail
AND/OR
- A fine of up to $1,000
An infraction is punishable by a fine of up to $250.00, but no jail time.
California Jury Instructions For Driving Without A License
To establish that an alleged offender committed this crime, there must be evidence that the alleged offender:
- Drove on a highway.
- Did not hold a valid California license.
- Was not otherwise excused from the requirement to have a California license.
California Criminal Jury Instructions (CALCRIM) No. 2221 establishes that the state must show that an alleged offender drove a motor vehicle on a highway and, when they drove, did not have a valid California driver’s license, to convict an alleged offender. Alleged offenders can produce evidence demonstrating that they hold a valid driver’s license. If the evidence raises a reasonable doubt in a jury’s mind about whether an alleged offender held a valid driver’s license, the jury must find the offender not guilty.
DUI, California Vehicle Code § 23152
Under California Vehicle Code § 23152, drivers who are not allowed to operate a motor vehicle are the following:
- Those under the influence of alcohol.
- Those with a blood alcohol concentration of 0.08 percent or higher.
- Those with an addiction to any type of drug.
- Those having an alcohol concentration of 0.04 percent or more while driving a commercial motor vehicle.
- Those under the influence of any drug, or under the combined influence of alcohol and drugs.
Depending on whether it is a person’s first, second, third, fourth, or subsequent DUI offense, they can be charged with a misdemeanor or a felony.
Certain DUI cases may involve aggravating factors that can increase the possible criminal charges. Some DUI cases, however, involve the following penalties:
- First DUI offense in 10 years:
- Three to five years of summary probation when the blood alcohol concentration (BAC) is less than 0.15 percent.
- Three months or 30 hours of DUI school when BAC is 0.15 percent to 0.19 percent.
- Six months or 60 hours of DUI school when BAC is 0.20 percent or higher.
- Attendance at a Victim Impact Panel, nine months of 90 hours of DUI school, up to $1,000 in fines, six-month driver’s license suspension, and/or up to six months in jail.
- Second DUI in 10 years:
- Three to five years of summary probation
- An 18-month or 30-month DUI school course
- Up to $1,000 in fines
- Two-year driver’s license suspension
- And/or up to one year in jail
- Third DUI in 10 years:
- Three to five years of summary probation
- 30-month DUI school course
- Up to $1,000 in fines
- Three-year driver’s license suspension
- And/or up to one year in county jail
California Jury Instructions For Dui
CALCRIM No. 2110 establishes that a prosecutor must show that an alleged offender drove a vehicle and, when they drove, was under the influence of alcohol, a drug, or both alcohol and drugs to convict them of DUI. A person will be considered under the influence when drinking alcohol and/or taking a drug means that their mental or physical abilities are so impaired that they can no longer drive a motor vehicle with the safety precautions a sober person would use and ordinary care under similar circumstances.
When the state proves beyond a reasonable doubt that an alleged offender’s blood alcohol level was 0.08 percent or more at the time of chemical analysis, a jury can but is not required to conclude that an alleged offender was under the influence of alcohol at the time of an alleged offense. It is not a defense for an alleged offender to claim either that they were legally entitled to use a drug or that something else impaired their driving ability.
Felony Hit-and-run, California Vehicle Code § 20001
California Vehicle Code § 20001(a) stipulates that the driver of a motor vehicle involved in an accident causing injury to another person or the death of another person must immediately stop their vehicle at the scene of an accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004. Failure to comply with the requirements may be a misdemeanor or a felony.
Misdemeanor penalties may include:
- A fine of up to $10,000.
AND/OR
- Up to one year in county jail.
Felony convictions can result in:
- A fine of up to $10,000.
- Up to three years in state prison.
- Up to four years in state prison when death or serious injury occurred.
California Jury Instructions For Felony Hit-And-Run Cases
CALCRIM No. 2140 establishes that the state must prove the following:
- The alleged offender was driving and involved in a motor vehicle accident.
- Another person died or suffered permanent and serious injuries during the motor vehicle accident.
- The alleged offender knew that they had been involved in an accident injuring another person or knew from the nature of the accident that it was probable that another person had suffered an injury.
- The alleged offender willfully failed to perform one or more of the following duties:
- Immediately stopped at the scene of the accident.
- Provided reasonable assistance to any person injured in the accident.
- Given to the person struck, the driver or occupants of any vehicle collided with, or any peace officer at the scene of the accident, all of the following information:
- Their name and current residence address.
- The registration number of the vehicle they were driving.
- The name and current residence address of the owner of the vehicle, if they are not the owner.
- The names and current residence addresses of any occupants of their vehicle who suffered an injury in the accident.
- When requested, they showed their driver’s license to the person struck, the driver or occupants of any vehicle collided with, or any peace officer at the scene of the accident.
- Without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.
Jury instructions in these cases state that people commit acts willfully when they do them willingly or on purpose. In other words, people don’t need to intend to break laws, hurt someone else, or gain any advantage.
Providing reasonable assistance will mean that a driver must determine what assistance, if any, an injured person needs and make a reasonable effort to see that such assistance is provided by the driver or someone else. Juries must agree that the state proved that an alleged offender failed to perform at least one of their required duties and agree on the duty an alleged offender failed to fulfill.
DUI With Injury, California Vehicle Code § 23153
California Vehicle Code § 23153 applies to cases in which drivers operate motor vehicles while under the influence of alcohol, drugs, or both and cause accidents resulting in injury to other people. DUI causing injury is another wobbler offense, possibly resulting in misdemeanor or felony charges, and third offenses are automatic felonies.
Misdemeanors may be punishable by:
- Up to five years of summary probation.
- Up to one year in county jail.
- A fine of up to $5,000.
- Completion of California DUI school.
- A driver’s license suspension of up to three years.
- Restitution to any injured parties.
- Up to 30 months of participation in an alcohol and drug education program.
Felony convictions can result in:
- Up to four years in state prison, with one additional year in prison for each person injured (up to three additional years).
- A “strike” on a person’s criminal record, according to California’s Three Strikes Law, is recorded if any person other than the alleged offender suffers great bodily injury.
- A fine of up to $5,000.
- Habitual Traffic Offender (HTO) status for three years.
- Completion of a court-approved DUI school.
- A five-year revocation of the defendant’s driver’s license.
- Up to 30 months of participation in an alcohol and drug education program.
California Jury Instructions For DUI With Injury Cases
CALCRIM No. 2101 applies to DUI with injury cases. It also stipulates that the state must prove that:
- An alleged offender was driving a vehicle.
- The alleged offender’s blood alcohol level was 0.08 percent or more by weight while driving.
- While the alleged offender was driving with that blood alcohol level, they also committed an illegal act or neglected to perform a legal duty.
- The alleged offender’s illegal act or failure to perform a legal duty caused bodily injury to another person.
All members of a jury need to agree that the state proved that an alleged offender committed at least one illegal act or failed to perform at least one duty for an alleged offender to be guilty. In this regard, the jury must also all need to agree on which act the alleged offender committed or which duty they failed to perform.
Exhibition Of Speed, California Vehicle Code 23109(c)
California Vehicle Code § 23109 is the state law providing that people cannot engage in motor vehicle speed contests on highways (defined as including a motor vehicle race against another vehicle, a clock, or other timing devices), aid or abet in any speed contest on any highway, or, for the purpose of facilitating or aiding or as an incident to any speed contest or exhibition upon a highway, in any way obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. Under California Vehicle Code 23109(e), convictions may be punishable by up to 90 days in county jail and/or a fine of up to $1,000, but violations causing bodily injury to another person may be punishable by up to six months in county jail and/or a fine of up to $1,000.
Additional penalties can include 40 hours of community service and driver’s license suspension for up to six months. Repeated offenses within five years of prior offenses can also involve aggravated penalties.
California Jury Instructions For Exhibition Of Speed Offenses
Under CALCRIM No. 2202, there must be clear evidence that an alleged offender was driving a motor vehicle on a highway and, while they were driving, the alleged offender willfully engaged in an exhibition of speed. A person commits an act willfully when they do the act willingly or on purpose, but they do not need to intend to break the law, hurt another party, or gain any advantage.
Engaging in an exhibition of speed involves a person accelerating or driving at a rate of speed that is dangerous and unsafe to show off or make an impression on someone else. The definition means the state needs to prove that an alleged offender intended to show off or impress someone. However, it does not have to prove that the alleged offender intended to show off to or impress any particular person.
Is There A Statute Of Limitations For Hit-And-Run Injury Claims?
When you are talking about the statute of limitations for hit-and-run accidents, the cases can be criminal or civil in nature. While the Judicial Branch of California website states that the statute of limitations for most personal injury claims is two years, Assembly Bill No. 184 modified the criminal statute of limitations for hit-and-run offenses such that the limitations period is six years instead of three.
Even though the statute of limitations is shorter for civil personal injury claims, certain exceptions in some cases can allow for a limitations period to be extended. Such situations might include victims being minors (in which case, minors have two years to file after turning 18 years of age), victims not being mentally competent at the time of their accidents, and alleged offenders evading service out of fraud or being out of the country.
A hit-and-run accident attorney can explain the statute of limitations applicable to your case. Given these limitations, it may be in your interest to speak to a hit-and-run accident lawyer in Modesto early on so they can have sufficient time to handle your case.
How Do Police Officers Find Hit-And-Run Drivers?
It is usually beneficial to get police departments involved in your hit-and-run accident right away because they generally have several ways to identify alleged offenders and take the necessary steps to apprehend them. A few ways in which police officers work through these types of cases include:
- Run searches of accident scenes and set up officers in surrounding areas to locate and stop alleged offenders and their vehicles.
- Through interviews with other drivers, passengers, and witnesses who provide detailed descriptions of alleged offenders and their vehicles.
- Obtain surveillance footage from establishments in the area that can provide information about the vehicles involved.
- Look at the damage to vehicles involved and property struck, used paint left behind, or other evidence that helps determine an alleged offender’s vehicle.
Common Causes Of Hit-And-Run Accidents In Modesto
Car accidents all over California have varying causes, so no two accidents are the same. Common causes of such accidents include:
- Distracted driving
- Driving under the influence (DUI)
- Driver fatigue or drowsy driving
- Failure to obey traffic laws
- Tailgating
- Mechanical failure
- Dangerous traffic design
- Inclement weather
- Missing or malfunctioning traffic lights or signs
- Poor road maintenance
The cause of an accident can also impact the type of crash you are involved in. For example, another driver operating on the wrong side of the road becomes much more likely to cause a head-on collision.
Hit-and-run accident victims need to understand that their injuries will certainly be unique to them, but are not entirely foreign to most Modesto personal injury attorneys, who can help victims understand the steps needed to get proper medical care and seek compensation. When dealing with issues relating to medical care, a skilled Modesto hit-and-run accident lawyer can help you gather documentation that can justify the losses related to your injuries.
How Much Can You Seek From A Hit-And-Run Accident Claim?
It is misleading to try to provide a certain amount or even a range of possible amounts for a hit-and-run accident because jury verdicts and settlements can vary widely depending on specific factors relating to each case.
Hit-and-run accidents in Modesto can result in compensatory damages for the victims. You may be able to pursue compensation available in your case through an injury claim. Modesto hit-and-run accident attorneys can help you build a well-supported case and negotiate with insurance companies and other parties involved on your behalf. Compensatory damages typically involve both economic damages and non-economic damages.
Economic damages are the kinds of personal losses people can justify with their bills, like:
- Past, present, and future lost wages
- Past, present, and future medical bills
- Property damage
- Reduced earning potential
- Other out-of-pocket costs
Non-economic damages are much more difficult to quantify because the types of harm will be more subjective, and examples may include:
- Pain and suffering
- Physical disfigurement
- Emotional distress
- Disability
- Loss of enjoyment in life
Common Kinds Of Hit-And-Run Accident Injuries
People can suffer a wide range of possible injuries in a hit-and-run accident, with some victims only suffering minor injuries while others will experience life-changing harm. Common types of injuries in these cases include, but are not limited to:
- Broken bones
- Bone fractures
- Contusions
- Lacerations
- Internal injuries
- Strained and sprained muscles
- Whiplash neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Concussions
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
- Skull fractures
- Traumatic brain injuries (TBIs)
- Permanent nerve injuries
- Amputations
- Paralysis
- Severe burn injuries
- Wrongful death
Every person involved in any motor vehicle accident should seek medical attention right after the accident. The insurance company may claim that your symptoms resulted from another issue if you wait and see a medical professional days or weeks later. It’s important to contact experienced Modesto hit-and-run accident attorneys who can help you understand your legal rights and options and guide you through seeking compensation for any damages or injuries sustained.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Steps You Can Take After A Hit-And-Run Accident
A hit-and-run victim should take the following steps:
- Call 911 — After checking for injuries, call 911 and report the accident. Seek medical assistance when anyone suffers injuries.
- Seek Medical Attention — When injuries are particularly severe, people usually get emergency medical attention at the accident scene. It’s still advisable to see a doctor even when you think you did not suffer injuries or they are particularly minor. Some serious injuries have delayed symptoms. Furthermore, a medical record created after your accident can support your injury claim.
- Collect Relevant Evidence — When possible, collect as much evidence as possible at the scene of your accident. This evidence can include photos and videos of the vehicles involved, property damage or other signs of an accident, the other driver’s information, and any witness contact information.
- Report the Accident — Some insurance companies require people to report their accidents, even when they are not at fault. Contact your insurance company and provide the basic information, but try not to give too many details. When the negligent driver’s insurance company contacts you, seek legal counsel from Modesto hit-and-run accident attorneys first before providing any statement. They can advocate for your rights, help you understand your legal options, and guide you through your potential claim.
Things To Remember After A Hit-And-Run Accident
Just as you have certain things you will want to do, there are also specific actions you may want to consider. Some examples include:
- Avoid arguing with the negligent driver about who caused the accident.
- Never admit to fault or sign anything regarding the fault.
- Do not talk to another driver’s insurance company.
- Never accept a settlement offer from an insurance company without a proper evaluation of your losses.
- Never authorize any repairs until an insurance adjuster inspects your vehicle and sees the extent of the damage.
Reasons Why Drivers Commit Hit-And-Run Offenses
It can be difficult to know exactly why a person flees the scene of a motor vehicle accident. However, the reasons can become more apparent once an alleged offender has been identified and brought to justice. Keep in mind that almost any driver can be a hit-and-run offender, including teenagers, senior citizens, and everyday parents.
Some of the common reasons why people leave the scene of accidents include, but are not limited to:
- They were committing a DUI offense.
- They did not have a valid driver’s license or proof of insurance.
- They have active warrants or are otherwise wanted by the police.
- They were in the United States illegally.
- They panicked about not knowing how to respond.
- The vehicle they were driving was stolen.
- They had illegal drugs or guns on them.
- They were driving a company vehicle and did not want to cause employment issues.
How Our Hit-And-Run Accident Attorneys Can Help
If you’re involved in a wreck where the other driver fled the scene, you will want to speak to our Modesto hit-and-run accident attorneys. Not only will you get legal advice, but you can also gain assistance should you choose to pursue a civil claim.
Arash Law can thoroughly investigate your accident and then document important details to prepare a comprehensive case. Our firm can handle communications with other parties, including insurance companies and lawyers, so that you can focus on rehabilitation.
Our hit-and-run accident lawyers in Modesto understand the importance of helping victims seek compensation for their injuries. When an insurance company is unwilling to provide a suitable settlement offer, we can explore other legal options, like taking your case to court.
Reasons To Consider Arash Law For Your Case
Hit-and-run accidents can leave victims in very difficult positions. It can be confusing for these people to attempt to navigate the complicated legal landscape.
Led by Arash Khorsandi, Esq., Arash Law understands the challenges people are facing and works closely with victims so they can understand their rights and the options available to them. We work closely with hit-and-run victims to support them in managing their cases.
We have years of experience investigating these kinds of cases and assisting clients in filing claims. With a team of Modesto hit-and-run accident attorneys, Arash Law can handle the legal aspects of such cases. We can also connect victims with medical treatment providers and handle communications with insurers on their behalf.
Talk To Our Modesto Hit-And-Run Accident Law Firm!
The first thing you will want to know about working with Arash Law is that you don’t have to pay attorney fees up front for our legal representation. Rather, we handle cases on a contingency fee basis, meaning we only get paid if we are able to obtain compensation for you. However, you may still be responsible for other case costs regardless of the outcome.
Our team of attorneys in Modesto can manage the legal aspects of your case, from gathering evidence to negotiating with insurance companies. We understand that some cases often involve disputes or denials, and we are here to advocate for your rights when these challenges arise.
Our process will begin with a free initial consultation to discuss your case, with you telling us all about what happened and asking us any questions you might have. This way, you can better understand your rights and the next steps you may possibly take.
It is essential to remember that California places a strict time limit on the ability of people to pursue compensation for their losses, so prompt action may benefit your personal injury case. Call us at (888) 488-1391 to schedule a time to speak to our experienced hit-and-run accident lawyers in Modesto.
Arash Law handles cases not only in Modesto but in many other surrounding areas, such as Ceres, Stockton, Riverbank, Atwater, Ripon, Tracy, Oakdale, Merced, Turlock, Garden Acres, Patterson, Country Club, Manteca, Livingston, and Lathrop.
