Fremont Hit-And-Run Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Fremont Hit-And-Run Accident Lawyers Focused On Helping You Move Forward From An Injury
A hit-and-run accident can result in serious injuries and a complex legal process. If you or a loved one gets injured in a hit-and-run, get help from our Fremont hit-and-run accident lawyers to begin the claims process. Call Arash Law at (888) 488-1391 for a free initial consultation.
Dubbed the “Hardware Side of the Bay” and home to a huge Tesla manufacturing site and the first Apple factory, Fremont boasts a strong tech industry presence. As part of the Bay Area, the city also sees a lot of traffic. Tracking and minimizing traffic crashes that result in severe injuries or deaths (which represent 5% of overall traffic accidents) remain the focus of the city’s Vision Zero efforts. Despite these advancements, traffic accidents, especially hit-and-runs, continue to occur.
Did a hit-and-run driver injure you or cause the untimely passing of a loved one? Our injury attorneys can evaluate your case and check whether you’re eligible to seek monetary compensation for your losses.
How Our Fremont Hit-And-Run Accident Lawyers Can Help
Experiencing a hit-and-run accident can be challenging, especially when you are dealing with injuries while pursuing a claim. That’s why our Fremont injury law firm works to guide clients throughout the claims process. We typically help them pursue compensation by:
- Gathering Evidence — Our hit-and-run accident lawyers can assist with acquiring critical evidence, from police and medical reports to traffic camera footage and photos of the accident scene. We can also obtain testimonies from witnesses.
- Dedicated Support — We can also help with the investigation to track down the at-fault driver. We will analyze all available information to build a well-supported case on your behalf. From there, our team works to file any required paperwork within strict legal timeframes.
- Negotiate With Insurance Companies — Our lawyers can review settlement offers from insurance companies and study whether they reflect the full extent of your losses. We may counter them or advocate for them to be signed, depending on our assessment.
- Representing You In Court — While most cases are resolved outside of courtrooms, our attorneys are ready to present cases in front of a judge or jury. Going to court is our last resort in case negotiations with insurers prove unproductive.
When conducting the above tasks, our Fremont hit-and-run injury lawyers can keep you up-to-date on your case’s progress. We aim to help you make informed decisions and work towards achieving a fair resolution.
Our client was a loyal rideshare driver involved in a hit-and-run. The at-fault driver struck our client and fled the scene. After years of litigating in Arbitration for the Underinsured Motorist policy, our co-counselor Kevin Levian set up the case perfectly for an arbitration trial. Ultimately, the case was resolved for the maximum policy limits one week before the arbitration.– BRIAN BEECHER
What Makes Hit-And-Run Accidents Complicated
In California, it’s against the law to flee the scene of a traffic accident without providing assistance and information to the other parties involved. Otherwise, doing so may be considered a felony or misdemeanor hit-and-run. Such accidents may only complicate the situation for the victims, especially when they include multiple vehicles or pedestrians.
A hit-and-run can potentially leave you with serious injuries. It may also prove fatal, especially in cases of speeding or drunk drivers. Our truck accident lawyers have also handled catastrophic hit-and-runs involving massive commercial vehicles.
One major reason hit-and-runs are legally challenging is that you cannot get the other driver’s identity, contact information, or insurance details. The lack of a defendant makes filing claims with their insurance company or bringing a civil lawsuit against them difficult. Still, our hit-and-run accident lawyers can help victims explore other potential avenues for compensation.
Legal Penalties For Hit-and-Run Offenses
Hit-and-run drivers can face civil and criminal legal consequences, each with unique implications. These proceedings are separate and independent, meaning one does not affect the other. Our hit-and-run accident lawyers in Fremont can specifically help you pursue a civil personal injury case.
Bodily injury and property damage are two common losses incurred from a hit-and-run accident. The driver’s obligations after getting involved in an accident, the type of offense for not fulfilling these obligations, and the corresponding penalties all depend on the resulting damage.
Property Damage — Misdemeanor Hit-And-Run
The California Vehicle Code states that drivers who flee the scene of an accident resulting in property damage are guilty of a misdemeanor hit-and-run. The law requires that drivers must stop at the scene after getting involved in an accident and do the following:
- Find the owner(s) of the vehicle or other damaged property and share the following information: name and address, driver’s license, and vehicle registration.
- If the owner is not around (as in the case of a parked car), leave a note with identifying information and a description of the circumstances of the accident.
- Notify the appropriate police department or local headquarters of the California Highway Patrol (CHP) immediately.
Anyone found guilty of misdemeanor hit-and-run faces a maximum six-month sentence in a county jail, a fine of $1,000, or both.
Physical Injury Or Death — Felony Hit-And-Run
“Permanent serious injury” refers to the impairment or permanent loss of a body part or organ. Under the law, motorists involved in accidents that result in injuries or fatalities must stop at the scene and carry out certain obligations. Failing to do so may result in a felony hit-and-run, vehicular manslaughter, and/or any other related offense.
The Code also specifies the following responsibilities of the at-fault driver:
- Give the other drivers and law enforcement officials identifying information, including name, address (including that of any injured occupants), vehicle registration number, driver’s license, and other relevant data.
- The driver must help anyone injured in the accident. This includes calling for emergency services or providing transportation if needed.
If convicted of a felony hit-and-run, the driver may face a minimum of 90 days and up to one year in county jail (for non-serious injury), two, three, or four years in state prison (for serious injury or death), and a fine ranging from $1,000 to $10,000.
Regardless of the severity of the criminal offense, you may be able to file a civil lawsuit against the hit-and-run driver to pursue reparation for your injuries. The at-fault driver’s conviction does not affect your claim. However, our Fremont hit-and-run accident lawyers may use it as evidence to support your personal injury case.
Motives Behind Hit-and-Run Accidents
Here are some reasons why drivers may leave after causing an accident:
- Flight Response — The psychological response to flee from something stressful stems from fear. Those who cause a collision may go into “flight mode” out of panic. Still, this reaction is an invalid reason to drive away from the scene.
- Driving Under the Influence — If the at-fault party caused an accident because they were driving under the influence, they may leave the scene to conceal this fact from other parties.
- Uninsured and/or Criminal History — Someone might have a greater incentive to flee if they know they are driving without insurance, their driver’s license is suspended, or if they have a pending criminal record.
- Poor Lighting — Some drivers may cling to the belief that “no one saw anything,” especially in situations where hit-and-runs occur under poor lighting conditions or at night when the road seems deserted.
- Lack of Empathy — In some cases, the at-fault driver might rationalize their decision to flee and argue against the importance of reporting the accident.
Whatever the case, hit-and-run drivers still had a responsibility they failed to fulfill and must be held accountable. Talk to our hit-and-run accident lawyers in Fremont to understand your rights as a hit-and-run victim and explore your legal options.
Common Injuries Hit-And-Run Accident Victims Sustain
Victims of hit-and-run accidents typically sustain moderate to serious injuries. If speeding or drunk driving is involved, the injuries can be catastrophic, often resulting in permanent disability or death. Our Fremont hit-and-run accident attorneys have represented clients with the following common injuries:
- Broken Bones — Due to a lack of protection, pedestrians, bicyclists, and motorcyclists harmed by hit-and-run drivers are especially vulnerable to fractures, particularly in the limbs, chest, and hips.
- Head & Brain Injuries — Trauma to the head can result in brain damage ranging from minor traumatic brain injuries (TBIs) like concussions to more severe TBIs.
- Whiplash — This neck injury is caused by rapid and sudden back-and-forth head movement. It results from overstretching the muscles and nerves inside the neck. Severe cases require a neck brace or other procedures, but the condition typically heals on its own.
- Spinal Cord Injuries — Damage to the structure connecting the brain to the rest of the body can have devastating effects, often leading to temporary or permanent paralysis.
- Internal Injuries — Internal bleeding and organ damage can be life-threatening. These injuries might not initially have obvious symptoms, so getting medically checked immediately is critical.
- Bruises — Victims of car crashes commonly get bruises from airbags and seatbelts. Hitting other hard surfaces inside the car can also cause this injury.
- Cuts or Lacerations — Cuts, from minor wounds to severe lacerations, are frequently sustained due to flying glass and other broken auto parts.
Depending on their severity, these injuries may affect the victim in the short- or long-term. You can reach out to our hit-and-run accident lawyers in Fremont so we can assess their extent and factor that into a valid claim. We can also connect clients with medical professionals who can assist them with treatment if necessary.
What To Do After Getting Injured In A Hit-And-Run In Fremont
If you find yourself injured in a hit-and-run, there are a few steps you can take to protect your rights, such as:
- Call 911 — If any accident victim is critically hurt, unconscious, or appears lifeless, notify law enforcement and emergency medical personnel. If you are unable to, ask someone nearby to make the call. When talking with the police, only state what you know and avoid making assumptions.
- Cooperate With Others — As stated, remain at the accident site until the police arrive. Exchange information with the other parties involved, if any. Details must include names, addresses, driver’s licenses, vehicle registration numbers, insurance details, and other relevant information.
- Report the Accident to the Police — Report even seemingly minor accidents to avoid potential hit-and-run accusations. Doing so will also help the authorities gather evidence and find the other driver. Victims filing insurance claims in California may also need to file a police report. This step helps in finding the at-fault party and holding them accountable for any losses caused by their careless and illegal actions.
- Gather Evidence — Make a mental note of what you can remember about the other driver and their vehicle. Don’t move any evidence you may find, and leave it to the authorities. If you can, take photos and videos of the damage and other relevant details, such as skid marks, broken traffic signs, and the weather. Get the other driver’s contact information if they can’t stay at the scene for some reason.
- Speak With a Hit-And-Run Lawyer — Call Arash Law at (888) 488-1391. We have skilled hit-and-run accident lawyers who work with injured victims in Fremont. We offer client-focused representation and can advocate for your rights in or out of court.
How To Prove Liability In A Fremont Hit-And-Run Accident
In any injury claim or lawsuit, seeking financial compensation entails proving that the other party was negligent and liable for your injuries and damages. Our hit-and-run accident lawyers can help establish the following four elements of negligence:
- The at-fault party owes you a duty of care, including following all traffic rules to prevent causing harm to other road users.
- The party at fault breached their duty of care through their negligent action.
- That breach directly caused the accident and resulted in your injuries.
- You suffered actual losses and damages because of the injuries.
Identifying the driver in a hit-and-run is not always necessary to prove negligence and file a claim. While identifying the at-fault driver can strengthen your case, it’s not always possible. In many cases, the driver may flee the scene without being identified.
Even if you cannot identify the driver, you may still be able to file a claim against your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage is designed to protect you in cases where the other driver is at fault but cannot be identified or is uninsured.
A hit-and-run incident is a complicated situation. With that said, our hit-and-run accident lawyers in Fremont can handle your case and help you navigate the entire procedure.
What Are My Options In Pursuing Compensation As A Hit-And-Run Accident Victim?
Despite the challenges surrounding a hit-and-run accident claim, there may still be options available to you.
A hit-and-run injury claim in California often proceeds in one of two ways:
- The Hit-and-Run Driver Is Arrested — In this case, you (as the injured victim or family of the deceased) may be able to file an injury or wrongful death claim against the negligent driver’s insurance company. You may also be able to pursue a civil lawsuit if the insurance provider does not settle.
- The Hit-and-Run Driver Remains Unidentified — In such cases, a skilled hit-and-run accident lawyer can help you pursue a claim from your insurance policy and explore potential avenues for compensation. We can help you understand what coverage applies to your case and guide you through the claims process.
What Insurance Coverage Applies To My Fremont Hit-And-Run Accident?
Unlike the typical cases handled by our car accident lawyers, where the involved parties are present, hit-and-runs might leave you responsible for covering your medical expenses and other damages. This is especially true if the other driver is never identified.
Therefore, it’s critical to understand the terms of your insurance policies to see what may apply to your accident. If your car was involved in the incident, you may be able to file a claim with your auto insurance provider. The compensation will depend on the type of coverage you have and your policy limits.
- Uninsured Motorist (UM) Coverage — Having UM coverage allows you to pursue damages in a hit-and-run accident. The limit is the same as your liability coverage limits: $15,000 for injury/death to one person, $30,000 for injury/death to more than one person, and $5,000 for property damage (at minimum).
- Collision Coverage — Regardless of who’s at fault, collision coverage included in your policy might pay for accident damage to your car. However, this coverage typically involves paying a deductible.
- Medical Payments (MedPay) Coverage — No matter who’s to blame, MedPay coverage can potentially cover you or your passengers for emergency medical expenses. The minimum limit is $1,000 for every injured person, though higher limits are an option.
You may be able to rely on your health insurance if your auto coverage doesn’t apply. However, it won’t cover property damage. Locating the at-fault driver remains the best scenario. Our Fremont hit-and-run accident lawyers can assess your case and determine what coverage is applicable to your claim.
Available Damages After A Hit-and-Run Accident In Fremont
While the authorities eventually apprehend some hit-and-run drivers, others may remain unidentified. In the latter scenario, the injured victim or the deceased’s family may be able to pursue damages from their insurance company. The compensatory damages Fremont hit-and-run accident lawyers can potentially help you seek are divided into economic and non-economic.
Economic damages are tangible financial losses that receipts, bills, and other documentation can prove. They include:
- Present and future medical bills, including hospitalization, surgeries, medications, and ongoing therapy.
- Lost income due to missed work and reduced earning capacity if the injury prevents you from working or limits your prospects.
- Costs for repairing or replacing damaged properties.
Non-economic damages are intangible losses that are harder to quantify due to their subjective nature. Still, your hit-and-run accident lawyer may consider the following damages in your claim:
- Pain and suffering.
- Emotional and mental distress.
- Reduced or lost quality of life.
- Loss of consortium.
- Permanent disfigurement or disability.
In a wrongful death claim or lawsuit, the family of the deceased victim may be able to pursue compensation for burial and funeral expenses in addition to other losses. In rare cases, victims are awarded punitive damages on top of compensatory damages. These don’t aim to compensate the victim but instead punish the defendant for extremely negligent actions and deter any future related conduct.
The value and types of damages you may be able to seek depend on the specifics of your case. Reach out to our Fremont hit-and-run accident lawyers to understand the potential value of your claim.
Our client suffered serious injuries after he was run over by a speeding vehicle. Aside from achieving a monumental financial recovery, our firm was able to secure the best medical care and treatment to ensure that he recovered from his injuries with the best medical team in the nation. We are happy to deliver closure and peace to a nice family.– BRIAN BEECHER
Statute Of Limitations For Hit-and-Run Accidents
California’s statute of limitations for most personal injury claims, including hit-and-run accidents, is two years. After the statute expires, you may no longer be able to pursue compensation for your injuries.
Certain exceptions may apply, as the statute of limitations is sometimes suspended or tolled for some time before starting again. When the defendant is a minor, mentally incapacitated, out of state, or in prison, the two-year timeframe only begins to run when they turn 18, regain mental capacity, return to the state, or get out of prison. The deadline is six months for notices if you file against a government agency. Lastly, if the injury is detected later, you have one year to file a claim from the date of reasonable discovery.
Filing the needed paperwork and observing the deadline can be stressful while focusing on your recovery. Let experienced hit-and-run accident lawyers in Fremont do the legwork to help with the timely submission of your claim.
Hit-And-Run Accident Statistics
Two notable hit-and-run accidents happened in Fremont this year. On June 30, a 48-year-old female pedestrian was killed near Christy Street and Stewart Avenue by two vehicles. The victim was reportedly pushing a shopping cart when two unspecified vehicles struck her, neither of which stopped and called 911.
Another pedestrian was struck and killed by a vehicle on August 4 along Mission Boulevard near Nursery Avenue. The victim was jogging when a drunk driver fatally struck him and fled on foot. The suspect was later apprehended.
These accidents represent the dangers of negligent drivers, some fleeing the scene, that continue to plague the city and the state. According to the Statewide SWITRS Summary, a tool for analyzing statewide crash and injury data, Fremont saw an average of 807 fatal and injury crashes annually from 2019 to 2023. These incidents resulted in 1,114 individual fatalities and injuries. Meanwhile, in 2021, the California Office of Traffic Safety reported 32 hit-and-run crashes resulting in fatalities or injuries in the city.
In 2022, hit-and-run drivers were involved in 2,932 traffic deaths across the United States. This was a slight increase from the previous year. Hit-and-runs caused about 25% of all pedestrian and cyclist deaths.
It’s crucial to remember that these statistics are not just numbers. They represent real people whose lives have been impacted by the negligence and recklessness of others. Our Fremont hit-and-run accident lawyers offer dedicated legal support to victims after such incidents.
Frequently Asked Questions
Do I Need A Lawyer After A Hit-And-Run Accident?
You’re probably wondering, “Do I need a personal injury lawyer for my hit-and-run accident?” While getting legal representation is not required to file a claim or lawsuit for seeking compensation, so can be beneficial.
An injury lawyer handling hit-and-run accidents in Fremont can help if you have suffered major injuries, there’s a dispute in liability, or if you want assistance with negotiating a settlement with an insurance company. You may need legal protection, whether you file a claim under your or the defendant’s insurance.
Do I Have To Wait For A Criminal Trial Before Suing A Hit-And-Run Driver For Damages?
No. The criminal case and your civil claim will proceed independently. As soon as the hit-and-run driver is located and apprehended, you can file an insurance claim. You don’t need to worry about filing criminal charges, as the authorities will handle that. Let our Fremont hit-and-run accident lawyers help you seek damages, including your medical bills, lost wages, pain and suffering, and other losses.
What Is The Difference Between A Felony And A Misdemeanor Hit-And-Run?
In California, a hit-and-run accident that results in property damage only constitutes a misdemeanor offense. If the crash leads to injuries or death, the hit-and-run driver, if found, may face felony or criminal charges. The consequences and corresponding penalties for felony hit-and-runs are greater. These charges are the penalties involved in criminal cases.
The process differs for the injury claims our Fremont hit-and-run accident attorneys handle. Whether or not the driver was convicted of a misdemeanor or felony, once they’re found, they can be held responsible for paying back the victims for the damages they caused.
What Evidence Is Required To Convict A Hit-And-Run Driver?
Evidence needed to charge a hit-and-run driver may include pictures and videos of the accident scene and the vehicle, eyewitness accounts, police and first responder reports, paint damage, skidmarks, medical records, and more. These are also helpful when pursuing compensation through your insurance company or against the hit-and-run driver. Our Fremont hit-and-run accident lawyers can help gather proof on your behalf.
Can A Passenger Be Held Responsible In A Hit-And-Run Under California Law?
A driver may not be the only party liable in a hit-and-run collision in California. Depending on the circumstances, the passenger of the fled vehicle can also be held liable. For instance, the passenger may be charged if they encouraged or assisted the driver in leaving the scene or participated in any other negligent actions.
Our Fremont hit-and-run accident lawyers can help evaluate your case. We’ll work to identify all potential liable parties and seek accountability on your behalf.
Are Parked Vehicles Involved In Hit-And-Run Covered By Insurance?
If a hit-and-run driver damages your car, you may be able to file a claim with your auto insurance provider if you have UM or collision coverage. These policies apply whether or not you were in the car at the time of the collision and regardless of who was at fault. They can help cover the repair costs.
Need help navigating your insurance claim? Our experienced Fremont hit-and-run accident lawyers are here to guide you through the process. Contact us at (888) 488-1391 for a free initial consultation.
How Much Does A Fremont Hit-And-Run Accident Lawyer Cost?
There’s no set answer for this, as it will depend on the complexity of your case. However, any potential attorney fees you may owe might not have to be paid up front.
Our Fremont hit-and-run accident lawyers work on a contingency fee basis. Under this arrangement, clients only pay attorney fees if they’re awarded a settlement.
This arrangement aims to help accident victims like you access legal representation without the added financial burden. We can discuss our fee arrangement, as well as other case-related costs you might still have to shoulder, during your initial consultation.
Can A Fremont Hit-And-Run Accident Attorney Help Me Even If I Do Not Speak English?
Yes. Our team at Arash Law can help you even if English isn’t your native language. We may be able to enlist the services of translators to help you during important phone calls, meetings, doctor appointments, depositions, hearings, and more.
Our hit-and-run accident attorneys in Fremont are committed to providing every client with dedicated representation, regardless of their preferred language. Please let us know if you would like to avail of translation services when communicating with us so we can make the necessary arrangements.
Who Can File A Hit-and-Run Claim Or Lawsuit In California?
Anyone who lives in California may be able to file a claim or lawsuit to seek compensation after sustaining injuries. The law does not discriminate against your ethnicity, age, gender identity, sexual orientation, socioeconomic standing, or immigration status. If you have further concerns, consult our Fremont hit-and-run accident lawyers.
Get Legal Help From Our Hit-And-Run Accident Lawyers In Fremont
For decades, our hit-and-run accident lawyers have assisted injured victims in Fremont and across California in seeking compensation for their losses. From building well-supported personal injury claims to negotiating in or out of courtrooms, Arash Law is ready to help.
Call us at (888) 488-1391, or you can complete our “Do I Have A Case?” form here to arrange a free, no-obligation initial consultation with our personal injury lawyers. We can also come to another pre-arranged location if you are experiencing mobility issues after an accident.
Our Fremont hit-and-run accident attorneys also serve nearby areas, including Newark, Union City, Sunol, Livermore, Pleasanton, San Ramon, Dublin, San Leandro, Castro Valley, Hayward, Oakland, Alameda, San Jose, Milpitas, Mountain View, Sunnyvale, Santa Clara, and Alviso.
