Atascadero Hit-And-Run Accident Attorneys
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Our Atascadero Hit-And-Run Accident Attorneys Offer Supportive Legal Help In Difficult Moments
Our Atascadero hit-and-run accident attorneys represent individuals across California who are injured by drivers who leave the scene. We assist victims and their families in pursuing legal claims, offering guidance in a confidential and supportive setting. Call us at (888) 488-1391 to schedule your free initial consultation.
Dealing with the aftermath of a car accident can get much worse when the other driver doesn’t stop to offer assistance. Many hit-and-run accident victims are not aware that, even in cases where the at-fault driver cannot be located, they may still be able to seek compensation.
Handling a hit-and-run injury claim calls for in-depth legal knowledge and experience. Drawing on years of experience, thorough case preparation, and a client-focused approach, our lawyers at Arash Law guide our clients through the legal process with knowledge and care. If you got hurt or lost a loved one due to a hit-and-run incident, you may explore your legal options with our hit-and-run accident attorneys in Atascadero.
Why Hire Arash Law’s Atascadero Hit-And-Run Accident Attorneys
Pursuing compensation for a hit-and-run accident can be difficult. In a fault-based state like California, holding an at-fault driver accountable can be challenging if authorities can’t identify them. Our team understands this issue and assists our clients in navigating these complex situations.
Here are some of the main reasons to hire our Atascadero hit-and-run attorneys:
- Decades of Experience — Our attorneys have decades of combined experience handling hit-and-run cases. We leverage this as we help client seek compensation for their losses.
- No Upfront Fees — Our attorneys at Arash Law work on a “no win, no fee” policy. We don’t get paid legal fees unless we win your case. Additional case costs may apply, but our lawyers will explain these during your consultation.
- Personalized Attention — No two cases are the same. We listen to our clients’ needs and tailor legal strategies to each situation.
You don’t have to handle the legal process alone. Our hit-and-run attorneys in Atascadero are here to help. They can assess your case, represent you in negotiations with insurance providers, and help you pursue a fair settlement as the law permits. Contact us for a free case evaluation.
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
How Our Hit-And-Run Accident Lawyers Can Help
It is illegal for a driver to flee the scene, whether the crash causes injuries or property damage. Those who do can face harsh penalties, including jail time and heavy fines. If you were a victim of a hit-and-run, you must report the accident to your insurance company. It’s also helpful to consult a lawyer handling hit-and-run accident cases.
Here’s how our Atascadero hit-and-run attorneys can help with your case:
- Collaborate with law enforcement and witnesses to investigate the negligent driver.
- Help locate the negligent driver and take legal action to pursue damages.
- Gather evidence to support your claim, including surveillance footage, witness statements, and accident reports.
- File a claim with your insurance company for your medical bills, replacement or repair of your property, and other expenses.
- Negotiate with insurance providers to help you pursue fair compensation under California law.
- Take your case to court if necessary.
Why Hit-And-Run Accidents Happen
Our Atascadero hit-and-run accident attorneys have handled numerous claims and are well aware that some at-fault drivers choose to flee rather than take responsibility. While understanding their reasons can provide insight into hit-and-run accidents, nothing excuses a driver from abandoning an injured victim.
Here are some of the most common reasons drivers choose to leave the scene of an accident:
- Impaired Driving — Drivers under the influence of drugs or alcohol often flee to avoid DUI charges.
- Distracted Driving — Some drivers cause accidents due to distractions like texting and may leave the scene to avoid responsibility.
- Reckless Driving — Drivers engaging in reckless behaviors such as speeding or aggressive driving may flee to avoid arrest and criminal charges.
- Lack of Insurance or Valid License — Those without insurance or a valid license may leave the scene to avoid legal consequences.
- Panic or Fear — Even without other contributing factors, some drivers panic after an accident and flee due to fear, regardless of who is at fault.
- Unclear on Legal Obligations — Some drivers may be unaware of their legal obligations after an accident and mistakenly leave the scene.
- Belief That the Accident Is Minor — Drivers might leave if they believe the accident is minor and no one is seriously injured, not realizing the potential legal ramifications.
Whatever the reason, fleeing the scene after causing harm is illegal and unacceptable, with serious legal consequences. If you’ve suffered injuries in a hit-and-run, consider consulting with car accident lawyers who handle these cases to help navigate the legal and insurance challenges that often follow.
Legal Consequences Of Hit-And-Run Accidents
A hit-and-run has serious legal consequences, both criminal and civil. Criminally, a hit-and-run can be considered a felony, especially if the collision results in significant injuries or death. This crime is punishable by a fine and up to three years in state prison, or up to four years if the accident results in death or serious harm.
Beyond criminal penalties, victims of hit-and-run accidents can also pursue legal action against the at-fault driver (if identified) to seek damages. These damages can include compensation for medical expenses, lost wages (both current and future), pain and suffering, emotional distress, property damage, and other related losses. This civil component can be helpful for victims seeking to rebuild their lives after a hit-and-run incident.
If a driver fled the scene after hitting and injuring you, our Atascadero hit-and-run accident attorneys can evaluate your situation and help you understand your legal options.
Hurt In
A Car Accident?
Proving Negligence In Your Hit-And-Run Claim
In a personal injury claim, the plaintiff or injured victim has the burden to prove the defendant’s or negligent party’s liability. Our Atascadero hit-and-run accident attorneys can help you demonstrate the following elements of negligence:
- Duty of Care — The plaintiff must first establish the existence of a duty of care. This is the duty that a party has under the law to prevent harm to others. Drivers, in particular, must exercise reasonable caution to avoid injuring other road users.
- Breach of Duty — A breach or violation of the duty of care happens when a driver fails to exercise the level of care that is expected in that particular situation and other similar circumstances. The driver hitting someone and leaving the scene constitutes a breach of duty.
- Causation — The plaintiff must then demonstrate that they were harmed as a direct result of the breach of duty. A causal relationship exists, for instance, between a driver hitting you and you sustaining head trauma.
- Damages — The last element of negligence that plaintiffs need to prove is the actual damages they suffered as a result of the accident and their injuries. These injury-related losses may include medical expenses, lost wages, and pain and suffering.
In most cases, the driver who caused the collision that resulted in injury is the liable party. With the assistance of attorneys for hit-and-run accidents in Atascadero, you can build a case that outlines the other party’s liability and the effects of the collision.
Evidence To Support Your Hit-And-Run Claim
You should notify the police right away after getting injured in an accident where the involved driver left the scene. Additionally, ask any witnesses who may be there to remain at the scene and speak with the authorities. Obtain their contact information if possible.
The authorities will look into the crash to try to identify and locate the driver who fled the scene. Meanwhile, you can gather the following pieces of evidence, provided you’re still able to do so, to help them with their investigation:
- Testimonies of witnesses, first responders, and expert witnesses.
- Images and videos of the scene of the accident.
- Police report.
- Vehicle paint on nearby objects.
- Skid marks from the tires.
- Medical records and bills.
- Document showing lost wages.
- A journal of the recovery process.
Insurance Options For A Hit-And-Run Collision
One of the biggest concerns for hit-and-run accident victims is how to cover the costs when the at-fault driver disappears. In a fault-based state like California, this could lead to confusion regarding where to look for financial assistance. There are several options available.
Our Atascadero hit-and-run lawyers can submit a claim against the at-fault motorist if they are apprehended. We can file a claim against their insurance policy if they have one. However, it’s possible that some drivers lack insurance, which leads many of them to flee the scene of an accident in the first place. In this case, we can go to court to seek a judgment that could be made against their assets. However, if the driver has few or no assets, pursuing compensation may be difficult, even with a judgment in your favor.
Your other option is to file a claim against your insurance policy if you have uninsured or underinsured motorist (UM/UIM) coverage. If you’re involved in a hit-and-run accident, your UIM coverage may help cover your medical expenses, lost wages, and vehicle damage, depending on your policy limits. Although insurance companies are obligated to offer this coverage to policyholders, it is not mandatory. If you don’t have it, check if you have collision and comprehensive coverage, as these may help cover some damages.
Working with hit-and-run accident attorneys in Atascadero can help you understand your options for pursuing compensation. Our team can help identify potential sources of recovery and advocate on your behalf throughout the process.
Injuries And Recoverable Damages After A Hit-And-Run
Injuries from car crashes vary in type and severity. When the at-fault driver provides no assistance to the victims and flees the scene, it may delay emergency response and medical care, potentially affecting the victim’s condition. It may also take time before a witness or someone else reports the crash and calls 911 for medical attention.
Our skilled Atascadero hit-and-run attorneys represent individuals who have suffered injuries in these types of incidents. Injuries that victims may sustain include:
- Spine injuries
- Paralysis
- Head and brain injuries
- Bone fractures
- Internal bleeding
- Organ damage
- Amputation
- Disfigurement
The goal of financial compensation is to cover both tangible financial losses (economic damages) and intangible losses (non-economic damages). In rare cases, the court may award punitive damages to punish gross negligence or intentional misconduct and discourage others from doing the same.
Depending on the specifics of your case, our injury lawyers can help you pursue compensation for the following damages:
- Medical expenses for current and future needs.
- Lost wages and future reduced earning capacity.
- Pain and suffering.
- Repair or replacement cost for damaged property.
- Other out-of-pocket expenses.
What To Do After A Hit-And-Run Accident
If a driver flees the scene after causing an accident, do not attempt to chase them. Your safety comes first. Focus on protecting yourself, gathering evidence, and taking steps that can help authorities locate the driver and support a potential claim for compensation.
- Gather Information at the Accident Scene — Take photos or videos with your phone if you can. If possible, note key details about the fleeing vehicle, including:
- Make, model, and color of the car.
- Any visible damage.
- License plate number (even a partial plate).
- The direction in which the car fled.
- Call the Authorities Immediately — An official record of the accident created by the police can also be helpful in your claim. You’ll need this paperwork if you decide to file a claim.
- Obtain the Contact Details of Potential Witnesses — Witnesses may play an important role in supporting your version of events and strengthening your claim.
- Get Emergency Medical Treatment — Even if you feel fine, see a doctor immediately. Your doctor will create a record of your injuries, which can help bolster your claim later on. You must follow your doctor’s recommended course of treatment as you recover.
- Inform Your Insurance Provider & Contact a Lawyer — Stick to the facts when speaking with your insurer. Consider consulting with our Atascadero hit-and-run attorneys about your case before giving a recorded statement or agreeing to a settlement.
What initially seemed like a routine rear-end collision, commonly known as a “fender bender,” turned into a significant settlement with high maximum limits for a client who suffered lower back disc injuries. The case was resolved just two weeks before the scheduled trial commencement.– BRIAN BEECHER
Options For Filing A Claim For Compensation
If the driver is nowhere to be found, getting compensated for a hit-and-run can be challenging, even if your vehicle was clearly damaged and you sustained real injuries. However, there are several options you and your lawyer can take to seek damages:
- File a Claim Through Your Insurance Company — Your insurer may be required to fund all or a portion of your damages if you have uninsured motorist coverage. If not, some of your expenses can still be covered by your collision coverage.
- Explore MedPay Coverage — The costs of medical care could be partially or completely covered by your MedPay add-on if you were injured.
- Look into Third-Party Liability — You may be able to hold a third party, such as a private company, county or local government, or another organization, liable for your injuries if external circumstances played a role in your accident.
Even if you have the right insurance coverage, pursuing fair compensation after a hit-and-run can still be challenging. Why? You may still face issues with your insurance claim. Experienced Atascadero hit-and-run accident attorneys can help gather relevant evidence to support your claim and represent your interests in negotiations with insurance providers.
Time Limits For Filing Hit-And-Run Accident Claims In California
The general rule is that the “statute of limitations” or deadline for filing a lawsuit against the at-fault driver in California is two years from the date of the accident. Since a hit-and-run involving an unidentified driver puts you in the position of suing an unknown person, this two-year limit generally applies to UM or other insurance claims as well.
This means you must either identify the at-fault driver and sue them within two years or, more commonly in hit-and-run cases, file a “John Doe” lawsuit against the unknown driver within that timeframe. A “John Doe” lawsuit allows you to preserve your right to sue, and if you later identify the driver, you can amend the lawsuit to name them specifically.
It’s important to note that your specific insurance policy may have its own deadlines for notifying your insurer and filing a claim, which could be shorter than the two-year statute of limitations. Review your policy promptly after a hit-and-run to understand these requirements. Failing to notify your insurer on time could affect your ability to seek compensation, even if you are within the limit.
Additionally, certain situations, such as if the injured person is a minor or mentally incapacitated, can pause the statute of limitations. These exceptions can be complex. Our Atascadero hit-and-run attorneys can provide information about important deadlines under California law and insurance policies. We can also assist with filing a “John Doe” lawsuit when the at-fault driver is unidentified to help preserve your ability to pursue compensation. Prompt action is crucial, as missing deadlines may prevent you from pursuing damages.
Hit-And-Run Accident Statistics
Traffic crashes involving hit-and-run drivers resulted in 2,932 fatalities in 2022, up 0.5% from 2,917 in 2021. A total of 1,910 (25%) of the 7,522 pedestrian deaths and 265 (24%) of the 1,105 pedal cyclist deaths were caused by hit-and-run incidents. This represents an increase of 4.3% (79 more deaths) in pedestrian hit-and-run deaths and 18% (40 more deaths) in pedal cyclist hit-and-run deaths compared to 2021. Meanwhile, according to the Office of Traffic Safety, Atascadero saw four fatal & injury hit-and-run crashes in 2022.
Our Atascadero hit-and-run accident lawyers advocate for hit-and-run accident victims with no upfront fees. You only pay legal fees if we win. Additional case-related costs may still apply. Our lawyers will explain this fee structure and potential extra costs during your consultation.
Questions Victims Frequently Ask Our Atascadero Hit-And-Run Accident Attorneys (FAQs)
Being the victim of a hit-and-run accident can be a disorienting and overwhelming experience. It often leaves individuals dealing with injuries, vehicle damage, and uncertainty about how to move forward. To help you navigate this challenging time, we’ve compiled answers to some of the most frequently asked questions our Atascadero hit-and-run accident attorneys receive.
How Much Will It Cost To Hire Hit-And-Run Accident Lawyers?
Our Atascadero hit-and-run accident attorneys work on a “no win, no fee” basis. This means we don’t charge any lawyer fees unless we win for you. Additional costs related to the case may still apply. We will discuss this fee structure and other related expenses before you proceed with your case, so you know what to expect in terms of payment.
Do I Need Atascadero Hit-And-Run Attorneys After An Accident?
You might be wondering, “Do I need a personal injury lawyer for my claim?” Not every accident involves legal representation. With that said, in cases involving serious injuries, you may consider working with Atascadero hit-and-run accident attorneys to handle the legal process so you can focus on healing.
How Much Is My Hit-And-Run Case Worth?
Since every case is different, it’s difficult to estimate the value of your hit-and-run claim in California without knowing the circumstances. The compensation amount can vary significantly. The degree of property damage, the severity of the injuries, and the effect on your day-to-day life are a few factors that can affect how much a claim is worth.
Our hit-and-run accident lawyers in Atascadero have experience handling complex cases and are familiar with pursuing compensation through negotiation and litigation.
Do I Have To Wait For A Hit-And-Run Criminal Trial Before I Can Sue A Hit-And-Run Driver?
No. Criminal proceedings and civil lawsuits are separate legal matters. You can pursue a civil claim for your injuries and damages regardless of the status of any criminal investigation or trial. In many hit-and-run cases, injured victims consult with Atascadero hit-and-run accident attorneys early in the process to understand their legal rights and begin addressing potential civil claims. While a successful criminal prosecution can sometimes be helpful to a civil case, it is not required. You can file an insurance claim immediately, especially if you have uninsured motorist coverage. This process can proceed even if a suspect has not been identified or apprehended.
Will A Hit-And-Run Claim Raise My Insurance Rates?
California law generally protects you from rate increases when you file a claim under your uninsured motorist coverage. This coverage is specifically designed for situations where the at-fault driver is uninsured or, as in a hit-and-run, is unidentified. So, using your UM coverage to cover your damages shouldn’t directly lead to a rate hike.
However, if you also use your collision coverage to repair your vehicle, you could see an increase in your premiums. This is because collision coverage is a first-party claim, meaning you’re claiming from your own insurer regardless of fault. Insurers sometimes view these claims as an increased risk.
Furthermore, even with a UM claim, if there’s any dispute about who was at fault for the accident, your insurer might adjust your premiums. It’s crucial to clearly establish that you were the victim and not at fault in the hit-and-run.
While California law offers some protection for UM claimants, it’s not absolute. Other factors can also influence your insurance rates. You may consider speaking with your insurance agent and experienced Atascadero hit-and-run attorneys to understand the potential impact of a hit-and-run claim on your specific policy.
Call Our Hit-And-Run Accident Attorneys In Atascadero
Our Atascadero hit-and-run accident lawyers handle cases involving unidentified drivers and work to protect the rights of those seeking compensation for injuries and damages. We can advocate for your rights and interests, even if the at-fault driver remains unknown.
Call (888) 488-1391 or complete our “Do I Have A Case” form to schedule a free, no-obligation case review with our skilled attorneys.
Our hit-and-run accident attorneys in Atascadero also serve nearby cities and communities, including Morro Bay, San Luis Obispo, Pismo Beach, Grover Beach, Arroyo Grande, Santa Maria, Avenal, Coalinga, King City, Lompoc, Greenfield, Taft, Soledad, Lemoore, Wasco, Paso Robles, Avila Beach, Cambria, and Santa Margarita.
