Fresno Hit-and-Run Accident Attorneys
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Our Fresno Hit-and-Run Accident Attorneys Can Review What Happened And Explore Your Rights
Fresno is the county seat of Fresno County and the largest city in the greater Central Valley region that also encompasses Sacramento, Bakersfield, and Modesto. With all the vehicles on its roads, hit-and-run accidents can and do happen. If you’ve been injured in a traffic incident where the driver fled the scene, you can speak with a Fresno hit-and-run attorney.
Just as is the case with drivers in any other city in California, people operating motor vehicles in Fresno are expected to stop at the scenes of traffic accidents, identify themselves, and provide reasonable assistance to any victims of a crash. State law further clarifies that they are expected to help people, whether they are the drivers of other vehicles, pedestrians, or bicyclists.
When a person fails to fulfill these obligations, it becomes what is commonly known as a “hit-and-run” accident, and the driver can face criminal charges. Unfortunately, victims may find it difficult to pursue financial compensation for any losses stemming from the crash.
With the help of a Fresno hit-and-run attorney, however, you can explore alternative means to seek damages. Even when you know nothing about the driver who struck you, an experienced Fresno personal injury lawyer can conduct an independent investigation that aims to help fill in the gaps.
Arash Law’s team of Fresno hit-and-run accident attorneys has decades of combined experience in all kinds of automobile accident cases, and we’re here to support you, too. Additionally, we offer contingency fee representation, which means clients don’t pay attorney fees unless they’re awarded compensation. However, they may still be responsible for certain costs regardless of the outcome.
You can call (888) 488-1391 or contact us online to schedule a free initial consultation with our legal team.
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
What Qualifies As A Hit-and-Run Accident?
California Vehicle Code § 20002 is the state misdemeanor hit-and-run law that applies only to hit-and-run cases involving property damage.
Under the law, the driver of a motor vehicle involved in an accident causing only property damage must immediately stop their vehicle at the nearest location that does not impede traffic or otherwise jeopardize the safety of other motorists and immediately do either of the following:
- Locate and notify either the owner or the person in charge of the damaged property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other motor vehicle involved or the owner or person in charge of any other kind of damaged property, and upon being requested, present their driver’s license and vehicle registration, to the other driver, property owner, or person in charge of the property. Information presented must include the current residence address of the driver and the registered owner. When the registered owner of an involved vehicle is present at the scene, they must also, upon request, present their driver’s license information or other valid identification to the other involved parties.
- Leave a written notice on a motor vehicle or damaged property giving the name and address of the driver and the owner of the vehicle involved and a statement of the circumstances thereof and must, without delay, notify a police department of the city where a collision occurred or if a collision occurs an unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
California Vehicle Code § 20001 is the state law making a hit-and-run crime a felony when an accident involves injury to or death of another person. This law states that a motor vehicle driver involved in an accident resulting in injury to or death of another person must immediately stop their vehicle at the scene of the accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004.
Hit-and-Run Accident Statistics
The AAA Foundation for Traffic Safety reports that the 2,049 deaths during the most recent reporting period were the most on record and a 60 percent increase over the past seven years. More than one hit-and-run crash occurs every single minute on American roadways.
Insurance research and analysis website ValuePenguin adds that the number of fatal hit-and-run accidents increased from 1,342 to 1,939 over the course of a decade, and the number of deaths increased 44 percent from 1,393 to 2,005. California accounted for the largest share of fatal hit-and-run accidents during this period, with 17 percent of the American total and 2,948 crashes causing 3,056 deaths.
California had a rate of 8.8 fatal hit-and-runs per 10 billion miles and 104 deaths per 100 crashes. The age group most likely to be killed in hit-and-run accidents during the time period was 25- to 34-year-olds, as ValuePenguin said 687 drivers in this age group were killed in hit-and-run accidents.
How Many Hit-and-Run Accidents End Up Being Solved?
The Los Angeles Daily News reports that police identify a suspect or solve only 8 percent of all reported hit-and-run accidents in the city. Prosecutors file charges in 73 percent of cases. In many cases, it can be difficult to actually identify a suspected driver because even when there is an accurate description of a vehicle, there needs to be evidence that a suspect was driving at the time of a crash.
Security camera footage is not always helpful in these cases because it can rarely provide the make and model of a vehicle, let alone identify a driver. The Los Angeles Police Department (LAPD) said that it places greater emphasis on solving hit-and-run cases involving injuries or death rather than property damage cases.
Hit-and-Run Laws In California
Under California Vehicle Code § 20003, a motor vehicle driver involved in an accident causing injury or death of any person must give their name, current residence address, the names and current residence addresses of any occupant of their vehicle injured in the accident, the registration number of the vehicle they are driving, and the name and current residence address of the owner to the person struck, or the driver or occupants of any vehicle collided with, and also give the information to any traffic or police officer at the scene of the accident. The driver must render aid to any person injured in the accident, including transporting or making arrangements for transporting any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment will be necessary or such transportation is being requested by a victim.
Any driver or injured occupant of a driver’s vehicle must also, upon being requested, exhibit their driver’s license or any other available identification to the person struck or to the driver or occupants of any vehicle collided with and to any traffic or police officer at the scene of the accident. California Vehicle Code § 20004 further states that in the event of the death of any person resulting from a motor vehicle accident, the driver must fulfill the aforementioned requirements, and when there is no traffic or police officer at the scene of the accident to whom to give the required information, must without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by California Vehicle Code § 20003.
Legal Consequences Of Hit-and-Run Accidents
In hit-and-run accidents causing only property damage, a person can face misdemeanor charges that are punishable by:
- Up to six months in county jail.
- A fine of up to $1,000.
- Restitution to victims for property damage.
- 2 points on the California driving record.
An injury case can also result in misdemeanor charges, but the penalties may involve the following:
- Imprisonment for a maximum of 364 days in the county jail.
- A fine of up to $10,000.
- Restitution to victims for property damage.
- 2 points on the California driving record.
When someone is severely injured or killed in a hit-and-run, the driver may face felony charges under California Vehicle Code § 20001. If convicted, penalties can include:
- Potentially facing up to four years in state prison.
- A fine ranging from $1,000 to $10,000
- Restitution to victims for property damage
- Two points will be added to the driver’s California DMV record, as required for hit-and-run convictions.
People Who Cause Hit-and-Run Accidents
Many different kinds of drivers can be at fault for hit-and-run accidents, so not every case will be the same. Some people may simply have no idea that they struck other objects or people, while there can be cases in which the drivers are aware and may wish to avoid the consequences of reporting their accidents.
For example, some drivers might be fearful that reporting their accidents can expose them to possible driving under the influence (DUI) penalties. If the same driver is located not long after a hit-and-run accident, then they can be facing not only hit-and-run charges but also possible DUI charges as well.
Combined DUI and hit-and-run charges may result in much longer terms of imprisonment and larger fines because the penalties will be enhanced. If the negligent driver is located several days after the original accident, they may no longer be found to be in violation of the state DUI law.
When Hit-and-Run Becomes Vehicular Manslaughter
California Penal Code § 192(c) is the state vehicular manslaughter law and defines the crime of vehicular manslaughter as driving a motor vehicle in a negligent or unlawful manner and causing the death of another person. California Penal Code § 191.5(a) establishes that gross vehicular manslaughter while intoxicated is the killing of a person without malice in the driving of a motor vehicle where the killing was either the result of the commission of an unlawful act that was not a felony and with gross negligence or the result of the commission of a lawful act that might produce death with gross negligence. Meanwhile, California Penal Code § 191.5(b) states that vehicular manslaughter while intoxicated is the killing of a person without malice in the driving of a motor vehicle where the driving was in violation of state DUI laws in either California Vehicle Code § 23140, California Vehicle Code § 23152, or California Vehicle Code § 23153, and the killing was either the result of the commission of an unlawful act that was not a felony but without gross negligence, or the result of the commission of a lawful act that can produce death in an unlawful manner but without gross negligence.
A misdemeanor vehicular manslaughter without a DUI charge is punishable by up to one year in county jail and a fine of up to $1,000, while a felony case can result in up to six years in state prison and a fine of up to $10,000. Both cases can involve a driver’s license suspension of up to three years. Gross vehicular manslaughter while intoxicated charges can result in up to 10 years in state prison and a fine of up to $10,000, although alleged offenders with prior DUI convictions can face up to life in prison.
Hit-and-Run Penalties
Possible penalties for negligent drivers in hit-and-run cases depend on multiple factors, including whether a driver struck property or a person and whether they are deemed to be driving under the influence. A hit-and-run accident may result in either misdemeanor or felony charges.
Most misdemeanor cases involve only property damage and an alleged offender leaving the scene of an accident without identifying themselves to other parties. Injuries and death often result in felony charges.
The misdemeanor charges can result in up to six months in county jail and a fine of up to $1,000, although some misdemeanor cases can lead to as much as one year in county jail and fines of up to $10,000. Felony cases are usually punishable by up to four years in state jail and a fine of up to $10,000.
Hit-and-run cases can also result in orders for negligent drivers to pay restitution to victims and be subject to points being added to their California driving records. Alleged offenders may also be placed on probation for up to three years.
Reasons To Seek Legal Support From Fresno Hit-and-Run Accident Attorneys
Not all negligent drivers will face hit-and-run charges. In certain instances, drivers may have acceptable defenses in their cases. Some of the most common include:
- No Knowledge of Any Injury or Property Damage — A negligent driver can simply argue that they did not know that they struck another person or property.
- Responding to an Emergency — A negligent driver can argue that they did not have the time to stop at an accident scene because they were busy dealing with their own medical emergency.
- The Owner Was Not the Driver — Even when police have information identifying the make and model of an offending vehicle, the owner of that vehicle can argue that they were not the actual driver at the time of an accident.
- Involuntary Intoxication — A negligent driver may claim that they were unknowingly suffering the effects of a drug or beverage that impacted their ability to operate a motor vehicle safely.
In this situation, consulting with Fresno hit-and-run attorneys may help you pursue your claim. Arash Law’s team can help you acquire evidence and may be able to assist you with building a well-supported case. Call (888) 488-1391 for a free first consultation.
Settlement Negotiations In Hit-and-Run Cases
One of the primary reasons that hit-and-run accident victims might wish to retain legal counsel is due to dealing with insurance companies (even when they are dealing only with their own insurer).
When a negligent driver is identified in a traditional car accident, a victim can usually file a claim with that driver’s insurance company. This can be challenging to do in hit-and-run cases, especially when there is not enough evidence to confirm who the at-fault driver was.
For these kinds of concerns, consulting with Fresno hit-and-run attorneys means you may be able to explore alternative ways to seek compensation for your losses. In these cases, people can often file claims when they have the appropriate insurance coverage, such as uninsured or underinsured motorist (UM/UIM) coverage, collision coverage, negligent driver insurance, or medical payment (MedPay) coverage.
Even when you are dealing with your own insurance company, however, having an attorney can help. They can study the extent of your losses after a hit-and-run accident to guide you on whether to accept or counter the settlement offers you may receive.
That said, avoid providing any kind of recorded statement or signing any paperwork that you do not fully understand. A Fresno hit-and-run accident lawyer can deal with an insurance company on your behalf and negotiate a settlement that better reflects your damages.
If these discussions prove unsuccessful, then the attorney may file a lawsuit to take your case to court. In this scenario, a jury may potentially award you multiple kinds of compensatory damages. The phrase compensatory damages often includes a combination of economic damages and non-economic damages.
Economic damages are your actual, tangible losses. Non-economic damages are much more subjective kinds of harm without set financial values. Economic damages may include medical bills, lost wages, and property damage. Non-economic damages can cover pain and suffering, disfigurement, and disability.
Contributing Factors To Hit-and-Run Accidents
The reason why such collisions are on the rise may be attributable to many different factors.
The Public Policy Institute of California (PPIC) reports that California is the most populous state in the country, with more than 39 million people, making its population even larger than that of Texas (29 million) and Florida (22 million). The population is expected to reach 45 million people by 2050.
Another common explanation can be the increase in the number of people engaging in distracted driving. The Centers for Disease Control and Prevention (CDC) reports that nine people in the United States die every day in crashes involving distracted drivers.
The CDC Youth Risk Behavior Survey found that 60 percent of drivers 18 years of age or older admitted to texting or emailing while driving, compared to 51 percent of drivers 17 years of age and 31 percent of drivers 16 years of age. While distractions take many forms, increased cell phone use might be to blame for a significant number of distracted driving crashes, including hit-and-run accidents.
Finally, there is the common element of people driving under the influence. The most recent Annual Report of the California DUI Management Information System from the California Department of Motor Vehicles (DMV) shows that the 123,548 total DUI arrests in the most recent year were actually the lowest total of the past decade.
That said, the report also showed 1,294 alcohol-involved crash fatalities and 829 drug-involved crash fatalities. There were also 26,967 alcohol-involved crash injuries and 2,982 drug-involved crash injuries.
Common Characteristics Of Hit-and-Run Victims
The AAA Foundation for Traffic Safety reports that pedestrians account for the majority of people killed in hit-and-run crashes. Approximately 1 in every five pedestrian deaths is caused by a hit-and-run crash, with 19.5 percent of pedestrian fatalities involving hit-and-run crashes compared to only 1 percent of motor vehicle driver deaths involving hit-and-run crashes.
The AAA also cited a study by Solnick and Hemenway analyzing FARS data on pedestrian hit-and-run victims in the United States, which found that victim age was a factor in whether or not a driver flees the scene. Fatally injured pedestrians under 6 years of age or over 80 years of age were half as likely to be victims of hit-and-run collisions as fatally injured pedestrians of any other age group.
Common Kinds Of Hit-and-Run Victims
The same Solnick and Hemenway study said men accounted for 70 percent of hit-and-run victims. The ages of the victims in hit-and-run crashes also impact whether a negligent driver is later identified.
In crashes involving children 6 years of age to 15 years of age, a driver is identified over 60 percent of the time; when victims are between 76 years of age and 80 years of age, a driver is identified 49 percent of the time; and when victims are between 31 years of age and 55 years of age, a driver is identified 39 percent of the time. The research also indicates that hit-and-run accidents are less likely to occur when there is greater visibility of crashes, meaning either more potential witnesses or better lighting conditions.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Common Kinds Of Hit-and-Run Drivers
ValuePenguin reports that drivers 25 years of age to 34 years of age account for 22 percent of all deaths, followed by drivers 45 years of age to 54 years of age with 18 percent, drivers 35 years of age to 44 years of age with 16 percent, and drivers 55 years of age to 64 years of age with 15 percent.
The Los Angeles Times reported that a California law giving illegal immigrants the ability to get driver’s licenses apparently contributed to at least a 7 percent decrease in the rate of hit-and-run accidents. A Stanford University study concluded that there were 4,000 fewer hit-and-run accidents in the same year the law took effect.
Common Environmental Conditions Involved In Hit-and-Run Accidents
The AAA Foundation states that lighting, roadway geometry, and actual locations of crashes have been proven to be associated with the likelihood of hit-and-run crashes. Hit-and-run accidents are less likely in areas where collisions may be more visible.
A MacLeod study of single-vehicle or single-pedestrian fatal crashes found fleeing was almost 4.4 times more likely between midnight and 4 a.m. compared to accidents between 8 a.m. and 11:59 a.m. Hit-and-run crashes were less than half as likely to occur during daylight hours compared to nighttime crashes, and the later-hour crashes were also believed to be more likely times for DUI offenses or driving without a license issues.
Weather conditions were not concluded to be a major factor because poor conditions decrease the presence of pedestrians and also increase the likelihood of drivers remaining at the scene because of the belief that an accident was not their fault. AAA further stated that in California, interstate highways and county and municipal roadways were more common hit-and-run locations than in the United States or state highway systems.
Fatal hit-and-run accidents are more common on roads with lower speed limits and areas in which pedestrians are likely to be crossing. Urban areas are also more common sites of hit-and-run cases because of greater population densities.
What Victims Can Do Following Hit-and-Run Accidents
Anybody who suffers injuries in a hit-and-run accident should immediately call 911. You want to report your accident to the local police department and get authorities to seek the negligent driver as soon as possible.
Always go to a hospital, even when you do not think you have suffered an injury. Remember that many injuries involve delayed symptoms, and creating a medical record immediately after an accident will be critical to your ability to pursue compensation later on.
Aside from the above, some other actions may help further protect your safety and your potential right to file a claim in the future. For example:
- Do not try to chase after a hit-and-run driver yourself. Let police officers handle the apprehension of a negligent driver.
- Try to take pictures of your accident scene, including all signs of property damage, signage, or any other details you believe can be important to your case.
- Begin writing down everything you remember about your accident, especially any information you remember about the vehicle that struck you.
- See if there were any witnesses to your accident and ask them for their contact information. A witness may not only provide law enforcement with important information, but also back your injury claim.
- Make sure you report your accident to the DMV. You must report any motor vehicle accident resulting in injury, death, or property damage of $1,000 or more to the DMV within 10 days.
- Notify your automobile insurance company about your accident. Limit your conversation to providing facts about the crash, and try not to go into any further details.
- When you are able, reach out to a personal injury attorney in Fresno who can guide you through what to do next. A lawyer may be able to help identify the driver responsible and discuss other ways for you to seek compensation from your own insurance company if they can’t be found.
Arash Law can help you learn more about your options after different kinds of hit-and-run accidents in California. We regularly assist people with various personal injury claims and can bring that experience to your free first case review.
Speak With Our Fresno Hit-and-Run Attorneys For Practical Legal Help
When you suffer injuries or your loved one dies in a hit-and-run accident in the greater Fresno area, you can speak to Arash Law. The attorneys at our firm can help investigate your crash, try to identify the negligent driver, and discuss how you may be able to file a claim given your unique circumstances.
Our Fresno hit-and-run accident attorneys help injured victims all over California. That includes many cities around the Fresno area, such as Orange Cove, Clovis, Mendota, Sanger, Chowchilla, Selma, Dinuba, Kerman, Madera, Parlier, Hanford, Kingsburg, Lemoore, Reedley, and Visalia.
To learn about your legal options, call our firm at (888) 488-1391 or contact us online. Our firm handles cases on a contingency fee basis, which means clients will not pay anything upfront for our services and only shoulder attorney fees if they’re awarded a settlement. Any costs that apply outside of this agreement can be discussed with our attorneys before they start working on a case.
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