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California Auto Accident Lawyers Helping Hit-and-Run Victims Seek Compensation
Any auto accident is a stressful event, but if you are the victim of a hit-and-run crash, you may have additional complications to worry about.
The good news is that you don’t have to face this complicated situation alone. A hit-and-run accident lawyer in California can help you understand your rights and potentially pursue compensation. Your attorney can handle insurance claims and other paperwork so that you can focus on recovering from your injuries.
At Arash Law, our experienced hit-and-run accident attorneys have helped many victims pursue compensation for their losses. In addition, we know how to find alternative sources of compensation for your injuries, such as uninsured motorist coverage or the Crime Victims Compensation Fund, if necessary.
If you’ve recently been injured in such a crash, our hit-and-run attorneys can explain your rights and options. Our experienced car accident lawyers have helped and represented victims throughout California, including in Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks.
Call (888) 488-1391 to schedule your free initial consultation.
FAQs About California Hit-and-Run Accidents
Here are some of the common questions our auto accident lawyers encounter about hit-and-run accidents:
What Constitutes A “Hit-and-Run” Under The California Vehicle Code?
Section 20002 of the California Vehicle Code requires drivers to stop the vehicle (at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists) after being involved in an accident that resulted in damage to any property. The driver must also do one of the following:
- Locate and notify the owner or person in charge of the property, or the name and address of the driver and owner of the vehicle involved, and, upon request, present his or her driver’s license and vehicle registration. The information presented shall include the current residence address of the driver and the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.
- Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved, as well as a statement of the circumstances thereof. They should also, without unnecessary delay, notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the California Highway Patrol.
Failure to do these things after an accident is a crime. Hit-and-run drivers who cause property damage can be charged with a misdemeanor and prosecuted in the criminal courts of California. Section 20001 of the California Vehicle Code also provides more serious penalties for hit-and-run drivers who cause injuries to other drivers. These cases can often be charged as felonies.
What Are The Penalties For Hit-and-Run Drivers In California?
If a hit-and-run driver has only caused property damage, he or she can be charged with a misdemeanor and face up to six months in jail and a $1000 fine (or both). Hit-and-run drivers who cause injuries face more serious penalties. Section 20001 allows these drivers to be jailed for up to a year and face fines of $1000 to $10,000. If the victim is seriously injured, Section 20001 recommends an additional ninety days to four years of imprisonment.
The Section does allow judges to reduce or eliminate this additional sentence “in the interests of justice.” If the victim dies, and the hit-and-run driver is convicted of involuntary manslaughter or vehicular homicide, the hit-and-run driver will face an additional five years in state prison. The Section does not allow a judge to reduce or eliminate this added prison time in the case of the victim’s death.
What Are Common Criminal Charges In Hit-And-Run Accidents?
In addition to the misdemeanor and felonies created by Sections 20001 and 20002 of the California Vehicle Code, several other crimes are often associated with hit-and-run accidents. People who get into accidents while committing these crimes may panic and flee the scene, not realizing that doing so could only get them in more trouble. Here are some of the common offenses associated with hit-and-run accidents:
- Driving Under the Influence of Alcohol or Drugs: Section 23152 of the Vehicle Code prohibits drivers from operating a motor vehicle while under the influence of drugs, alcohol, or any combination thereof. “Under the influence” means that a driver’s physical or mental abilities are impaired to the extent that he can no longer drive as well as a cautious, sober person. In California, motorists can be prosecuted under this statute even if their blood alcohol concentration was below 0.08%. Penalties for a DUI conviction may include misdemeanor probation, fines, DUI school, and a driver’s license suspension.
- Driving Without a License: Section 12500 of the Vehicle Code makes it unlawful for a person to drive in California without a valid driver’s license. The driver’s license does not have to be from California. It can be from any jurisdiction as long as it was issued by the state or country in which the driver resides, and it is currently valid for the type of vehicle driven. Driving without a valid license can be charged as either a California misdemeanor or a non-criminal infraction. As an infraction, driving without a license carries a potential fine of up to $250. Misdemeanors can be punished by up to six months in county jail and a fine of up to $1,000.
What Are The Common Types Of Hit-and-Run Crashes?
Cars getting hit while parked are a surprisingly common occurrence. If your car is safe in a parking spot, leave it where it is while you call the police. Keep in mind that there might be security footage that captured the accident. Contact the store, parking management, or other company that operates the lot where the accident occurred to see if they have security cameras. Security footage isn’t kept for very long. If you wait a day or two, the footage might already be erased.
It is also common to be rear-ended at a stop sign or red light. This often happens when the rear driver was not expecting to stop (such as when a light turns yellow). Rear-end accidents are almost typically the fault of the rear driver. They may try to take off after rear-ending another vehicle. If this happens, pull your vehicle over in a safe location and call local law enforcement to report the accident.
How Do I File An Insurance Claim After A Hit-and-Run Accident In California?
If police are not able to locate the hit-and-run driver (or if that driver has no auto insurance), you still might be able to file a claim through your own auto insurance. Medical payments coverage (Med Pay) is an optional coverage that could compensate you for medical bills incurred due to an auto accident. It does not matter who was at fault for the accident or even what vehicle you were in. If you are a named policyholder on this optional coverage, you may be able to file a claim for medical bills incurred because of auto accident injuries. Another option is uninsured motorist (UM) and underinsured motorist (UIM) coverage. This could pay for injuries caused by a driver who either has no insurance or does not have enough insurance to fully compensate you for your injuries. If a hit-and-run driver cannot be located, uninsured motorist coverage can also apply.
Notice that these are optional coverages. If you only have the minimum auto insurance coverage required by law, you may not be able to pursue compensation through your own auto insurance policy. Carefully review your auto insurance with your agent to check if you have the appropriate coverage.
Will A Hit-and-Run Accident Affect The Cost Of My Car Insurance?
Medical payments and UM/UIM are “no-fault” coverages. This means that they are not based on your own liability in a car accident. As a result, your auto insurance premiums should not increase based on making Med Pay or UM/UIM claims. There are, however, many other reasons why insurance premiums can increase. Ask your insurance agent if you have questions about changes to your premium that occur after filing a no-fault claim (such as medical payments, UM, or UIM coverage).
Hit-and-Run Statistics In California
Hit-and-run accidents remain a serious concern in California. CBS Sacramento reports that the Golden State led the nation in fatal hit-and-run accidents in 2016. According to the National Highway Traffic Safety Administration, these crashes can result in significant injuries and fatalities. Nearly 65 percent of hit-and-run victims are pedestrians and bicyclists, making these incidents particularly dangerous for vulnerable road users.
The good news is that some California cities are seeing a decline in hit-and-run fatalities. San Francisco has been working to reduce traffic fatalities through its Vision Zero program. The city continues to implement safety measures aimed at protecting pedestrians and reducing serious accidents on city streets. However, there’s still plenty of room for improvement.
Curbed reports that conviction rates for hit-and-run cases can vary significantly depending on factors such as available evidence and the severity of the incident. Many cases face challenges in prosecution due to the difficulty of identifying fleeing drivers. Public safety and awareness campaigns are an important step. Ultimately, though, it is up to individual drivers to take responsibility for stopping at the scene of an accident.
Experienced California Auto Accident Lawyers For Hit-and-Run Accidents
The experienced hit-and-run accident lawyers in California at Arash Law are ready to review your case. Our team has represented numerous clients injured in such crashes and helped advocate for their legal rights. Call (888) 488-1391 or contact us online to schedule your free initial consultation, discuss your case, and learn what you may be able to do next.
