Long Beach Hit-and-Run Accident Lawyers
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Long Beach Hit-And-Run Accident Lawyers Protecting Your Legal Interests After An Injury
Long Beach is a beautiful city in California where more than 450,000 people call home. The coastal city is the home of the country’s second-largest seaport. Long Beach is a transport hotspot for cargo that helps get products to consumers nationwide. Because of its economic impact and popular tourist attractions, Long Beach is an important American city.
Unfortunately, large cities with large populations have more potential for traffic accidents. In 2018, the California Office of Traffic Safety reported nearly 3,000 fatal and injury-causing accidents across the state. Sometimes, drivers try to avoid responsibility and consequences by fleeing the scene of an accident.
Has someone fled the scene after crashing into you? There are still options for Long Beach hit-and-run accident victims like you, even if the police never find the perpetrator. If you or a loved one suffered injuries or property damage in a hit-and-run accident, our Long Beach hit-and-run accident lawyers can help.
The legal team at Arash Law, founded by renowned attorney Arash Khorsandi, Esq., is dedicated to assisting Long Beach hit-and-run accident victims in pursuing compensation for their losses. Contact us at 888-488-1391 or complete our form to schedule a free initial case evaluation.
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
How Does The Law Define A Hit-and-Run Accident?
Under California law, there are two types of hit-and-run accidents. California Penal Code 20001 and California Penal Code 20002 define these accidents according to these statutes. A hit-and-run accident in California falls into one of two categories: involving bodily injury/death or property damage.
Building Your Case With The Help Of Our Long Beach Hit-and-Run Accident Lawyers
In California, a hit-and-run is a “wobbler” offense, which is also known as an “alternative felony/misdemeanor offense.” This means that it is a crime that prosecutors can charge as either a felony or a misdemeanor. Other California wobbler offenses include domestic violence, sex crimes, and fraud.
The prosecutor or judge assigned to the case may choose to reduce a wobbler offense from a felony to a misdemeanor. Reducing a violation depends on the facts of the case. A prosecutor may decide to reduce a defendant’s charges from a felony to a misdemeanor if the accident is not severe, the driver does not have a significant criminal record, the driver cooperates with the police, or the driver is eligible for probation. Sometimes, a prosecutor will reduce a charge from a felony to a misdemeanor if they have a weak case and getting a felony conviction is improbable.
The judge assigned to the case may reduce the hit-and-run charge from a felony to a misdemeanor. At their discretion, a judge can reduce the driver’s charges if they show remorse, acknowledge that their actions were wrong, do not have an extensive criminal record, and show good behavior while on probation or parole.
Our Long Beach hit-and-run accident lawyers approach your case with relevant laws in mind. We employ various strategies to gather and present evidence, helping you establish the defendant’s negligence. We have the experience and resources to build a well-documented case to support your claim. Following a hit-and-run accident, our attorneys can help you navigate the legal process.
California Penal Code 20001
Under California Penal Code 20001, a driver involved in an accident that caused another person bodily injury, including death, must stop their vehicle and render aid according to applicable law.
The penalties a driver faces for violating this section include the following:
- Felony charges.
- Up to one year confinement in a county jail or state prison, depending on the severity of the injuries.
- A fine of not less than $1,000 and not more than $10,000.
- A combination of a fine and jail time.
California Penal Code 20002
Under California Penal Code 20002, a driver involved in an accident that caused property damage only may be charged with a misdemeanor if they leave the accident scene.
The penalties a driver faces for violation of this section include the following:
- Misdemeanor charges.
- Up to six months imprisonment in the county jail.
- A fine not exceeding $1,000.
- Both a fine and jail time.
The charges a hit-and-run accident defendant may face depend on the facts. Here are detailed lists of criminal penalties a driver may face if they cause a hit-and-run in Long Beach or other cities in California.
Detailed Criminal Penalties For A California Hit-And-Run
| Hit and Run Involving Only Property | Hit and Run Involving Injury or Death | Vehicular Manslaughter Without Gross Negligence | Vehicular Manslaughter with Gross Negligence | First DUI Offense | DUI Causing Bodily Injury | |
|---|---|---|---|---|---|---|
| Code Section | California Vehicle Code §20002 | California Vehicle Code §20003 | California Penal Code §192 (c) (2) | California Penal Code §192 (c) (1) | California Vehicle Code §23512 | California Vehicle Code §23513 |
| Violation Type | Misdemeanor | Felony | Felony | Can be charged as a misdemeanor or a felony | Misdemeanor | Can be charged as a misdemeanor or a felony |
| Custody Time | Up to 6 months in a county jail | Non-serious injury- up to one year; Serious injury or death- 90 days to four years in prison. | Up to one year in jail or prison | Misdemeanor- Up to one year in a county jail Felony- two to six years in prison |
Up to six months in a county jail | Five days to four years in prison |
| Additional Penalties | $10,000 fine | $390-$1,000 fine Three to six months of alcohol classes Five months using the Ignition Interlock Device License suspended for up to four months |
$390-$1,000 fine Three to six months of alcohol classes Five months using the Ignition Interlock Device License suspended for up to four months |
- Hit and Run Involving Only Property – California Vehicle Code §20002
- Hit and Run Involving Injury or Death – California Vehicle Code §20003
- Vehicular Manslaughter Without Gross Negligence – California Penal Code §192 (c) (2)
- Vehicular Manslaughter with Gross Negligence – California Penal Code §192 (c) (1)
- First DUI Offense – California Vehicle Code §23512
- DUI Causing Bodily Injury – California Vehicle Code §23513
- Hit and Run Involving Only Property – Misdemeanor
- Hit and Run Involving Injury or Death – Felony
- Vehicular Manslaughter Without Gross Negligence – Felony
- Vehicular Manslaughter with Gross Negligence – Can be charged as a misdemeanor or a felony
- First DUI Offense – Misdemeanor
- DUI Causing Bodily Injury – Can be charged as a misdemeanor or a felony
- Hit and Run Involving Only Property – Up to 6 months in a county jail
- Hit and Run Involving Injury or Death – Non-serious injury- up to one year; Serious injury or death- 90 days to four years in prison.
- Vehicular Manslaughter Without Gross Negligence – Up to one year in jail or prison
- Vehicular Manslaughter with Gross Negligence – Misdemeanor- Up to one year in a county jail | Felony- two to six years in prison
- First DUI Offense – Up to six months in a county jail
- DUI Causing Bodily Injury – Five days to four years in prison
- Hit and Run Involving Only Property –
- Hit and Run Involving Injury or Death – $10,000 fine
- Vehicular Manslaughter Without Gross Negligence –
- Vehicular Manslaughter with Gross Negligence –
- First DUI Offense – $390-$1,000 fine | Three to six months of alcohol classes | Five months using the Ignition Interlock Device | License suspended for up to four months
- DUI Causing Bodily Injury – $390-$1,000 fine | Three to six months of alcohol classes | Five months using the Ignition Interlock Device | License suspended for up to four months
Common Scenarios For Hit-And-Run Accidents
A hit-and-run accident happens whenever the above elements occur. However, there are several reasons why some drivers flee the scene. Here are some of them:
- A driver operates their vehicle while under the influence of drugs or alcohol.
- A driver loses control of their vehicle and crashes into another person’s property.
- A driver is texting and driving or speaking on the phone.
- A driver crashes into another person’s fence, shrubs, lawn, plants, pet, or house.
What Does California Law Require Of Drivers After A Hit-and-Run Accident?
If a driver were in an accident in California, they must comply with state law or risk criminal and civil penalties. After a hit-and-run accident, they must do the following:
- Stop the vehicle.
- Find the owner of the vehicle or damaged property.
- Exchange pertinent information, including names, insurance documents, and contact information.
If the accident caused death or bodily injury, a driver must take extra steps to comply with legal requirements. When an injury is involved, a driver must:
- Stop the vehicle.
- Give aid to the injured parties.
- Exchange information required by law.
Leaving an injured person at the scene of an accident is a felony in California that is punishable by 16 months to 3 years in state prison.
Why Do Hit-And-Run Accidents Happen In Long Beach?
Traffic accidents happen for many reasons. Even careful drivers can get into an accident. Some of the common reasons Long Beach drivers get into traffic accidents include:
Speeding
Speeding is one of the common causes of traffic accidents nationwide. According to the National Highway Safety Administration, in 2020, speeding killed 11,258 drivers, passengers, pedestrians, and others sharing the road.
Reckless Driving
Reckless driving includes any action that disregards the safety of others. Reckless driving can include unsafe lane changes, failure to obey road signs or traffic signals, improper turning, etc. Hit-and-run accidents can happen when drivers drive recklessly.
Distracted Driving
Distracted driving includes anything that takes the driver’s mind off the task of driving. Distractions can include texting, eating, conversations with passengers, changing the music, looking at an accident while driving past it, etc.
Fatigued Driving
A driver should not hit the road without adequate rest. A driver in a hit-and-run accident may not realize they caused or were in an accident if they were fatigued.
Vehicle Defects
Vehicle manufacturers have legal obligations to produce reasonably safe products on the road and test components before selling. If a manufacturer sets a defective vehicle in the marketplace and an accident happens, they may face legal liability.
Impaired Driving
Driving under the influence of drugs or alcohol is negligent and leads to severe accidents. In California, it is illegal to drive with a blood alcohol concentration of 0.08 percent or higher.
Inclement Weather
Drivers must prepare for safe travel when inclement weather occurs — speeding, improper lane changes, driving while fatigued, and other factors can contribute to an accident, especially in inclement weather.
Dangerous Areas In Long Beach
Everyone who shares the road must exercise caution regardless of their location. However, there are some hazardous areas in Long Beach where drivers should exercise caution, including:
- Long Beach Boulevard
- Anaheim Street
- Willow Street
- Cherry Avenue
- Pacific Coast Highway
- Interstate 710
- Interstate 405
- The Atlantic stretch between 45th and 46th Street
- Traveling from Clark Avenue to Marber Avenue
Long Beach Ranks Third Worst City Of Fifteen Cities For Crashes
The Office of Traffic Safety ranked Long Beach as the third-worst out of 15 cities for drivers. Long Beach has areas with higher accident rates according to traffic safety data, so use caution while on the road. Long Beach is the 17th-worst American city for traffic accidents caused by speeding.
Certain road conditions may increase the risk of an accident, especially for motorcyclists who are more vulnerable to uneven pavement.
What Are The Elements Of A Hit-and-Run Accident?
To establish the fault of the defendant of the misdemeanor criminal offense of hit-and-run, you and your attorney must prove these elements:
- The defendant was in a traffic accident while driving.
- The accident caused damage to another person’s property.
- The defendant knew or should have known that the accident caused property damage.
- The defendant failed to stop and did not leave any identifying information.
To pursue a claim against the other party of the felony charge of hit-and-run, you and your attorney must prove these elements:
- They were in a traffic accident while driving.
- The accident caused another person’s bodily injury or death.
- They knew or should have known that they were in an accident.
- They left the accident scene without providing identifying information as required by state law.
How Can An LBC Hit-And-Run Accident Lawyer Help?
Pursuing compensation that reflects your losses from a Long Beach hit-and-run accident can be challenging. Between getting the required medical care, negotiating with insurance companies, and finding ways to pay your bills while missing work due to your injuries, you have a lot of factors to consider. However, with an experienced advocate working on your side, you have someone who can support you in navigating the legal process.
Our Long Beach hit-and-run accident lawyers can help you handle your case. We can support you throughout the process of pursuing compensation after a crash. After meeting with you and learning the facts of your case, our attorneys can craft a case strategy tailored to your specific situation.
Part of building a case involves a thorough investigation. Your Long Beach hit-and-run accident lawyer will review accident photos and police reports, speak to eyewitnesses, and employ experts to create an argument in your favor.
An experienced attorney will want to see your medical records and bills. In addition to the property damage they may deduce from accident photos, your attorney will help you identify the losses you incurred since the accident and determine the extent of your losses.
Your accident lawyer will negotiate with the insurance company on your behalf. Negotiating with insurance companies may be slightly more complex in hit-and-run accidents than in an accident where each party remains at the scene. If you cannot find the liable driver, you may file a claim with your uninsured motorist coverage.
Uninsured motorist coverage is a part of many drivers’ insurance coverage. In California, this coverage is not mandatory, but insurance companies are required to offer it to drivers. This applies if the other driver does not have coverage. However, in some cases, it may also apply to hit-and-run accidents. Your injury lawyer will help you file a claim to access this coverage if it is included in your policy.
If the police locate the responsible driver, you can file a claim with their insurance provider. Insurance companies typically conduct in-depth investigations to verify claims. In some instances, they may find reasons to deny or dispute a case. A Long Beach personal injury lawyer can help negotiate with the insurance company for a fair settlement. Before speaking with an insurance adjuster, it can be beneficial to gain a better understanding of your rights by seeking legal counsel.
How Long Do I Have To Sue For Damages In A Hit-And-Run Accident?
Victims do not have unlimited time to sue for damages after a hit-and-run accident. In the civil context, there are two deadlines that a victim should familiarize themselves with. A hit-and-run accident victim must promptly inform their insurance company of the accident and file a civil lawsuit within the time allowed by law.
Review your automobile insurance policy after an accident. Most policies require a policyholder to inform their carrier that they were in an accident within a reasonable time. Typically, a “reasonable” period will not exceed a few weeks. The terms of your policy may require that you inform your carrier, regardless of which driver is at fault. Failure to inform may result in claim denial.
Hit-and-run accident victims must remember the statute of limitations. The statute of limitations is the deadline for when an accident victim can file a civil lawsuit against a liable party for damages. Under California Code of Civil Procedure §355.1, a traffic crash victim generally has two years from the accident date to file a civil lawsuit. Failure to file a lawsuit within the specified time limit may result in the case being dismissed. Nevertheless, there are certain exceptions to this deadline, particularly when minors and delayed discovery of injuries are involved. A Long Beach hit-and-run accident lawyer can help you understand the legal time limit that applies to your case.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
What Should I Do After A Hit-And-Run Accident If I Didn’t Cause The Accident?
Being in a hit-and-run accident can be overwhelming, and you may not know what to do after the crash to protect your physical well-being and legal rights. First, never attempt to chase or follow the hit-and-run driver. Doing so may put you in danger, especially if you encounter an aggressive or impaired driver. Find a safe place to pull over and call emergency assistance.
While it is not advisable to chase the car, gather as much information as possible. If you snap a picture of the driver’s car or license plate, that can be helpful to the police as they try to find the liable driver. Even a partial plate number can help. Try to mentally note the car’s color, make, model, and year.
Seek immediate medical treatment, even if you do not think it is necessary. Your injuries may not be apparent. It is wise to get a complete medical examination to determine if you have suffered injuries like a concussion, internal bleeding, or organ damage. Seeking prompt medical care helps to document your injuries formally and connect them to the accident.
Does My Insurance Policy Cover Hit-And-Run Accidents?
Getting life back to normal is a priority for victims of hit-and-run accidents, and part of this process involves getting your car fixed and completing your medical treatment. You may not know where to start if you suffered losses after a Long Beach hit-and-run crash.
Unfortunately, some accident victims do not find the driver responsible for the hit-and-run that caused them losses and injuries. If the responsible driver’s identity remains unknown, you may need to file a claim with your insurance provider. You can file an uninsured motorist claim if it is included in your coverage.
Uninsured motorist coverage protects you and your vehicle if you get into an accident with a driver without liability insurance, who does not have adequate insurance to cover your losses, or who leaves the scene of an accident and is never found by the police. You can opt into uninsured motorist coverage, and it is good to carry it if you get into an accident with a runaway driver.
What If The Police Find The Other Driver?
If the police find the other driver, your attorney can help you file a claim with their insurance company. Remember that leaving the scene of an accident does not automatically make the other driver liable for causing the accident and your losses. Your legal team will work to establish that it is the other driver’s fault that the accident happened.
You may settle your claim with the opposing insurance company. Settling helps avoid the expense and time of a trial. If a fair settlement offer is not made, your attorney can advise you on whether to take the case to trial, though the decision will depend on the validity of your claim.
Victims also have the option of a civil compromise. Hit-and-run plaintiffs who compromise civilly seek compensation through the state court system.
Potential Damages Available In A Hit-and-Run Accident
There are various types of damages recoverable after a Long Beach hit-and-run accident. To help identify the physical injuries you suffered from the crash, seeing a doctor within 24 hours of the accident is advisable. Prompt medical attention will help build your case and mitigate your pain.
Some hit-and-run injuries are apparent and happen quickly after the accident. However, some injuries like whiplash or a concussion may not present themselves and can worsen over time. Seeing a doctor after your accident can help you get the appropriate treatment promptly.
Examples of common injuries that hit-and-run accident survivors sustain include:
- Traumatic brain injury
- Spinal cord injuries
- Burns and cuts
- Internal organ damage
- Sprains and strains
- Broken bones and fractures
- Amputation
- Paralysis
In some incidents, severe injuries can lead to death. Our Long Beach hit-and-run accident attorneys can help eligible family members file a wrongful death claim in such cases.
Types Of Damages
The recoverable damages in your case depend on the losses you sustained due to the accident. Generally, accident victims may file a claim for their losses in a civil lawsuit.
Examples of potential damages include:
- Current and future lost income.
- Current and future medical bills.
- Diminished earning capacity.
- Pain and suffering.
- Mental trauma and anguish.
- Loss of enjoyment of life.
- Physical impairment or disfigurement.
Working with an experienced hit-and-run injury lawyer in Long Beach helps bridge the gap between accident victims and fair compensation based on their specific circumstances.
Let Arash Law Be Your Advocate
It is no secret that hit-and-run accidents are more complex than typical traffic crashes. The legal team at Arash Law can represent hit-and-run accident victims in Long Beach and across California.
In addition to accident victims in Long Beach, our legal team serves clients in many surrounding cities, including Cypress, Torrance, Artesia, Bellflower, Compton, Paramount, Hawaiian Gardens, Los Alamitos, Lomita, Lakewood, West Carson, Carson, Rossmoor, Seal Beach, and Signal Hill.
Call us at (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation.
We are looking forward to hearing from you!
