Modesto Hit-and-Run Accident Attorneys
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- Modesto Car Accident Statistics
- Dangers of Highway 99
- California Hit-and-Run Laws
- Related Criminal Offenses
- Is There a Statute of Limitations for Hit-and-Run Injury Claims?
- How Do Police Officers Find Hit-and-Run Drivers?
- Common Causes of Hit-and-Run Accidents in Modesto
- How Much Can You Get From a Hit-and-Run Accident Settlement?
- Common Kinds of Hit-and-Run Accident Injuries
- Steps You Should Take After a Hit-and-Run Accident
- 5 Things You Should Not Do After a Hit-and-Run Accident
- Reasons Why Drivers Commit Hit-and-Run Offenses
AWARD-WINNING HIT-AND-RUN ACCIDENT ATTORNEYS in Modesto Turning Injured Victims into Victors
Modesto is considered the county seat and largest city of Stanislaus County, California. It is conveniently located 68 miles south of Sacramento, 90 miles north of Fresno, 92 miles east of San Francisco, and 66 miles west of Yosemite National Park.
According to the United States Census, as of July 1, 2021, Modesto had a population of 218,771, with 42.5 percent of residents being white, 40.7 percent being Hispanic or Latino, 8.8 percent being two or more races, 7.6 percent being Asian, 5.0 percent being Black or African-American, and 1.2 percent being American Indian and Alaska natives. The population was 50.9 percent female, with 13.8 percent being 65 years of age or older, 26.3 percent being under 18 years of age, and 7.4 percent being under 5 years of age.
The California Employment Development Department (EDD) reports that the biggest employers in Modesto include Bartles & Jaymes Co., Del Monte Foods Inc., E & J Gallo Winery, Frito-Lay Inc., Health Services Agency, Memorial Medical Center, the Modesto Bee, the Modesto Irrigation District, Pacific Southwest Container LLC, Patterson City Office, Stanislaus County Welfare Department, Storer Coachways, Sysco Central California-Wholesale Restaurant Food Supplies, the United States Postal Service (USPS), and Walmart. The Stanislaus Regional Transit Authority operates a local bus service that has regional service in Stanislaus County and connects to Bay Area Rapid Transit and Altamont Corridor Express stations.
Should you sustain severe injuries or your loved one dies in a hit-and-run accident in Modesto or another community in Stanislaus County, make sure you take the time to speak to a Modesto hit-and-run accident attorney at Arash Law, founded by Arash Khorsandi, Esq.
Call (888) 488-1391 or contact us online to receive a free consultation so we can take the time to review your entire case and discuss what you can do.
Car Accident
$4,100,000.00
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
Modesto Car Accident Statistics
With a population as large as Modesto’s, motor vehicle accidents are fairly typical. The California Office of Traffic Safety (OTS) reports that the city had 2,059 people killed or injured in accidents in the most recent year. This ranks Modesto as having the third-highest number of accidents in the state.
Dangers of Highway 99
California Hit-and-Run Laws
Under California Vehicle Code § 20002, any person driving a motor vehicle involved in a crash causing injury or death must immediately stop their vehicle at the scene of their accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004. People must take these steps whether they are involved in accidents causing property damage, injury, or death.
- It is important to locate and notify the owners of the other vehicle or the person in charge of the damaged property of the driver’s name and address, as well as the vehicle’s owner involved. It is the responsibility of the other driver, the owner, or the person in charge of any other damaged property, on request, to present their driver’s license and vehicle registration to the other driver, owner, or person in charge of the property on request. The information a person provides must include the driver’s and registered owner’s current residence address. When a registered owner of an involved vehicle is present at the scene, they must, upon request, present their driver’s license information or some other kind of valid identification to the other involved parties.
- Leave a written notice on a motor vehicle or damaged property providing the name and address of the driver and the owner of the vehicle involved as well as a statement of the circumstances and, without delay, notify a police department of the city where a collision occurred. If a collision happens in an unincorporated territory, a driver and owner must inform the local headquarters of the Department of the California Highway Patrol.
California Vehicle Code § 20002 Prohibitions
A person violates California Vehicle Code § 20002 when they do any of the following:
- Leave the scene of a motor vehicle accident
- Drive away without identifying themselves to other involved parties
- Cause damage to another party’s property
Definition of a Hit-And-Run Accident Under California Vehicle Code § 20002
If an alleged offender is accused of having been engaged in a hit-and-run accident, a criminal case will require a prosecutor to prove all of the following elements beyond a reasonable doubt:
- The alleged offender drove and caused a motor vehicle accident.
- The alleged offender’s accident damaged another party’s property.
- The alleged offender knew of their involvement in an accident causing property damage, injury, or death.
- The alleged offender willfully failed to stop at the scene of their accident or provide an owner or person in control of the damaged property with their name and current residence address.
Punishments Under California Vehicle Code § 20002
Certain misdemeanor crimes can be punishable by up to one year in county jail, a fine of up to $10,000, restitution to victims for property damage, and/or 2 points on California driving record.
Hit-and-run accidents causing injuries or death lead to felony charges that may result in up to four years in state jail, a fine of up to $10,000, restitution to victims for property damage, and 2 points on California driving record.
It’s important to get ahold of an experienced Modesto hit-and-run accident attorney who will help you comprehend your legal rights and obtain compensation for any damages, lost wages, or injuries sustained.
Related Criminal Offenses
Driving Without a License, California Vehicle Code § 12500
California Vehicle Code § 12500 applies to drivers who either fail to obtain a California driver’s license or renew it. It does not apply, however, to people driving on suspended or revoked driver’s licenses because criminal charges in those cases are instead filed under California Vehicle Code § 14601.1(a).
The offense is called a wobbler, meaning it can be charged as a misdemeanor or an infraction. A misdemeanor is punishable by:
- Up to six months in jail
- A fine of up to $1,000
California Jury Instructions for Driving Without a License
To prove that an alleged offender committed this crime, a prosecutor must prove that an alleged offender:
- Drove on a highway
- Did not hold a valid California license
- Was not otherwise excused from the requirement to have a California license
DUI, California Vehicle Code § 23152
- Those under the influence of alcohol
- Those with a blood alcohol concentration of 0.08 percent or higher
- Those with addiction to any type of drug
- Those having an alcohol concentration of 0.04 percent or more and driving a commercial motor vehicle
- Those under the influence of any drug,
- or under the combined influence of alcohol and drugs
Certain DUI cases will involve aggravating factors that can increase the possible criminal charges. Most DUI cases, however, involve the following penalties:
- First DUI offense in 10 years:
- Three to five years of summary probation when blood alcohol concentration (BAC) is less than 0.15 percent
- Three months or 30 hours of DUI school when BAC is 0.15 percent to 0.19 percent
- Six months or 60 hours of DUI school when BAC is 0.20 percent or higher
- Attendance at a Victim Impact Panel, nine months of 90 hours of DUI school, up to $1,000 in fines, six-month driver’s license suspension, and/or up to six months in jail
- Second DUI in 10 years:
- Three to five years of summary probation
- An 18-month or 30-month DUI school course
- Up to $1,000 in fines
- Two-year driver’s license suspension
- And/or up to one year in jail
- Third DUI in 10 years:
- Three to five years of summary probation
- 30-month DUI school course
- Up to $1,000 in fines
- Three-year driver’s license suspension
- And/or up to one year in county jail
California Jury Instructions for DUI
Felony Hit-and-run, California Vehicle Code § 20001
Misdemeanor penalties may include:
- A fine of up to $10,000
- Up to one year in county jail
Felony convictions can result in:
- A fine of up to $10,000
- Up to three years in state prison
- Up to four years in state prison when death or serious injury occurred
California Jury Instructions for Felony Hit-and-Run Cases
CALCRIM No. 2140 establishes that the state must prove the following:
- The alleged offender was driving and involved in a motor vehicle accident.
- Another person died or suffered permanent and serious injuries during the motor vehicle accident.
- The alleged offender knew that they had been involved in an accident injuring another person or knew from the nature of the accident that it was probable that another person had suffered an injury.
- The alleged offender willfully failed to perform one or more of the following duties:
- Immediately stopped at the scene of the accident
- Provided reasonable assistance to any person injured in the accident
- Given to the person struck, the driver or occupants of any vehicle collided with, or any peace officer at the scene of the accident all of the following information:
- Their name and current residence address
- The registration number of the vehicle they were driving
- The name and current residence address of the owner of the vehicle if they are not the owner
- The names and current residence addresses of any occupants of their vehicle who suffered an injury in the accident
- When requested, showed their driver’s license to the person struck, the driver or occupants of any vehicle collided with, or any peace officer at the scene of the accident.
- Without unnecessary delay, notified either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.
DUI with Injury, California Vehicle Code § 23153
California Vehicle Code § 23153 applies to cases in which drivers operate motor vehicles while under the influence of alcohol, drugs, or both and cause accidents resulting in injury to other people. DUI causing injury is another wobbler offense, possibly resulting in misdemeanor or felony charges, and third offenses are automatic felonies.
Misdemeanors may be punishable by:
- Up to five years summary probation
- Up to one year in county jail
- A fine of up to $5,000
- Completion of California DUI school
- A driver’s license suspension of up to three years
- Restitution to any injured parties
- Up to 30 months of participation in an alcohol and drug education program
Felony convictions can result in:
- Up to four years in state prison with one additional year in prison for each person injured (up to three additional years)
- A “strike” on a person’s criminal record, according to California’s Three Strikes Law, if any person other than the alleged offender suffers great bodily injury
- A fine of up to $5,000
- Habitual Traffic Offender (HTO) status for three years
- Completion of a court-approved DUI school
- A five-year revocation of the defendant’s driver’s license
- Up to 30 months of participation in an alcohol and drug education program;
California Jury Instructions for DUI with Injury Cases
- An alleged offender was driving a vehicle.
- The alleged offender’s blood alcohol level was 0.08 percent or more by weight while driving.
- While the alleged offender was driving with that blood alcohol level, they also committed an illegal act or neglected to perform a legal duty.
- The alleged offender’s illegal act or failure to perform a legal duty caused bodily injury to another person.
Exhibition of Speed, California Vehicle Code 23109(c)
California Vehicle Code § 23109 is the state law providing that people cannot engage in motor vehicle speed contests on highways (defined as including a motor vehicle race against another vehicle, a clock, or other timing devices), aid or abet in any speed contest on any highway, or, for the purpose of facilitating or aiding or as an incident to any speed contest or exhibition upon a highway, in any way obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. Under California Vehicle Code 23109(e), convictions may be punishable by up to 90 days in county jail and/or a fine of up to $1,000, but violations causing bodily injury to another person may be punishable by up to six months in county jail and/or a fine of up to $1,000.
California Jury Instructions for Exhibition of Speed Offenses
Is There a Statute of Limitations for Hit-and-Run Injury Claims?
When you are talking about the statute of limitations for hit-and-run accidents, the cases can be criminal or civil in nature. While the Judicial Branch of California website states that the statute of limitations for most personal injury claims is two years, Assembly Bill No. 184 modified the criminal statute of limitations for hit-and-run offenses such that the limitations period is now six years instead of three.
How Do Police Officers Find Hit-and-Run Drivers?
- Run searches of accident scenes and set up officers in surrounding areas to locate and stop alleged offenders and their vehicles.
- Through interviews with other drivers, passengers, and witnesses who provide detailed descriptions of alleged offenders and their vehicles.
- Obtain surveillance footage from establishments in the area that can provide information about the vehicles involved.
- Look at the damage to vehicles involved and property struck, used paint left behind, or other evidence that helps determine an alleged offender’s vehicle.
Common Causes of Hit-and-Run Accidents in Modesto
- Distracted driving
- DUI
- Driver fatigue or drowsy driving
- Failure to obey traffic laws
- Tailgating
- Mechanical failure
- Dangerous traffic design
- Inclement weather
- Missing or malfunctioning traffic lights or signs
- Poor road maintenance
All hit-and-run accident victims need to understand that their injuries will certainly be unique to them but are not entirely foreign to most Modesto personal injury attorneys, who can advise victims on the steps necessary to get proper medical care and achieve the best possible recovery. When dealing with issues relating to necessary medical care, ensure you have a skilled Modesto hit-and-run accident lawyer on your side.
How Much Can You Get From a Hit-and-Run Accident Settlement?
Most hit-and-run accidents in Modesto result in compensatory damages for the victims. To ensure you receive the total compensation you are entitled to, working with experienced Modesto hit-and-run accident attorneys who can help you build a strong case and negotiate with insurance companies and other parties involved is essential. Compensatory damages typically involve both economic damages and non-economic damages.
Economic damages are the kinds of personal losses people can prove with their bills like:
- Past, present, and future lost wages
- Past, present, and future medical bills
- Property damage
- Reduced earning potential
- Other out-of-pocket costs
Non-economic damages are much more difficult to quantify because the types of harm will be more subjective, and examples may include:
- Pain and suffering
- Physical disfigurement
- Emotional distress
- Disability
- Loss of enjoyment in life
Common Kinds of Hit-and-Run Accident Injuries
People can suffer a wide range of possible injuries in a hit-and-run accident, with some victims only suffering minor injuries while others will experience life-changing harm. Some of the most common types of injuries in these cases include, but are not limited to:
- Broken bones
- Bone fractures
- Contusions
- Lacerations
- Internal injuries
- Strained and sprained muscles
- Whiplash neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Concussions
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
- Skull fractures
- Traumatic brain injuries (TBIs)
- Permanent nerve injuries
- Amputations
- Paralysis
- Severe burn injuries
- Wrongful death
Every person involved in any motor vehicle accident should always be sure to seek medical attention as soon as possible after their accident. The insurance company may claim that your symptoms resulted from another issue if you wait and see a medical professional days or weeks later. It’s important to contact experienced Modesto hit-and-run accident attorneys who can help you understand your legal rights and options and guide you through seeking compensation for any damages or injuries sustained.
Motor Vehicle Accident
$3,500,000.00
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Steps You Should Take After a Hit-and-Run Accident
- Call 911 – After checking for injuries, call 911 and report the accident. Seek medical assistance when anybody suffers injuries.
- Seek medical attention – When injuries are particularly severe, people usually receive emergency medical attention at the accident scene. You should still see a doctor even when you think you did not suffer injuries or they are particularly minor. Many serious injuries have delayed symptoms. Furthermore, you must have a medical record created as soon as possible after your accident for your injury claim.
- Collect relevant evidence – When possible, collect as much evidence as possible at the scene of your accident. This evidence can include photos and videos of the vehicles involved, property damages or other signs of an accident, the other driver’s information, and any witness contact information.
- Report the accident – Most insurance companies require people to report their accidents, even when they are not at fault. Contact your insurance company immediately and provide the basic information, but try not to give too detailed of an account. When the negligent driver’s insurance company contacts you, you should decline to provide any statement until you have legal counsel from Modesto hit-and-run accident attorneys who can protect your rights and help you get the compensation you deserve.
5 Things You Should Not Do After a Hit-and-Run Accident
- Avoid arguing with the negligent driver about who caused the accident.
- Never admit to fault or sign anything regarding the fault.
- Never talk to another driver’s insurance company.
- Never accept a settlement offer from an insurance company.
- Never authorize any repairs until an insurance adjuster inspects your vehicle and sees the extent of the damage.
Reasons Why Drivers Commit Hit-and-Run Offenses
- They were committing a DUI offense.
- They did not have a valid driver’s license or proof of insurance.
- They have active warrants or are otherwise wanted by the police.
- They were in the United States illegally.
- They simply panicked about not knowing how to respond.
- The vehicle they were driving was stolen.
- They had illegal drugs or guns on them.
- They were driving a company vehicle and did not want to cause employment issues.
How our Hit-and-Run Accident Attorneys Can Help
If you’re involved in a wreck where the other driver fled the scene, you will want to speak to our knowledgeable Modesto hit-and-run accident attorneys right away. Not only will you get invaluable advice, but you can also get assistance in pursuing a civil claim.
Our hit-and-run accident lawyers in Modesto know how important it is to help people get the most favorable settlements possible. When an insurance company is unwilling to provide a suitable settlement offer, we will not hesitate to file a lawsuit to take your case to court.
Reasons You Should Contact Arash Law
Managed and operated by Arash Khorsandi, Esq., Arash Law understands the challenges people are facing and works closely with victims so they can understand all of their rights and the options they have every single step of the way. We work closely with hit-and-run victims to ensure that they can achieve some measure of justice.
We have decades of experience investigating these kinds of cases and working to help people recover as much money as possible. With a team of Modesto hit-and-run accident attorneys managed by Arash Khorsandi, Esq., Arash Law also knows how to work with medical treatment providers, so we can see to it that you can get all of the necessary care you need to achieve a full recovery.
Talk to Our Modesto Hit-and-Run Accident Law Firm Today
Our team of attorneys in Modesto will know how to do everything possible to help make your life easier, whether dealing with medical bills, seeking car repairs, or handling phone calls from insurance companies. We understand how often victims end up getting blamed for their injuries, and we will fight to restore your good name.
It is essential to remember that California places a strict time limit on the ability of people to recover compensation for their losses, so you cannot afford to delay action in these cases. You will want to call (888) 488-1391 or fill out the contact form on our website to schedule a time to speak to our expert hit-and-run accident lawyers in Modesto.
