Montclair Hit-And-Run Accident Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Dedicated Legal Guidance From Our Montclair Hit-and-Run Accident Attorneys
Hit-and-run accidents are devastating, leaving victims physically hurt and emotionally scarred. If the driver that caused your accident fled the scene, we understand the trauma and challenges you might face. Our Montclair hit-and-run accident attorneys are advocates for your rights as an injury victim. Call us at (888) 488-1391 for a free initial consultation.
Montclair is situated in the Pomona Valley, in southwestern San Bernardino County, approximately 35 miles east of downtown Los Angeles. The city is known for its tree-lined streets, parks, and friendly community. It offers residents a peaceful and comfortable suburban feel. Unfortunately, hit-and-run accidents can significantly disrupt the peace and tranquility of any community, and Montclair is no exception.
Our Montclair attorneys believe no hit-and-run accident victim should have to suffer alone. Whether you have sustained physical injuries or emotional distress, we are here to help. We can work to gather evidence, build a strong case, and negotiate with insurance companies to pursue a claim.
How Our Montclair Hit & Run Accident Lawyers Can Assist With Your Case
The process of pursuing a hit-and-run claim can be complicated and time-consuming. Let our Montclair hit-and-run accident lawyers handle your case while you concentrate on recuperating. Our Montclair injury law firm can help you seek just compensation by:
- Investigating the Accident — Our team will gather compelling evidence to support your claim. We will analyze physical evidence, medical records, police reports, insurance policies, and vehicle records to determine the cause of the incident. Additionally, we will interview eyewitnesses and consult with potential witnesses to determine the sequence of events and the likely cause of the accident.
- Identifying the Liable Parties — We will work closely with the authorities to track down leads of the fleeing vehicle and its driver. Once we have identified the responsible party, we can determine potential sources of compensation.
- Filing Paperwork — Our team will handle all the necessary paperwork for your case. It is advisable to seek legal representation immediately after the accident to be able to submit your case within the filing deadline.
- Negotiating Your Case — We can handle negotiations with insurance companies. Our lawyers aim to seek compensation that covers your actual losses.
- Representing You in Court — If negotiations fail, our hit-and-run accident attorneys can file a lawsuit to protect your rights.
Why You May Need A Hit-and-Run Accident Attorney
A hit-and-run accident is a stressful and confusing ordeal. Without an attorney, victims may find themselves at a disadvantage, facing greater legal challenges. Here are some of the reasons to hire our Montclair hit-and-run accident lawyers:
- We can provide experienced guidance and support at every stage of your case, helping you make informed decisions.
- We are here to answer your questions and clarify some of your concerns. Having our team by your side can provide legal assistance during such a chaotic time.
- In cases where the hit-and-run driver cannot be located, our attorneys in Montclair can help you determine whether you have other options, like filing a claim with your insurance company.
- We can help you assess the damages and pursue available sources of compensation.
Our client was a loyal rideshare driver involved in a hit-and-run. The at-fault driver struck our client and fled the scene. After years of litigating in Arbitration for the Underinsured Motorist policy, our co-counselor Kevin Levian set up the case perfectly for an arbitration trial. Ultimately, the case was resolved for the maximum policy limits one week before the arbitration.– BRIAN BEECHER
What Is A Hit-and-Run Accident?
California law requires drivers involved in a vehicle accident to stop, provide their contact information, and assist injured parties. Failure to comply with these requirements may constitute a hit-and-run offense, resulting in severe legal consequences.
Upon identification, the driver who fled may be subject to the following penalties:
- The driver may have to participate in an alcohol and drug education program for up to 30 months.
- Their driving privileges may be suspended or revoked.
- They may be required to pay substantial fines and restitution to victims.
- The driver may face jail or prison if the accident results in injuries or fatalities.
Hit-and-run drivers cause a significant number of catastrophic injuries and tragic deaths every year. Our Montclair hit-and-run accident attorneys can help you hold these reckless individuals accountable. Additionally, we can advocate for justice on your behalf and that of your family.
Hit-And-Run Laws In California
These are the primary responsibilities of a driver following a traffic accident:
- The driver must stop their vehicle.
- The driver should provide the other party with their name and address.
- If asked, the driver must provide their license and vehicle registration.
Failing to stop, identify oneself, and render aid at an accident scene constitutes a hit-and-run offense. Leaving the scene of an accident after causing property damage, even without injuries, is considered a hit-and-run offense.
The California Vehicle Code addresses the serious issue of hit-and-run accidents. It holds drivers accountable for their actions, regardless of the severity of the collision.
- Felony Charges — Drivers involved in hit-and-run accidents that result in injuries or fatalities face felony charges. These charges can result in substantial legal consequences, including imprisonment, fines, and license suspension.
- Misdemeanor Charges — Drivers who leave the scene of an accident without stopping and providing their information after causing property damage could face misdemeanor charges. These charges can lead to less severe penalties than felony charges, but they can still result in lower fines, shorter jail time, and license suspension.
Whether the offense is a felony or a misdemeanor, the at-fault driver may be held liable in a civil lawsuit. That means the injured party can file a lawsuit against the driver to seek compensation for their losses, including medical expenses, lost wages, and pain and suffering.
Our hit-and-run accident lawyers in Montclair can help you understand how these laws apply to your case. We can provide professional advice and guidance throughout the process.
Why Do Hit-And-Run Accidents Typically Happen?
Hit-and-run accidents can be a devastating experience for victims and their families. These incidents often leave people injured, traumatized, and facing significant financial hardship. It is a callous act that can have lasting consequences for everyone involved. That said, why do so many drivers still choose to flee the accident scene?
Our Montclair hit-and-run accident attorneys have identified the following common reasons:
Driving Under The Influence
When a driver is under the influence of drugs or alcohol, their judgment, reaction time, and coordination can be significantly impaired. These impairments can increase the likelihood of accidents. When a DUI accident does occur, the driver’s intoxicated state can lead to a heightened sense of panic or fear.
No License Or Registration
Driving without a valid license or registration is illegal, and law enforcement officers may issue citations or arrest individuals violating these laws. Furthermore, if a driver is caught driving without a valid license or registration, their license may be suspended or revoked. Losing their license can make it difficult or impossible to go to work, causing financial hardship. To avoid these consequences, drivers might choose to flee the scene.
The Driver Is On Probation
Probation often comes with specific conditions. If a driver on probation is involved in an accident, especially one that results in injuries or property damage, they may fear that it could violate their probation terms. This fear could lead to them fleeing the scene to avoid arrest and potentially revoking their probation.
Our Montclair hit-and-run accident attorneys can work with local law enforcement to identify the driver using evidence like surveillance footage, witness statements, and vehicle descriptions. We can also conduct thorough public record searches to uncover any potential leads about the driver’s identity, address, and employment information.
The Driver Doesn’t Have Insurance
In uninsured motorist accidents, the drivers are personally responsible for the damages or injuries they cause. Unfortunately, drivers who don’t have insurance coverage tend to have limited resources and are financially unstable. Some uninsured drivers could choose to flee to avoid the ensuing financial burden.
The Driver Has A Warrant For Arrest
Drivers with outstanding warrants for arrest are more likely to flee the accident scene. Interacting with law enforcement could lead to their arrest, especially if the warrant is for a serious offense.
Hit-and-run accidents are illegal in California, regardless of the driver’s motives for fleeing the scene. Such actions not only result in legal penalties but also leave victims unable to receive timely medical attention, resulting in complications, long-term health problems, or fatalities.
The primary challenge in these cases is identifying and apprehending the perpetrator. Our Montclair hit-and-run accident attorneys can leverage our experience and resources to hold the driver accountable.
Common Injuries In Hit And Run Accidents
Hit-and-run accidents can result in a wide range of injuries, from minor scrapes and bruises to life-altering injuries. The severity of injuries often depends on factors such as the speed of the vehicles involved, the impact point, and the victim’s physical condition.
Our Montclair lawyers helped hit-and-run accident victims who have sustained the following common injuries:
- Traumatic brain injuries (TBIs)
- Head, neck, and shoulder injuries
- Whiplash
- Back strains
- Broken bones
- Burns
- Lacerations
Pedestrians and cyclists, being particularly vulnerable on the road, often sustain severe injuries in hit-and-run accidents. These injuries include spinal cord damage, fractures, internal organ damage, and soft tissue injuries. Such injuries have long-lasting consequences, often resulting in permanent disabilities or even death.
Injured in a hit-and-run accident? Our Montclair attorneys are here to help. We will advocate for compensation that may help cover your injuries and their possible long-term consequences. If you tragically lost a loved one in a hit-and-run accident, we offer compassionate support and guidance as you navigate the difficult process of pursuing a wrongful death case.
Hit-And-Run Accident?
How To Prove Negligence In A Hit-And-Run Collision
Negligence is a legal term that describes the failure to exercise reasonable care, resulting in harm to another person or property. Our Montclair hit-and-run accident attorneys can help you prove negligence by demonstrating the following elements:
- Duty of Care — A duty of care is a legal obligation to act with reasonable care and caution to avoid causing harm to others. A driver has a duty of care to all other road users, including pedestrians, cyclists, and other drivers.
- Breach of Duty — A driver breaches their duty of care when they fail to act as a reasonably prudent person would have under the circumstances.
- Causation — The driver’s breach of duty must have directly caused the victim’s injuries.
- Damages — The victim must have suffered damages from the hit-and-run accident. These damages include medical expenses, lost wages, pain and suffering, and property damage.
Who Pays For My Damages After A Hit-And-Run?
In a hit-and-run accident, the person responsible for paying damages is typically the at-fault driver. If the at-fault driver is identified, you may file a claim or lawsuit against them to seek compensation, regardless of the criminal case’s outcome.
However, you may have other options if the at-fault driver cannot be identified. Your auto insurance policy may apply, depending on what coverage you have:
- Uninsured/Underinsured Motorist (UM/UIM) Coverage — If the at-fault driver is uninsured or underinsured, your car insurance policy’s UM/UIM coverage may be your primary source of compensation. The amount of coverage typically depends on the limits you selected when you purchased your policy.
- Collision Coverage — This auto coverage reimburses you for damage to your car, regardless of who’s responsible for the accident. It’s often the most expensive part of your auto insurance, but it can be very helpful when accidents happen.
- MedPay Coverage — This optional add-on to your auto insurance policy can pay for immediate medical expenses for you and your passengers, regardless of who caused the accident. The minimum coverage is $1,000 per person, but you can choose higher limits.
You may also have other options, whether or not your auto insurance policy applies:
- California Victim Compensation Board (VCB) — The VCB is a state agency that provides financial assistance to victims of crimes, including hit-and-run cases, that occur within the state. This assistance can help cover medical bills, lost wages, counseling fees, and other expenses.
- Other Sources — Your health insurance may cover some or all of your medical expenses. You may also be eligible for workers’ compensation benefits if you were injured while on the job.
What Damages Can You Claim After A Hit-And-Run?
If you are a hit-and-run accident victim, our Montclair lawyers can help you file a claim for the following damages:
- Medical expenses, including the cost of emergency medical treatment, hospitalization, surgeries, medications, and ongoing medical care.
- Lost wages, including current and future earnings, and any future earnings.
- Property damages, including the cost of repairs or replacement, if your vehicle or other property was damaged in the accident.
- Pain and suffering, including physical pain, emotional trauma, and loss of enjoyment of life.
- Scarring and disfigurement, as well as their effects on your quality of life.
- Loss of consortium, including the loss of companionship, love, affection, and support from a spouse or partner due to the injury.
If you want to learn more about the damages you can pursue, contact our Montclair hit-and-run accident attorneys at (888) 488-1391. We are available 24/7 to answer your questions and address your concerns.
What To Do After A Hit-And-Run
If you have been injured in a hit-and-run accident, understanding how to protect your rights is crucial. Taking the right steps can increase your chances of recovering damages and rebuilding your life after this traumatic event.
Our Montclair hit-and-run accident attorneys recommend doing the following:
- Prioritize your safety. If you can, move to a safe location away from traffic. If you or anyone else is injured, call 911.
- Report the hit-and-run to the police. You can contact the Montclair Police Department by calling (909) 621-4771 or filling out the online report form. Provide as much detail as possible about the incident.
- If possible, gather as much information as you can, including:
- License Plate Number — Write down the license plate number of the other car if you were able to see it.
- Description of the Vehicle — Note the vehicle’s make, model, color, and other distinguishing features.
- Location — Clearly mark the exact spot where the accident occurred. This could involve using a GPS device, taking photos, or providing detailed directions.
- Witness Information — Collect the contact information of any witnesses to the accident.
- You should seek medical attention even if you don’t see or feel any injuries. Some types may not become apparent in the accident scene or upon cursory inspection. A medical professional can provide a more comprehensive and detailed assessment.
- Notify your insurance company about the hit-and-run accident. Provide accurate and truthful information about the accident and your injuries. Exaggerating or sharing details you’re unsure of can damage your claim.
- Consult our Montclair hit-and-run accident lawyers before signing any documents or agreeing to a settlement. We can help you understand your rights and seek a fair deal for your claims.
What Evidence Is Needed For Hit-And-Run Cases?
Hit-and-run cases require strong evidence to prove the driver’s involvement and their failure to stop after a car accident. Here are some critical pieces of evidence:
- Description of the vehicle, including the make, model, color, and license plate number.
- Description of the driver, including their appearance, clothing, and behavior.
- Physical evidence, including damage to your vehicle, debris, and skid marks.
- Surveillance footage from security cameras or dashcams.
- Eyewitness statements and first responder testimony.
- Medical records documenting the injuries you sustained in the accident.
- Copy of the official incident report.
- A journal of the victim’s medical treatment.
Remember, time is of the essence. Reach out to us by calling (888) 488-1391 for legal assistance. Our Montclair hit-and-run accident attorneys can help you collect and gather key evidence to support your claim.
When To File A Hit-And-Run Accident Claim
In California, you must file your lawsuit within two years of the accident date. This time limit, known as the statute of limitations, sets the legal deadline for plaintiffs to take action. However, there are some exceptions to this general rule, such as if the hit-and-run only resulted in property damage.
Consult with our Montclair hit-and-run accident attorneys to determine if exceptions apply to your case. They can also help you initiate a claim and help you pursue compensation for your losses. We can assist you in filing your case within the appropriate deadlines.
Personal Injury: An attack that took place when a homeless man used an unsecured baseball bat in the Walmart store to attack a husband and wife who were shopping nearby. The jury found that Walmart was 50 percent liable for the attack, and the amount of the judgment against the company exceeded $30,000,000.– BRIAN BEECHER
Frequently Asked Questions
How Long Do You Have To Report A Hit-And-Run Accident?
In California, drivers involved in an accident must report it to the local police within 24 hours, regardless of the amount of property damage or whether there were injuries. All involved parties must file a Report of Traffic Accident Occurring in California (SR-1) with the Department of Motor Vehicles (DMV) within ten days if the accident resulted in:
- Injuries or Death — Even minor injuries require reporting.
- Property Damage Over $1,000 — If property damage exceeds $1,000, report it to the DMV.
If you need help getting a copy of the hit-and-run accident report, our Montclair lawyers can assist you. Call us at (888) 488-1391.
How Much Can You Sue For Hit-And-Run?
The law recognizes the severity of hit-and-run accidents and the potential for substantial damages. Unlike states with restrictive damage caps, hit-and-run victims in the Golden State can seek compensation to the full extent of their losses.
However, the specific amount you can seek compensation for will depend on several factors, including the severity of your injuries, pain and suffering, insurance policy limits, and more. Consult with Montclair hit-and-run accident attorneys to discuss your case and determine the potential value of your claim.
How Long Does It Take For Police To Investigate A Hit-and-Run?
The duration of a hit-and-run investigation can vary significantly, depending on several factors.
- If ample evidence (e.g., surveillance footage, witness testimonies, or physical evidence) is available, the investigation may be resolved more quickly.
- Cases involving multiple vehicles or complicated accident scenes may take longer to investigate.
- The availability of detectives, investigators, and other resources can affect the speed of the investigation.
- If witnesses are reluctant to come forward or provide inaccurate information, it can slow down the process.
Unfortunately, some cases may remain unsolved for years, especially with limited evidence and no leads. However, this doesn’t always mean you’re left with no recourse. Our Montclair hit-and-run accident lawyers can conduct an independent investigation to identify the driver. We can also help you look into other sources of compensation.
Does Your Insurance Go Up After A Hit-And-Run In California?
Your insurance rates should not go up if you are the victim of a hit-and-run accident in California. Insurance companies generally do not increase rates for accidents that are not the fault of the insured victim.
If your insurance company suggests a rate increase after a hit-and-run accident where you were the victim, you can dispute this decision. Our Montclair lawyers can help you understand your rights and options after a hit-and-run accident.
Can You Get Punitive Damages For A Hit-And-Run?
Punitive damages are designed to punish the defendant’s reckless or malicious behavior. In hit-and-run cases, if the defendant’s actions were grossly negligent or intentional, the court may award punitive damages in addition to compensatory damages.
However, punitive damages are rarely awarded. The court must find that the defendant’s conduct was so outrageous as to warrant punishment. This process requires a high standard of proof. Get in touch with our hit-and-run accident lawyers in Montclair. We can help you determine which damages you may be eligible for.
Does Insurance Cover Hit-And-Run Cases Involving Parked Cars?
Yes. If another vehicle strikes your parked car, and you can identify the driver, their insurance should be liable for the damages. However, your insurance may provide coverage if the perpetrator remains unidentified. If you have collision coverage or UM/UIM coverage, your insurer may be able to compensate you for the damages.
If you encounter difficulties with your insurance claim, our Montclair hit-and-run accident attorneys can help. We can advocate on your behalf to pursue an appropriate settlement.
Can I File For A Hit-And-Run Accident Claim If I’m Undocumented?
In California, undocumented immigrants have the right to file a claim for damages caused by hit-and-run accidents. Like any other resident, they can seek compensation for their injuries, property damage, and other losses without fear of discrimination based on their immigration status.
Hiring experienced hit-and-run accident attorneys in Montclair can help protect your rights, even if you are undocumented. They can work to help protect you so that your immigration status is not used against you.
Consult With Our Montclair Hit-And-Run Accident Lawyers
Hit-and-run accidents can be devastating and emotionally traumatic. When faced with such a situation, get experienced legal representation to protect your rights and seek compensation.
Our Montclair hit-and-run accident lawyers are committed to providing personalized legal services to victims whose lives have been deeply impacted by these incidents. Contact us at (888) 488-1391 for a free initial consultation. We are ready to listen to your story, answer your questions, and provide personalized guidance.
Our firm also serves neighboring locations, including Claremont, Ontario, Upland, Pomona, Chino, La Verne, Claremont, Rancho Cucamonga, Chino Hills, San Dimas, Charter Oak, Glendora, Walnut, and Covina.
