Monterey Hit-and-Run Accident Attorneys
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Our Monterey Hit-and-Run Accident Attorneys Can Help You Find A Legal Path Forward
Monterey County is one of the most stunning coastal areas in California. The space encompassing Monterey Bay is ecologically diverse and lies on the Central Coast. Visitors come from all over the world to experience the natural beauty and amazing weather in Monterey. Monterey Bay Aquarium is one of the most popular attractions in Monterey.
The city of Monterey was founded in 1770 as the capital of Alta California. After California attained statehood, the city was the home of California’s constitutional convention in 1849. Monterey had many amenities that were not available in other California cities during the state’s early period, including a newspaper, a public school, and a theater. Also, it was the single entry point for goods in California.
Monterey occupies approximately eight square miles, and the population in 2020 was about thirty thousand residents. Although it is small compared to larger cities in California, Monterey is charming, elegant, and exciting. Its cultural history is a point of pride for those who call Monterey home. Cannery Row and 17-Mile Drive are two of the most popular places in the city. Pebble Beach is a world-renowned golf course that attracts players from all over the world.
Although Monterey is a wonderful place to live, automobile accidents are a fact of life in Monterey. Hit-and-run accidents are becoming more common in many cities in California. Arash Law is committed to providing legal representation. If you are searching for Monterey hit-and-run accident attorneys near you, we’re here to help.
Being a victim of a hit-and-run driver can be devastating. Not only do you suffer physical injuries, but you also feel humiliated and helpless after being abandoned at the accident scene. Hit-and-run accidents can leave victims waiting for hours until someone stops to offer assistance and call 911. If you have suffered injuries during a hit-and-run accident, you can seek financial compensation to help pay your medical bills and other costs.
April 2019: $5M settlement in a traumatic brain injury case involving a motor vehicle collision.– BRIAN BEECHER
Facts And Figures: Hit-And-Run Accidents In The United States
Hit-and-run drivers are not thinking about injured victims when they flee accident scenes. Most hit-and-run drivers can stop and provide assistance to injured parties, but they choose to leave the accident scene for selfish reasons. The total number of hit-and-run accidents in the United States has increased to approximately 700,000 per year since 2006. Every year, hit-and-run accidents cause 400,000 physical injuries and 2,000 fatalities.
Not only do drivers and passengers suffer injuries during hit-and-run accidents, but pedestrians and bicyclists suffer injuries as well. Although law enforcement agencies attempt to identify and locate hit-and-run drivers, most hit-and-run drivers are never apprehended.
The Most Important Things To Do After A Hit-And-Run Accident
Here are some important steps hit-and-run accident victims can take after seeking immediate medical attention for their injuries:
Contact Your Insurance Company
It is necessary to file a report with your own insurance company even if the hit-and-run driver has not been identified or located. You might be able to pursue financial compensation through your own automobile insurance, particularly if you have uninsured motorist or underinsured motorist coverage. California is an at-fault state, meaning that those who cause automobile accidents can be responsible for paying the costs associated with them.
Seek Immediate Medical Treatment
Hit-and-run accidents can be dangerous. It is important for every party involved in a hit-and-run accident to seek immediate medical treatment. Establishing documentary evidence related to your injuries is important for your hit-and-run accident case. Medical bills and medical records are essential to establishing the cost of your medical treatment.
Contact Law Enforcement And File A Police Report
Filing an accident report will also establish documentary evidence for your hit-and-run accident case. Contacting law enforcement ensures that the hit-and-run accident is properly documented. If you wait too long to contact law enforcement officers, they may be less likely to ascertain the identity of the hit-and-run driver.
Record As Many Facts As You Can Recall About The Hit-And-Run Driver
After recovering from your injuries, write down any facts you can remember about the hit-and-run driver and the vehicle they drove. You may remember a part of the license plate number on the vehicle. Also, you should try to remember the color, make, and model of the vehicle. If you did see the hit-and-run driver, it is important to write down any distinguishing features that may assist law enforcement officers in identifying and locating the hit-and-run driver.
Speak To A Monterey County Hit-And-Run Accident Attorney
Being involved in a hit-and-run accident can be traumatizing. You may not know how to pay your medical bills. Also, you may not know your options for seeking financial compensation for your injuries. Speaking to a hit-and-run accident lawyer can help you understand your legal options.
What Does It Mean That California Is An At-Fault State?
Some jurisdictions in the United States are “no-fault” states. In these states, an injured victim’s insurance company will pay for the injuries and property damage, no matter who caused the accident. California is an “at-fault” state, meaning that each individual party in the accident is liable for the injuries and property damage the individual causes. Those who suffer injuries can seek monetary compensation for personal injuries and property damage after an automobile accident. However, the majority of accident claims are resolved through out-of-court settlement negotiations.
More than one party may be liable for one individual’s injuries and property damage. These parties may be liable for a portion of the damages suffered by the injured party. California adheres to a system of pure comparative negligence.
A party may have suffered losses in an automobile accident but was found to be 20% liable for the accident. This party will have its financial compensation reduced by 20%, which means they may only be able to pursue 80% of their damages.
Some claims adjusters may offer a settlement amount that is lower than the true value of your damages. A Monterey hit-and-run accident attorney can help you seek financial compensation for your injuries and advocate for your interests when dealing with insurance companies.
Laws Related To Hit-And-Run Accidents In California
California Vehicle Code Section 20002 is one of the most important hit-and-run statutes in California. Hit-and-run accidents often occur unexpectedly, particularly hit-and-run accidents that involve only property damage. Hit-and-run drivers are supposed to provide contact information for a damaged automobile to the owner. Yet many hit-and-run drivers simply leave the accident scene after striking an automobile and causing property damage.
California Vehicle Code Section 20002 forbids a person from fleeing an accident scene without providing their contact information when another person’s property is damaged during an accident. California Vehicle Code Section 20001 is a closely related statute that deals with felony hit-and-run in California.
The state of California charges violations of California Vehicle Code Section 20002 as misdemeanors. The sanctions include a maximum six-month term of imprisonment in county jail and a fine of no more than $1,000. These penalties are less severe than those associated with California Vehicle Code Section 20001.
Understanding The Meaning Of “Hit-And-Run” Under California Vehicle Code Section 20002
The state of California must prove the following elements to obtain a conviction under California Vehicle Code Section 20002:
- The responsible party did not uphold their legal duties, including (1) giving the property owner their contact information, including their name and residential address, and (2) stopping at the accident scene immediately after the collision.
- The responsible party had actual knowledge that they were in an automobile accident that caused property damage.
- The automobile accident resulted in physical damage to another person’s personal property or real property.
- The responsible party caused the accident while operating a motor vehicle.
Felony Hit-And-Run Offenses: California Vehicle Code Section 20001
Hit-and-run accidents that result in serious bodily injury or death to a party other than the driver are covered by California Vehicle Code Section 20001. Individuals can be charged with either a felony or a misdemeanor.
Driving Under The Influence Of Alcohol Or Drugs And Causing Bodily Injury: California Vehicle Code Section 23153
A driver may be operating a motor vehicle under the influence of alcohol or drugs and cause an accident resulting in serious bodily injury to another party. Under these circumstances, the driver can be charged with violating California Vehicle Code Section 23153.
Depending on whether the driver has prior convictions for driving under the influence of alcohol or drugs, the offense can be charged as either a felony or a misdemeanor. If a driver is convicted of a third DUI offense, it may be charged as a felony under certain circumstances, though it typically remains a misdemeanor unless aggravating factors are present.
Exhibiting Speed: California Vehicle Code Section 23109(c)
California Vehicle Code Section 23109(c) states the following: “(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing devices. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.”
California Vehicle Code Section 23109(c) may be charged as a misdemeanor and may be pled down from a charge of driving while under the influence if mitigating factors exist.
Hit-And-Run Accidents In Monterey
California Vehicle Code Section 20002 is a serious offense in California. Drivers often damage property in California without notifying the owner or leaving their contact information behind. It can be frustrating to deal with the financial costs that arise from a hit-and-run accident. A personal injury lawyer can help you explore your possible legal avenues for compensation after such an incident.
What Is The Value Of My Hit-And-Run Accident Case?
It can be difficult to estimate how much a particular hit-and-run accident case may be worth. Many different factors influence the value of a hit-and-run accident case. These factors include the causes that led to the accident, the long-term prognosis related to your injuries, the total property damage caused by the accident, and the nature of your bodily injuries.
No two hit-and-run accident cases are exactly alike. A Monterey hit-and-run accident attorney can help you pursue financial compensation for your injuries. The following are some of the types of damages for which you can seek compensation:
- Wrongful death in cases involving fatalities
- Pain and suffering
- Costs for physical therapy sessions
- Lost earnings
- Present and future medical bills
What If The Driver Responsible For My Injuries Is Underinsured Or Uninsured?
If you have underinsured motorist coverage or uninsured motorist coverage, you may be able to seek financial compensation from your own automobile liability insurance policy. California requires automobile insurance companies to offer underinsured motorist and uninsured motorist coverage. However, an insured is not required to obtain this type of coverage.
Unfortunately, many drivers in California lack automobile insurance coverage. This is partly why uninsured motorist coverage is offered to protect them in the event of an accident.
It may be difficult for you to pursue financial compensation from a driver who does not have automobile liability insurance. It is recommended that you speak to a hit-and-run accident attorney to discuss different options regarding your case.
What Do Law Enforcement Agencies Do To Identify And Locate Hit-And-Run Drivers?
Law enforcement agencies have different methods of identifying and locating hit-and-run drivers. The following details are typically helpful to law enforcement officers tracking down a hit-and-run driver:
- An automobile may leave paint marks after striking an object. Under these circumstances, law enforcement officers can use the residue left on a victim’s automobile to identify the vehicle driven by the hit-and-run driver.
- Surveillance video can be obtained from municipalities and local businesses. Intersections often have cameras that record the events at the intersection. Private businesses may have surveillance footage of the accident that law enforcement agencies can use to identify the hit-and-run driver’s automobile. Sometimes the surveillance footage is clear enough that it provides law enforcement officers with a physical description of the hit-and-run driver. Pedestrians also may have recorded the hit-and-run driver on their cell phones or other mobile devices.
- Law enforcement agents will also interview witnesses who may have seen the hit-and-run driver flee the accident scene. Pedestrians, bicyclists, and others may have witnessed the accident and have information relating to the details of the hit-and-run driver’s automobile.
Settlement in motor vehicle accident in a Under Insured Motorist Claim against a ride share company; client suffered spinal injuries– JUDD ROSS ALLEN
What Causes Hit-And-Run Drivers To Flee Accident Scenes?
The majority of hit-and-run drivers flee accident scenes to evade arrest and avoid facing criminal charges. Hit-and-run drivers often do not want law enforcement agencies to identify them or speak to them. The reasons hit-and-run drivers flee accident scenes vary widely and may include fear of legal consequences or personal circumstances. The following are some of the most common reasons hit-and-run drivers have to flee accident scenes:
- The driver may be driving a van or delivery truck for an employer and fears losing their job.
- The driver may have firearms or drugs in their car and flees the accident scene to evade arrest.
- The driver may be driving a stolen vehicle and fears being arrested.
- The driver may flee out of overwhelming fear and anxiety.
- A driver may flee the accident scene because they do not want to be deported.
- The driver has an outstanding arrest warrant and flees the accident scene to avoid being arrested.
- The driver does not have automobile liability insurance or a valid California driver’s license.
- The driver is under the influence of alcohol or drugs and flees the scene of the accident to evade arrest.
Some hit-and-run drivers do not want to accept responsibility for their actions. Unfortunately, some hit-and-run drivers are never identified or located. Victims may feel demoralized after dealing with the aftermath of a hit-and-run accident. However, law enforcement agencies may find promising leads that make it possible to determine who injured you and fled the accident scene.
