Monterey Hit-and-Run Accident Attorneys
- Facts and Figures: Hit-and-Run Accidents in the United States
- The Most Important Things to Do After a Hit-and-Run Accident
- Laws Related to Hit-and-Run Accidents in California
- Understanding the Meaning of “Hit-and-Run” Under California Vehicle Code Section 20002
- California Vehicle Code Section 20002 and Defenses to Misdemeanor Hit-and-Run Charges
- Driving Without a Driver’s License: California Vehicle Code Section 12500
- Driving Under the Influence of Alcohol or Drugs: California Vehicle Code Section 23152
- Felony Hit-and-Run Offenses: California Vehicle Code Section 20001
- Driving Under the Influence of Alcohol or Drugs and Causing Bodily Injury: California Vehicle Code Section 23153
- Hit-and-Run Accidents in Monterey
- What Is the Value of My Hit-and-Run Accident Case?
- What Do Law Enforcement Agencies Do to Identify and Locate Hit-and-Run Drivers?
- What Causes Hit-and-Run Drivers to Flee Accident Scenes?
An Aggressive Monterey Hit-and-Run Accident Law Firm with Powerful Attorneys Defending the Injured
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, led by Arash Khorsandi, Esq. offers excellent legal representation if you are searching for reputable Monterey hit-and-run accident attorneys near you.
Being a victim of a hit-and-run driver can be devastating. Not only do you suffer physical injuries, but you 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.
The Most Important Things to Do After a Hit-and-Run Accident
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 both be liable for a portion of the damages suffered by the injured party. California adheres to a system of pure comparative negligence. Under this system, an injured victim may seek financial compensation from a different at-fault party at a lower percentage. A party may have suffered $10,000 in damages in an automobile accident but was twenty percent liable for the accident. This party will have their financial compensation reduced by twenty percent and will receive $8,000 in financial compensation.
Insurance companies may attempt to make an injured party pay a greater percentage of the damages amount. Claims adjusters may try to have you accept a lower settlement amount than you deserve. A knowledgeable Monterey hit-and-run accident attorney can help you seek financial compensation for your injuries and stand up to 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’s 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.
Conduct Regulated Under California Vehicle Code Section 20002
- Damaged the personal property or real property of another person
- The driver did not provide their contact information to other parties involved in the accident
- The driver fled the accident scene after causing the property damage
Understanding the Meaning of “Hit-and-Run” 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.
California Vehicle Code Section 20002 and Penalties
California Vehicle Code Section 20002 and Defenses to Misdemeanor Hit-and-Run Charges
The Driver’s Automobile Was Damaged, But Not the Other Party’s Automobile
The Driver Had No Knowledge That Property Damage Had Occurred
The Driver Had No Knowledge That An Accident Had Occurred
Driving Without a Driver’s License: California Vehicle Code Section 12500
California Vehicle Code Section 12500 applies when a driver does not acquire a California driver’s license or does not renew their California driver’s license. The state can charge a violation of California Vehicle Code Section 12500 as a misdemeanor or an infraction.
- A term of imprisonment in county jail and a monetary fine
- A monetary fine of no more than $1,000
- A term of imprisonment in a county jail not to exceed six months
Driving Without a Valid California Driver’s License: California Jury Instructions
- The defendant must not have had a valid excuse for not having a California driver’s license.
- The defendant did not hold a valid California driver’s license.
- The defendant operated a vehicle on a highway.
Driving Under the Influence of Alcohol or Drugs: California Vehicle Code Section 23152
- Mandatory participation in defensive driving school
- Higher automobile insurance premiums
- A minimum six-month suspension of a defendant’s California driver’s license
- A monetary fine of $390 plus additional court fees
- A term of imprisonment in a county jail of not to exceed one year
- A three to five-year term of probation
Driving Under the Influence of Alcohol or Drugs: California Jury Instructions
The state must establish that the defendant was under the influence of alcohol or drugs, or both, and was driving while intoxicated. A secretary may work late into the night and then stop at a bar on her way home from work. If the secretary consumed enough alcohol, she could be charged with driving under the influence of alcohol or drugs if pulled over while driving home.
Felony Hit-and-Run Offenses: California Vehicle Code Section 20001
- A term of imprisonment in a county jail not to exceed one year
- A monetary fine ranging from $1,000 to $10,000
- A two to four-year term of imprisonment in a state correctional institution if the accident resulted in serious bodily injury or death
- A sixteen-month to a three-year term of imprisonment in a state correctional institution
- A monetary fine ranging from $1,000 to $10,000
Felony Hit-and-Run Offenses: California Jury Instructions
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.
- Mandatory enrollment in an alcohol and drug abuse education program lasting three, nine, eighteen, or thirty months
- Restitution payments for the accident victims
- A one to three-year suspension of the driver’s California driver’s license
- A monetary fine between $390 and $5,000
- A term of imprisonment in the county jail for at least five days, but the term is not to exceed one year
- A three to five-year term of probation
- Points added to the driver’s motor vehicle record in California
- Automatic revocation of the driver’s California driver’s license for five years
- Deemed a habitual traffic offender for three years
- Mandatory participation in a drug and alcohol education program for at least eighteen months but no more than thirty months
- A monetary fine ranging from $1,000 to $5,000
- A three to six-year term of imprisonment in a state correctional institution for serious bodily injury
- An extra year of imprisonment in a state correctional institution for every individual who suffered injuries up to three years
- A two-year, three-year, or four-year term of imprisonment in a state correctional institution
Driving Under the Influence of Alcohol or Drugs and Causing Bodily Injury: California Jury Instructions
Settlement in motor vehicle accident in a Under Insured Motorist Claim against a ride share company; client suffered spinal injuries– JUDD ROSS ALLEN
What If the Driver Responsible for My Injuries Is Underinsured or Uninsured?
It may be difficult for you to collect financial compensation from a driver who does not have automobile liability insurance. It is recommended that you speak to an experienced 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?
- 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.
Exhibiting Speed: California Vehicle Code Section 23109(c)
- Suspension of the driver’s California driver’s license for at least ninety days but no more than six months
- An order to serve forty hours of community service
- A term of imprisonment and a monetary fine
- A fine of at least $355 but no more than $1,000
- A term of imprisonment in county jail for at least twenty-four hours but no more than ninety days
Exhibiting Speed Offense: California Jury Instructions
- The driver operated a vehicle at an unsafe speed in front of others
- The driver intended to exhibit speed and drive at an excessive rate of speed
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 extremely frustrating to deal with the financial costs that arise from a hit-and-run accident. A personal injury lawyer is extremely valuable, as they help you get compensated while you focus on your healing.
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.
- Wrongful death in cases involving fatalities
- Pain and suffering
- Costs for physical therapy sessions
- Lost earnings
- Present and future medical bills
What Causes Hit-and-Run Drivers 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.
Call Arash Law Today to Speak with a Monterey Hit-and-Run Accident Attorney
Being injured in a hit-and-run accident can be a horrifying experience. You may be left at the accident scene with life-threatening injuries. Speaking to an experienced hit-and-run accident attorney from Monterey County can help you understand how to seek financial compensation for your injuries. Created by Arash Khorsandi, Esq., call Arash Law today at (888) 488-1391 to schedule a free consultation during which we can discuss the facts of your hit-and-run accident.
We have decades of experience representing clients in hit-and-run accident cases in California. We have recovered over $500 million for clients throughout California. Our team understands how to negotiate with insurance companies so you can pursue the monetary compensation you deserve. Led by Arash Khorsandi, Esq., Arash Law represents clients in Monterey, as well as these surrounding cities: Morgan Hill, Soledad, Gilroy, Hollister, Scotts Valley, Soquel, Santa Cruz, Capitola, Aptos, Gonzales, Watsonville, Salinas, Marina, Seaside, and Pacific Grove.