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Table of Contents

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

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, 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.

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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

The following are some of the most important things hit-and-run accidents victims can do 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 recover financial compensation through your own automobile liability insurance, particularly if you have uninsured motorist or underinsured motorist coverage. California is an at-fault state, meaning that those who cause automobile accidents are responsible for paying the costs associated with them.

Seek immediate medical treatment

Hit-and-run accidents are extremely 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 will make sure that the hit-and-run accident is 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 skilled hit-and-run accident lawyer can help you have a better understanding of your legal claims.

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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.

Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!

Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.

From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.

I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra

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.

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.

Conduct Regulated Under California Vehicle Code Section 20002

Individuals charged with violating California Vehicle Code Section 20002 have performed the following acts:

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 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.

California Vehicle Code Section 20002 and Penalties

Misdemeanor hit-and-run offenses in California come with a maximum six-month term of imprisonment in county jail and a fine of no more than $1,000. Some defendants may also receive a three-year term of probation, points added to their motor vehicle record in California, and restitution payments for accident victims.

California Vehicle Code Section 20002 and Defenses to Misdemeanor Hit-and-Run Charges

The following defenses are most commonly associated with hit-and-run charges related to violation of California Vehicle Code Section 20002.

The Driver’s Automobile Was Damaged, But Not the Other Party’s Automobile

One common defense to misdemeanor hit-and-run accident charges concerns the fact that only the driver’s automobile was damaged during the accident. A driver may have slightly bumped into another vehicle, but only the driver’s automobile was damaged. Under these circumstances, the driver did not damage another person’s property, and the driver cannot be convicted.

The Driver Had No Knowledge That Property Damage Had Occurred

A driver may have struck an object, such as a fence or another object, and ascertained that no property damage occurred. If the driver had no knowledge of the property damage that was caused by the accident, the state cannot convict the driver of a misdemeanor hit-and-run offense.

The Driver Had No Knowledge That An Accident Had Occurred

The driver did not intend to leave an accident scene if the driver did not have knowledge that an accident had occurred. The state must establish that the driver understood that an automobile accident happened.

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.

If a defendant is convicted of a misdemeanor violation of California Vehicle Code Section 12500, the penalties are as follows:

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

If the state charges a violation of California Vehicle Code Section 12500 as an infraction, the maximum penalty is a fine of no more than $250.

Driving Without a Valid California Driver’s License: California Jury Instructions

The state must prove the following elements to establish that a defendant committed the offense of driving without a valid California driver’s license:

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.

A retiree may have forgotten to renew his California driver’s license. If he is pulled over by a law enforcement officer, the retiree can be charged with the offense of driving without a valid California driver’s license.

Driving Under the Influence of Alcohol or Drugs: California Vehicle Code Section 23152

Driving under the influence of alcohol or drugs is a serious offense in California. Drivers may have been convicted of driving under the influence of alcohol or drugs multiple times. Depending on how many prior convictions a driver possesses, the offense of driving under the influence of alcohol or drugs may be charged as a felony or a misdemeanor.

A driver who is convicted of misdemeanor driving under the influence may face the following penalties:

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.

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Our client was the victim of a rear-end accident who was left injured and severely in pain. Arash Law was able to outshine other injury law firms when he searched online, and thankfully we were able to handle everything for our client from A to Z — All that he had to do was ask and focus on his recovery. Our client’s life has changed forever, and the compensation received for the pain and suffering has opened paths for new lifelong opportunities.

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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. If charged as a misdemeanor, the penalties are as follows:

A term of imprisonment in a county jail not to exceed one year

A monetary fine ranging from $1,000 to $10,000

If the violation is charged as a felony, the defendant faces the following sanctions:

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

The state must establish every element of the offense and prove each element beyond a reasonable doubt to convict a defendant of a felony hit-and-run offense. The state must prove that an automobile accident happened while the individual was driving. The state must also prove that the accident caused serious bodily injury or death. Also, the state must prove that the driver had actual knowledge that serious bodily injury or death had occurred. Lastly, the state has to prove that the driver did not provide contact information, provide assistance, or immediately stop after the accident.

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 is charged as a felony.

If convicted of a misdemeanor DUI with bodily injury, the driver may face the following penalties:

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

If convicted of a felony DUI with bodily injury, the driver may face the following penalties:

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

The state must prove every element of the offense beyond a reasonable doubt to convict the defendant. Therefore, the state must prove that the driver was driving and performed an illegal act or failed to uphold a legal duty and thus caused bodily injury to another party. The state must also prove that the driver was operating an automobile while under the influence of alcohol or drugs.

A driver may be returning a co-worker home after a holiday party. If the driver is intoxicated and runs into a stop sign and causes the passenger bodily injury, the driver can be charged with DUI with bodily injury.

Motor Vehicle Collision

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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. A driver may face the following penalties if convicted of an exhibiting speed offense:

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 state must prove the following elements to convict a defendant of an exhibiting speed offense:

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

A street race late at night containing multiple cars may feature multiple individuals who commit exhibiting speed offenses.

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.

No two hit-and-run accident cases are exactly alike. Speaking with an experienced 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 a driver has underinsured motorist coverage or uninsured motorist coverage, they may have the right to seek financial compensation from their own automobile liability insurance policy. California requires automobile insurance companies to offer underinsured motorist and uninsured motorist coverage. However, an insured does not have to obtain this type of coverage. California does have many drivers who do not have automobile insurance coverage, and drivers are encouraged to have uninsured motorist coverage to protect themselves in case an accident occurs.

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?

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.

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. Hit-and-run drivers are often self-absorbed and reckless. They come from all walks of life, and they do not fit a single demographic. 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.

Most 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 and humiliated after dealing with the aftermath of a hit-and-run accident. However, law enforcement agencies can often find promising leads that make it possible to determine who injured you and fled the accident scene.

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.