Salinas Hit-And-Run Accident Attorneys
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Our Salinas Hit-And-Run Accident Attorneys Offer Legal Representation Rooted In Integrity
California is an incredibly diverse state, and Salinas is one of its most unique cities. The birthplace of American writer John Steinbeck, Salinas is located in Monterey County. Northern California is one of the most beautiful areas in the United States, and Monterey County stands out as a distinctive region in this part of the country. The Salinas River is one of the prominent landmarks that distinguishes Salinas from other cities. The Salinas Valley is less than ten miles from the Pacific Ocean.
Salinas is a great place to live and work, but accidents happen, and drivers, pedestrians, and cyclists may be at risk of suffering injuries during a hit-and-run accident. Two major highways, the 101 and the 183, are the busiest roadways that pass through Salinas. Hit-and-run accidents can cause serious bodily injury and death. Arash Law represents clients who have suffered injuries during hit-and-run accidents in Salinas.
If you were injured in a wreck involving a driver who fled the scene, our Salinas hit-and-run accident attorneys can help you understand your rights and legal options. We offer a free initial consultation to discuss your situation and evaluate if you may have grounds to file a compensation claim. Call Arash Law at (888) 488-1391 for a free case review. Our staff is available to answer your questions online or by phone.
Our client was parked on the side of the road and was struck by the defendant driver traveling at a high rate of speed– ARASH KHORSANDI
Salinas And The Automobile Accident Risks
Salinas is one of the largest agricultural producers in the United States. Agricultural exports make up a significant portion of the economic output in Salinas each year. Countries around the world receive produce from Salinas. However, the amount of shipping that occurs throughout the city means that numerous trucks are traveling on the road at any given time.
Traveling in Salinas can be dangerous if visitors do not carefully navigate through traffic. Large trucks may cause automobile accidents at any time of the day or night. The vehicles transporting produce through Salinas may be too wide for the roads in Salinas. Sport utility vehicles, trucks, and cars are at risk of getting into accidents with the transport vehicles in Salinas.
Personal injuries from automobile accidents can alter the course of your life. You may be unable to do your job even after you recover from your injuries. Also, you may have to miss months of work due to your injuries. You may not know if the other driver has personal automobile liability insurance or if their employer’s insurance policy will cover your medical costs and other expenses. Consulting with a Salinas hit-and-run accident lawyer can help you identify the parties who may be liable for your injuries.
Although Salinas is a small town, it still experiences traffic congestion. Public authorities in Salinas analyze traffic data and accident reports every year. The following intersections were sites of numerous automobile accidents in 2018:
- Sanborn Road and East Alisal Street — 14 accidents
- McKinnon Street and Boronda Road — 15 accidents
- Natividad Road and Boronada Road — 22 accidents
- Natividad Road and East Laurel Drive — 32 accidents
Understanding Hit-And-Run Accidents
Individuals who abandon injured victims at the scene of an accident typically do so to evade arrest. A hit-and-run driver may be under the influence of alcohol or drugs at the time of the accident. Also, individuals driving without a valid license may flee the accident scene.
For victims, a hit-and-run incident can be both traumatic and frustrating. While the urge to confront or pursue a fleeing driver is understandable, doing so can be dangerous. Calling 911 and law enforcement agencies can protect victims from further harm. This also allows the authorities to file a police report and initiate efforts to locate the responsible party. After informing the police, an injured party can be transported to the hospital for immediate medical attention. Taking note of the make, model, and color of the car that fled the accident scene can help law enforcement officers identify the driver.
Under California law, hit-and-run offenses vary in severity. When only property damage occurs, the driver may be charged with a misdemeanor. On the other hand, those who cause serious bodily injury and death can be charged with a felony.
Overview Of California Hit-And-Run Laws
One of the most important provisions regarding hit-and-run accidents in California is California Vehicle Code Section 20002. Drivers in California who strike another vehicle and cause only property damage must leave their contact information on the damaged property. Many drivers may simply leave the damaged property without providing their personal information.
California Vehicle Code Section 20002 requires an individual to remain at the accident scene when another party’s property is damaged. If the damaged property is unattended, the driver must leave their identifying information in a written note placed in a visible location on the damaged item and must also notify local law enforcement.
Anyone who violates California Vehicle Code Section 20002 can be charged with a misdemeanor hit-and-run offense. The possible sanctions include a maximum six-month term of imprisonment and a fine of up to $1,000. California Vehicle Code Section 20001 covers felony hit-and-run accidents. California reserves more severe penalties for felony hit-and-run offenses.
Elements Of A Misdemeanor Hit-And-Run Offense (Property Damage)
The three elements regarding a violation of California Vehicle Code Section 20002 are as follows:
- An individual caused property damage.
- The individual who caused the property damage did not leave identifying information on the property.
- The individual fled the scene of the accident.
What Must Be Proven For A Hit-And-Run Conviction In California
For a conviction under California Vehicle Code Section 20002, the following must typically be shown:
- The individual did not either (a) stop at the accident scene or (b) leave the owner or person who controlled the damaged property their current residential address or name.
- The individual had actual knowledge that they were involved in an accident that caused property damage.
- The accident damaged another party’s property.
- The individual who caused the accident was driving when the accident occurred.
Penalties Related To Violations Of California Vehicle Code Section 20002
Misdemeanor hit-and-run offenses are punishable by a maximum term of six months in county jail and a fine of no more than $1,000. Individuals who are convicted of a hit-and-run offense under California Vehicle Code Section 20002 may also face a three-year term of probation, restitution payments, and two points applied to their motor vehicle report.
Hit-and-Run Offenses Under California Vehicle Code Section 20002 And Possible Defenses
If you’ve been the victim of a hit-and-run, it’s important to understand the defenses drivers may try to use and how an experienced lawyer can counter them to protect your rights.
Common defenses drivers use, and how they can be challenged:
“Only my car was damaged.”
A driver may claim no damage occurred to your vehicle or property. But photographs, repair estimates, and expert evaluations can demonstrate even “minor” impacts caused real losses.
“There was no damage at all.”
Drivers sometimes argue they saw no visible damage. Victims can counter this with inspection reports, medical documentation (in cases of physical injury), or witness testimony showing harm that wasn’t obvious at first glance.
“I didn’t know an accident had happened.”
Some drivers insist they were unaware they struck another vehicle or property. Evidence such as surveillance footage, paint transfers, or statements from bystanders can establish that a reasonable person would have noticed the collision.
By anticipating these defenses, injury victims and their attorneys can prepare their cases for potential disputes from the at-fault party.
Driving Without A Valid License: California Vehicle Code Section 12500
Drivers who do not renew their California driver’s license or acquire a California driver’s license violate California Vehicle Code Section 12500. The individual who violates this code section may be charged with either a misdemeanor or an infraction. Those who are charged with a misdemeanor face the following penalties:
- A term in county jail and a fine.
- A maximum fine of $1,000.
- A term of no more than six months in the county jail.
Individuals who are charged with an infraction face a maximum penalty of a $250 fine.
Driving Without A Valid License And Jury Instructions In California
The state must establish that the individual was not exempt from having a California driver’s license. Also, the state must prove that the individual did not have a valid California driver’s license and that they drove on a California highway.
For example, a driver may not have realized that their driver’s license had expired. Under California law, driving without a valid driver’s license is illegal. As such, the driver may be charged with a misdemeanor or an infraction.
Driving Under The Influence Of Alcohol Or Drugs: California Vehicle Code Section 23152
When drugs or alcohol influence the mental capacity or physical capacity of a driver in California, they may be charged with driving under the influence of alcohol or drugs. Drivers may be charged with a felony or a misdemeanor, depending on the number of previous convictions for driving under the influence of alcohol or drugs.
Drivers who are charged with misdemeanor driving under the influence of alcohol or drugs may face the following penalties:
- Increases in insurance premiums.
- Driver’s license suspension for a minimum of six months.
- Defensive driving classes.
- A monetary fine and additional court fees.
- A term of imprisonment in the county jail for a maximum of one year.
- Probation for three to five years.
Driving Under The Influence: California Jury Instructions
The state must establish that the driver was under the influence of alcohol or drugs (or both) while driving. An employee may have attended an annual holiday party where they consumed alcohol. After the party, the employee chose to drive home and was pulled over for veering out of their lane on the freeway.
Felony Hit-And-Run: California Vehicle Code Section 20001
A party may be charged under California Vehicle Code Section 20001 if they flee an accident scene and do not leave their personal information when another party suffers serious bodily injury or death.
California Vehicle Code Section 20001 may be charged as a felony or a misdemeanor, depending on the facts and circumstances of the hit-and-run accident. If an individual is convicted of a misdemeanor hit-and-run, they may face the following penalties:
- A one-year term of imprisonment in county jail.
- A $1,000 minimum fine or a $10,000 maximum fine.
Individuals convicted of felony hit-and-run may face the following penalties:
- A two-year to a four-year term in a state correctional institution if the accident resulted in serious bodily injury or death.
- Between sixteen months and three years of imprisonment in a state correctional institution.
- A $1,000 minimum fine or a $10,000 maximum fine.
Felony Hit-And-Run: California Jury Instructions
The state bringing a felony hit-and-run case against a defendant must establish beyond a reasonable doubt that the hit-and-run accident caused serious bodily injury or death and that the hit-and-run driver was involved in the accident. The state also needs to prove that the driver had actual knowledge of the serious bodily injury or death. Lastly, the state must prove that the hit-and-run driver did not provide identifying information, did not offer assistance, and did not stop at the accident scene.
Driving Under The Influence With Injury: California Vehicle Code Section 23153
Someone driving under the influence of alcohol or drugs may cause an accident resulting in serious bodily injury. An intoxicated driver who causes injury to another person may be charged under California Vehicle Code Section 23153. An individual may be charged with either a felony or a misdemeanor based on whether the individual has prior DUI offenses. A person who is convicted of a third DUI offense will receive a felony conviction.
Following a felony DUI with injury conviction, an individual will face the following penalties:
- Active and ongoing participation in an alcohol and drug education program for eighteen to thirty months.
- Points assessed on the driver’s California motor vehicle record.
- The state will revoke the driver’s California driver’s license for five years.
- The driver will be deemed a habitual traffic offender for a three-year period.
- A monetary fine ranging from $1,015 to $5,000.
- A three to six-year term of imprisonment in a state correctional institution.
- An extra year of incarceration for each individual who suffered injury, up to three extra years.
- A two-year, three-year, or four-year term of imprisonment in a state correctional institution.
Following a misdemeanor DUI with injury conviction, an individual will face the following penalties:
- Active and ongoing participation in an alcohol and drug education program for three, nine, eighteen, or thirty months.
- Restitution payments to the injured victims.
- A suspension of the driver’s California driver’s license for one to three years.
- A monetary fine from $390 to $5,000.
- A term of imprisonment in county jail ranging from five days to one year.
- A three-year to five-year term of probation.
DUI With Injury: California Jury Instructions
The state must establish that the defendant operated an automobile while intoxicated. Also, the state must prove that the defendant committed an illegal act or failed to uphold a legal duty and caused serious bodily injury to a victim.
A participant at a holiday party may drive home with a passenger after consuming alcoholic beverages. The driver may swerve off the road, strike a tree, and cause serious bodily injury to the passenger.
Speed Exhibition: California Vehicle Code Section 23109(C)
The following is stated in California Vehicle Code Section 23109(c): “(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 twenty miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.”
The state may charge a violation of California Vehicle Code Section 23109(c) as a misdemeanor. The following penalties may be imposed against a convicted defendant:
- The driver’s California driver’s license is suspended for a maximum of six months.
- The driver is ordered to serve forty hours of community service.
- The driver faces a monetary fine and a term of imprisonment.
- The driver is fined no less than $350 but no more than $1,000.
- The driver faces a term of imprisonment in the county jail for no more than 90 days.
Speed Exhibition: California Jury Instructions
The state must establish that the driver operated an automobile at a dangerous rate of speed to show off to other people. Also, the state must prove that the driver purposefully participated in a speed exhibition.
Two individuals may be driving two different automobiles. The individuals may both stop at a red light, but then race down the street when the light turns green.
Hit-and-run offenses are common throughout California. Unfortunately, hit-and-run accidents do occur in the city of Salinas. Understanding the complex laws behind hit-and-run offenses in California can help victims seek financial compensation for their injuries.
What Methods Do Law Enforcement Agencies Use To Identify And Find Hit-And-Run Drivers?
Law enforcement agencies have many different methods for seeking out and identifying hit-and-run drivers. The following types of information are commonly used by law enforcement officers to investigate hit-and-run accidents:
- It is often the case that paint marks will remain on an object struck by a vehicle. These paint marks can assist law enforcement officers in identifying the hit-and-run driver.
- Surveillance cameras are often located in different public spaces. A surveillance camera may have recorded the hit-and-run accident. A local business or property owner may possess the surveillance footage. If the hit-and-run accident was recorded, law enforcement officers could ascertain the hit-and-run driver’s license plate number. Also, surveillance footage may contain an image of the hit-and-run driver, the color of the hit-and-run driver’s vehicle, and the make and model of the hit-and-run driver’s vehicle. Other drivers may have dash cam recordings or cell phone recordings of the hit-and-run accident.
- Law enforcement officers will interview individuals who were present when the hit-and-run accident happened. Individuals who reside in the area, and those who were just passing through on the day of the accident, may all have valuable information that can help law enforcement officers identify the hit-and-run driver.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Common Injuries Suffered By Victims In Hit-And-Run Accidents
The following are some of the common injuries suffered by individuals during hit-and-run accidents:
- Silent Injuries
- Loss of Taste or Smell
- Permanent or Temporary Paralysis
- Neck Injuries
- Limb Loss
- Knee Injuries
- Injuries to Internal Organs
- Wound Infections
- Permanent Scarring
- Disfigurement
- Severe Burns
- Fractured Bones
- Traumatic Brain Injuries
- Spinal Cord Injuries
Identifying Which Parties Are At Fault In Hit-and-Run Accidents
While the driver who flees the scene of a crash is often assumed to be at fault, that is not always the case. Establishing liability in a hit-and-run accident requires a careful investigation, as multiple parties may share responsibility for the collision.
In many cases, the hit-and-run driver is the primary cause of the accident. Drivers often flee the scene to avoid legal consequences, especially if they:
- Lack valid auto insurance.
- Are driving under the influence of drugs or alcohol.
- Have a suspended or expired license.
- Possess outstanding warrants.
- Are driving a stolen vehicle.
Fleeing the scene is a serious offense, but civil liability still depends on proving that the driver’s negligence caused the crash. Identifying and locating this driver is a key step toward holding them accountable.
Other Parties Who May Share Fault In A Hit-And-Run Accident
There are situations where individuals other than the fleeing driver may be partially responsible for the accident:
- Third-Party Negligence — Under California’s limited dram shop laws, a bar or restaurant may be held partially liable in specific cases, such as when they served an obviously intoxicated minor who then caused the crash. In most cases involving adults, however, the intoxicated driver bears full legal responsibility.
- Employer Liability — If the driver was operating a vehicle for work at the time of the accident, their employer may bear responsibility under the legal principle of respondeat superior, particularly if the driver was acting within the scope of employment.
- Shared Fault with Other Drivers — Sometimes, more than one driver contributes to a crash. In these cases, California’s comparative fault system allows damages to be apportioned based on each party’s percentage of fault.
Uninsured motorist (UM) coverage may provide compensation to injured victims when the at-fault hit-and-run driver cannot be identified or located. This coverage can help pay for medical expenses, lost wages, and vehicle repair costs, depending on the terms of the insurance policy. With the help of our Salinas personal injury lawyers, you may be able to pursue compensation from the insurance company or other parties while you focus on healing.
The Types Of Damages Injured Parties Can Claim After A Hit-and-Run Accident
It may be necessary for an injured party to pursue financial compensation to help pay for medical expenses and other costs. In most cases, an injured party seeks monetary compensation from the other driver’s insurance policy. If a driver does not have automobile liability insurance, or if law enforcement agencies cannot identify the driver, the injured party may seek financial compensation from their own insurance company. Under these circumstances, the driver will often have underinsured motorist or uninsured motorist insurance coverage.
Wrongful Death
Surviving family members who lost a family member in a hit-and-run accident may seek financial compensation from the other party’s insurance company. The damages are typically the same types the decedent would have sought if they had lived after the accident.
Lost Earnings And Lost Future Earnings
Individuals who suffer serious bodily injury after a hit-and-run accident may be unable to return to work after the accident. Sometimes, a person can return to work a few months after an accident; others may suffer a temporary disability that prevents them from working. An injured party may be unable to afford their medical bills and other expenses due to their inability to earn an income. Lost earnings are often included as damages in hit-and-run accident cases.
An injured victim may be unable to return to their job after a hit-and-run accident. Individuals who suffer a traumatic brain injury may never work in the future. Others may be unable to perform manual labor due to their injuries. These injured victims may seek lost future earnings as part of their claims.
Pain And Suffering
Individuals may experience unbearable pain and suffering during a hit-and-run accident. Spinal cord injuries, traumatic brain injuries, and amputations may cause injured victims to experience physical pain and emotional distress years after a hit-and-run accident. These victims may be unable to return to their normal lives after an accident. Some individuals may be unable to take part in the hobbies that once gave them pleasure and joy. Oftentimes, the recovery period for a serious bodily injury is painful. Some victims suffer from post-traumatic stress disorder, depression, and anxiety.
Medical Expenses
An injured individual may need to undergo years of medical treatment to recover from injuries caused by a hit-and-run accident. Medical expenses may include physical therapy, surgical procedures, and hospitalization. An individual may also need to add devices to their automobile or home after a hit-and-run accident.
Common Reasons Why Hit-and-Run Accident Claims May Be Delayed Or Denied
Hit-and-run accident claims may not be resolved quickly. Several factors can cause delays or denials, including:
- Low or Premature Settlement Offers — In some cases, initial settlement offers may not fully account for your total medical expenses and other costs associated with your injuries. If you accept the settlement without evaluating whether it reflects the extent of your losses, you may be unable to pursue further financial compensation for your injuries.
- Unidentified At-Fault Driver — If the hit-and-run driver is not identified, the insurance process may stall. It’s also common for payouts for an accident claim to be delayed until the law enforcement investigation ends.
- Disputes Over the Extent of Injury — A claim may be delayed or denied if questions arise regarding the severity or cause of an injury, or if medical documentation is incomplete. In some cases, an independent investigation may be conducted to assess the validity of the reported injuries. This could include reviewing surveillance footage or social media activity to determine whether your physical condition aligns with the information provided. It can also be argued that your injuries arose from another cause and that you were not injured during the hit-and-run accident.
- Challenges to Liability — The insurer or another party may dispute who was responsible for the accident, arguing that the hit-and-run driver was not at fault or that you were partially responsible. In some cases, law enforcement may be unable to identify the driver involved, which can complicate the claims process. Additionally, the other party may contend that there is insufficient evidence linking the defendant to the collision or may argue that your own actions contributed to the incident.
Navigating insurance policies and claim procedures can be overwhelming, especially while recovering from an injury. A hit-and-run attorney can help interpret complex policy language, identify issues that may lead to delays or denials, and handle the preparation and submission of all necessary documentation. They can also communicate directly with insurance companies, challenge any unreasonable denials, and work to pursue appropriate compensation for your damages.
Why Hire A Salinas Hit-And-Run Accident Attorney
Hiring a hit-and-run accident attorney can offer several key advantages:
- Helping an injured victim avoid common mistakes when making a statement on the record.
- Managing communications with insurance companies so the accident victim can focus on recovering from their injuries.
- Advocating for you if your case goes to trial.
- Providing injured victims with legal advice regarding their claims.
- Advising victims on what they should and should not put on social media while their case is active.
An experienced hit-and-run accident lawyer can provide you with valuable legal assistance while you recover from your injuries. Deadlines, filing fees, and other aspects of your case can be handled by your accident attorney. Having legal representation may help facilitate discussions with insurance companies regarding your hit-and-run case.
Why Drivers Flee The Scene In Hit-And-Run Accidents
There are several common reasons why individuals choose to leave the scene after causing a collision:
- Fear of losing employment, especially if driving a company vehicle.
- Possession of illegal drugs, firearms, or other contraband.
- Involvement of a stolen vehicle.
- Panic or emotional distress in the moment.
- Attempting to evade an outstanding arrest warrant.
- Immigration concerns, including fear of deportation.
- Lack of valid auto insurance coverage.
- Driving without a valid California driver’s license.
- Being under the influence of alcohol or drugs.
A hit-and-run accident attorney can investigate the cause of the crash, determine why the driver may have fled, and identify potentially liable parties. They also help pursue compensation through uninsured motorist coverage or third-party claims when the at-fault driver is unknown. Legal guidance can be beneficial when the responsible party remains unidentified or uninsured.
Speak With A Salinas Hit-And-Run Accident Attorney
A hit-and-run collision can leave victims facing serious injuries, uncertainty, and financial stress, especially when the at-fault driver cannot be immediately identified. A hit-and-run lawyer in Salinas can help navigate insurance claims, investigate the incident, and pursue available compensation under the law.
Arash Law has years of experience handling hit-and-run accident cases across California. Call us at (888) 488-1391 to schedule a free initial consultation, where we can discuss your situation and explore your legal options.
Led by Arash Khorsandi, Esq., our team represents clients in Salinas and surrounding cities: Scotts Valley, Morgan Hill, Santa Cruz, Soquel, Capitola, Soledad, Aptos, Gilroy, Hollister, Watsonville, Gonzales, Pacific Grove, Monterey, Seaside, and Marina.
