San Diego Hit-and-Run Motorcycle Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
San Diego Hit-and-Run Motorcycle Accident Lawyers Helping You Navigate The Legal Process
San Diego is a vibrant American city. Per the 2020 United States Census, the population of San Diego reached 1,386,932, making it the eighth-largest city in the country and the second-largest in the state.
The city is also the county seat of San Diego County, making it the fifth most populous county in the United States, with an estimated population of 3,338,330 people as of 2019. With so many people and a wealth of diversity, this city is rich with several attractions.
Perhaps the most noted attraction of this city is the weather. The climate is warm year-round in all of California, particularly in San Diego. Good weather allows for a more enjoyable experience when touring the city, visiting scenic views, or just driving around.
The city draws thousands of people each year, and many of them make San Diego their home. Although the city has many attractions, the number of people sharing the road makes accidents more likely.
Since the population is so large, thousands of drivers occupy the road daily. Of the registered vehicles, over 800,000 are motorcycles. Motorcyclists must take additional precautions when driving because they are more vulnerable than other vehicle occupants.
The number of motorcyclists and their exposure to other vehicles can lead to severe damage, injuries, and even death. In such an event, knowing what steps to take, including reaching out to San Diego hit-and-run motorcycle accident lawyers to pursue compensation for their losses, is crucial.
For years, the attorneys at Arash Law have handled various types of injury cases in California, including hit-and-run motorcycle accidents. The effects of suffering a hit-and-run motorcycle accident can be daunting and extensive, and our team understands this reality.
The motorcycle hit-and-run accident attorneys at Arash Law dedicate their practice to helping victims navigate the legal process. No matter the case’s complexity, we work hard to help individuals pursue compensation.
You may be able to seek financial compensation for property damage, medical bills, lost income, or future losses related to the accident. If you suffered an injury in a motorcycle accident, contact us at (888) 488-1391 or via our online chat to schedule a free initial case review.
Settlement on the first day of trial against governmental entity for dangerous construction conditions on a local street that caused a motorcycle accident – largest motorcycle settlement in Los Angeles for 2019 – client suffered shoulder injuries– JUDD ROSS ALLEN
Hit-and-Run Definition
The term “hit-and-run” is defined as the driver of a vehicle leaving the scene of an accident without offering assistance, leaving any personal contact information, or contacting the police. Hit-and-run is a chargeable offense. As such, the legal requirement for anyone involved in a car accident is to remain at the scene until things are safe for everyone involved.
California charges hit-and-run offenses under California Vehicle Code sections 20001 and 20002. These sections apply to both misdemeanor and felony hit-and-run accidents. These laws follow the accident’s liable party and consider the severity of sustained injuries and property damage. Additionally, the laws provide severe penalties for these considerations, requiring people to remain at the scene before law enforcement arrives.
Drivers’ Legal Responsibilities
Vehicle Code Sections 20001 and 20002 clearly define requirements for any driver involved in an accident on public roads. California requires a driver involved in an accident to do the following three things if the accident results in severe injuries, property damage, or fatalities:
- The driver should stop their vehicle immediately.
- The driver should then provide their contact information to the other driver, including their name, address, and telephone number.
- The driver should also provide the other parties involved with their vehicle information, including the registration number and driver’s license details.
Each of these steps is necessary to facilitate proper communication between both parties, and if not adhered to, it can result in hit-and-run charges. Failing to stop at the scene of an accident may increase the odds of a hit-and-run conviction.
In California, the type of damaged property does not matter. Any damaged property is legitimate and can carry criminal liability for a hit-and-run accident. For example, a driver has criminal exposure for causing a hit-and-run accident if they hit another person’s car, someone else’s fence, mailbox, or even another person’s dog.
Hit-and-Run Elements
According to Section 20002 of the California Vehicle Code, there are specific elements a prosecutor must show to convict a driver of a misdemeanor hit-and-run offense. The elements of a California misdemeanor hit-and-run are:
- The driver was involved in a road accident while operating a vehicle.
- The crash caused damage to another person’s or business’s property (no matter the type of property).
- The driver knew that the crash caused property damage, bodily injury, or death, or the nature of the collision might have caused substantial damage to someone’s property, or that another person suffered an injury or was killed.
- The driver intentionally failed to stop their vehicle immediately and offer aid and exchange information required by law to the other parties involved in the accident.
A driver intentionally leaves the scene of an accident when they drive away without trying to render aid or give their information. The driver does not need to intend to violate the law or act for selfish gains. The sole act of leaving the scene puts the driver in violation of section 20002 of the California Vehicle Code, resulting in a misdemeanor hit-and-run charge.
Additionally, a hit-and-run offender can still face charges even if they partially fulfill their legal duties. For example, if the driver immediately stopped their vehicle but did not provide their identification details, they can still be charged with a hit-and-run offense. On the other hand, when determining if hit-and-run charges should be applied, the prosecutor will take into consideration if the driver fled the accident but returned to provide their identification details to the parties involved.
California Hit-and-Run Penalties
Under California law, the offender’s criminal history often determines the offender’s penalties. Criminal history plays a factor in deciding if the offender gets a felony or a misdemeanor conviction. California Vehicle Code section 20002 describes the misdemeanor charge and the potential punishments for misdemeanor hit-and-run convictions. If found guilty, the possible penalties for a misdemeanor hit-and-run charge include the following:
- Informal probation for a maximum period of three years.
- Confinement in the county jail for a period not exceeding six months.
- Payment of restitution to the property owner for the value of the property damage caused by the crash.
- A fine of up to $1,000.
- A mandatory two points are added to the license via the California Department of Motor Vehicles.
Seeking Compensation Despite Civil Compromises
In California, a first-time hit-and-run offender whose case includes no aggravating factors (for example, drunk driving) may participate in a civil compromise. Under California Penal Code section 1377, a civil compromise is an option for an injured person in an accident caused by another person. The driver will likely be charged with a misdemeanor offense since no aggravating factors exist. In a civil compromise, the misdemeanor charge gets resolved with a civil settlement. The offender’s misdemeanor hit-and-run charges get dismissed after they pay restitution.
Our hit-and-run motorcycle accident lawyers in San Diego can employ a strategy to acquire the necessary evidence to establish the defendant’s negligence. Our attorneys have the experience and resources required to build your case to pursue the compensation you may be entitled to. We can advocate for your rights and handle the civil claim on your behalf.
Motorcycle Accidents In San Diego
San Diego County has approximately 2,923,189 registered trucks, cars, tractors, and trailers. Per the California Department of Motor Vehicles, only 85,488 registered vehicles are motorcycles. The number of registered motorcycles pales compared to the other registered vehicles. Additionally, motorcyclists suffer from more disadvantages on the road. These combined factors can lead to various types of damage and injuries.
The Berkeley Transportation Injury Mapping System collected information about the following:
- Total motorcycle accidents in San Diego County — 1,109
- Pain complaints — 305
- Total injuries — 1,199
- Visible injuries — 539
- Severe injuries — 222
- Fatalities — 43
Throughout San Diego, there are numerous roads that can be dangerous for motorcyclists. There are several times when dangerous roads may increase traffic, heightening the possibility of an accident. Additionally, some roads can be dangerous due to their lack of visibility, which can be problematic for motorcyclists, as their vehicles are smaller in stature. The small stature makes them more challenging for other drivers to see. This fact, combined with a dangerous road, can seriously threaten many people.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Common Causes Of Hit-and-Run Motorcycle Accidents
Some drivers tend to disregard motorcyclists, but everyone must remember we share the road. Drivers must adequately check their blind spots before changing lanes or entering an intersection. When a driver fails to exercise reasonable care, a motorcyclist can bear the brunt of those actions. Motorcyclists are not protected against crashes by a seatbelt or airbags, so if they get into an accident, the exposure can cause debilitating injuries.
Common causes of hit-and-run motorcycle accidents in San Diego include the following:
- Speeding — Speeding is one of the common causes of motorcycle accidents. Driving too fast, especially in poor weather conditions, can cause one to lose control of the vehicle, hurting themselves or others, and causing significant property damage.
- Distractions — Distractions come in various forms. Whether the distraction is texting while driving, navigating the GPS, or just gazing at the scenery, taking eyes off the road for even a second can end in disaster. Focusing on anything but the road and the surrounding traffic leaves room for an accident.
- Tailgating — Tailgating is when one driver follows another driver too closely. Tailgating means that if the front driver must stop suddenly, there is no room for the driver behind them to avoid crashing into them.
- Ignoring Traffic — Motorcycle accidents often occur when a driver is not paying attention to traffic signs and signals. For example, failure to yield before turning can lead to a dangerous collision, where both drivers involved can sustain severe damage and injuries.
- Driving Under the Influence — A lamentable cause of motorcycle accidents is when someone is driving under the influence of drugs or alcohol. These substances can impair a person’s mental clarity, meaning they are in no position to be driving on the road. Poor decisions can lead to the potential injury or death of someone involved in a DUI accident.
- Road Rage — Some accidents can be caused by a driver becoming too angry while driving. Yelling, cursing, or making gestures are distractions that can cause the driver to ignore traffic and remove their hands from the steering wheel. Aggressive driving can lead to serious traffic accidents.
- Product Recall — Recalls occur because of a defective part of a vehicle. Every manufacturer who constructs motorcycle parts must meet industry standards to protect the driver from possible harm due to a product defect. A defective part can cause the motorcyclist to lose control of the vehicle and sustain serious injuries.
These are just a few causes that can lead to motorcycle accidents. It is essential to be aware of these things, as the victim has the right to file a claim against the liable party for any losses that result from the accident. You may have sustained a life-altering injury in a hit-and-run motorcycle accident and may be eligible for compensation for your losses. Experienced San Diego hit-and-run motorcycle accident lawyers can help you seek compensation after a crash.
Commonly Sustained Injuries
The above causes of motorcycle accidents can cause severe injuries. Even when motorcyclists wear protective gear such as helmets, arm and knee pads, gloves, etc., the accident can be so catastrophic that protective gear is rendered useless, and motorcyclists suffer serious injuries. Below are some of the common injuries that motorcyclists suffer in hit-and-run accidents.
- Broken Bones — Broken bones or fractures often occur when a motorcyclist collides with another vehicle and gets ejected from the motorcycle. The force of the impact can cause the motorcyclist to crash onto the road, into oncoming traffic, or into the brush surrounding the road.
- Road Rash — Road rash happens when a motorcyclist slides across the road. A motorcyclist typically sustains this on hands, arms, knees, or legs, which can lead to infection if not treated correctly.
- Spinal Cord Injuries — Motorcycle drivers do not have much protection on their backs. Due to this, spinal cord injuries can occur, resulting in more extensive injuries such as paralysis.
- Internal Organ Injuries and Internal Bleeding — Internal bleeding and organ damage can sometimes result from an accident. It is critical to seek immediate medical treatment after an accident to determine whether you have internal bleeding or organ damage.
- Brain Injuries — All motorcycle drivers are required to wear a helmet. Helmets offer some protection against skull fractures, concussions, and other forms of head and brain injury. Despite their benefits, a helmet cannot be enough protection for someone in severe accidents. These accidents can lead to various brain-related injuries, such as swelling or concussions.
Damages You Can Seek After A Hit-and-Run Motorcycle Accident
Every motorcycle accident has unique circumstances; the damages depend upon these circumstances. Generally, the amount a passenger may pursue compensation for depends upon the extent of the damages sustained from the accident. Specifically, as an injured victim, here are a few of the contributing factors that may determine the potential case value:
Economic Damages
Economic damages are typically easy to identify and account for. An accident victim may seek compensation for these losses if another motorist causes an accident. Consult the experienced hit-and-run motorcycle accident attorneys in San Diego to discuss your options.
Examples of economic damages include the following:
- Lost Income — Lost income refers to the amount of money lost from being unable to work due to injuries sustained after an accident. An injured person may be entitled to current and future lost income and lost earning capacity. Lost earning capacity is an employee’s inability to return to the same industry or work at the same rate as before the accident.
- Medical Fees — A victim may be able to seek compensation for both current and future medical expenses related to the motorcycle accident. It is essential to consult with a San Diego hit-and-run motorcycle accident lawyer before accepting a potential settlement offer. Some insurance companies may not be able to assess your actual losses, especially if you haven’t completed your medical treatment. It is unwise to settle before you know the extent of your injuries.
Non-Economic Damages
These damages are usually more abstract and more difficult to account for. These refer to abstract losses, including pain and suffering and loss of consortium, for example. An attorney can help you identify and calculate them.
Punitive Damages
Punitive damages do not compensate the victim. Courts award punitive damages to plaintiffs as punishment to the defendant and to prevent similar acts in the future. However, these are rarely awarded and only in cases involving malice or extreme negligence. Your hit-and-run motorcycle accident lawyer can help you determine whether your case qualifies for punitive damages.
Steps Following A Hit-and-Run Motorcycle Accident
A motorcycle accident can be very tragic, scary, and life-altering. Knowing the subsequent steps to take can be challenging. An experienced motorcycle hit-and-run attorney can help you determine your possible legal options based on the facts of your case. However, shortly following an accident, there are general actions one can take:
- Get Out of Harm’s Way — One important thing following a hit-and-run motorcycle accident is to get out of the way of any danger. It will help if you move away from traffic to avoid more damage being caused to other drivers and yourself.
- Move the Motorcycle — The driver should move their vehicle if they can.
- Contact Law Enforcement — Contacting the authorities is essential, as they will arrive to gather witness statements and write a police report.
- Take Pictures — Take pictures of the accident scene and any damage to the motorcycle.
- Obtain a Copy of the Police Report — Obtaining a copy of the official police report is important for the legal process when assessing liability.
Wrongful Death
Perhaps the tragic part of any hit-and-run motorcycle accident is when it results in the death of an involved party. If such a tragedy occurs, the loved ones of the deceased victim can seek compensation from the liable party’s insurance company. While a judgment or settlement can never replace losing a dear loved one, financial compensation may help the deceased’s surviving family members.
Wrongful death cases can be particularly complex and nuanced. Consulting San Diego motorcycle hit-and-run accident lawyers can help the victim’s family understand the legal process. The attorney can help the family pursue the compensation they need to relieve any financial burdens that may surface from the accident.
The benefit of hiring a hit-and-run motorcycle accident attorney is that they can assist you in recovering any evidence that is necessary for the case. Many attorneys will even conduct an independent investigation, gathering eyewitness statements and requesting that they testify at the potential court trial.
Benefits Of Hiring A Motorcycle Hit-and-Run Accident Attorney
They Have Experience
A motorcycle hit-and-run accident attorney has experience handling the various facets of a hit-and-run accident case. Their experience handling the legal, insurance, and healthcare systems can help victims seek the compensation they may need. The lawyer possesses a thorough understanding of the legal matters related to a hit-and-run motorcycle accident case.
They Can Manage Some Of The Stress
The main concern of any hit-and-run motorcycle accident victim is to get better physically while seeking compensation. The rehabilitation can be stressful enough, so a lawyer can manage the case on their behalf by helping them handle the necessary legal documents and communicate with the involved parties, among other forms of support.
They Can Help With The Claim
A victim of a hit-and-run motorcycle accident caused by negligence can file a claim for the damages they suffered. An attorney can assess the value of a victim’s claim and help them identify potential coverages. In some cases, San Diego hit-and-run motorcycle accident lawyers may take the case to court to pursue compensation if a potential settlement offer is inadequate for the victim’s losses.
They Can Help In Accessing Medical Treatment
Motorcycle hit-and-run attorneys typically have a network of medical field contacts. Attorneys will not offer medical advice or medicine recommendations. Still, their contacts do understand the mental, physical, and emotional effects that a victim bears, so they can recommend physicians and therapists to aid the victim in recovering.
Free Initial Case Consultation
When someone is involved in a hit-and-run motorcycle accident, whether or not they suffered an injury, they can seek a free initial consultation. This consultation will typically consist of reviewing the relevant documents, pictures, and statements to help start the individual in the right direction. Additionally, the consultee will have the opportunity to ask the attorney any questions about the case. The consultation will involve the lawyer providing the consultee with a case review to evaluate the validity of their case.
Consider the following actions in preparation for the session:
- Save the Relevant Correspondence — Suppose a claim adjuster reaches out to the accident victim via letter, email, or phone. In that case, it is vital that the victim saves the correspondence and consider consulting a legal professional before responding. Communicating with the opposing party before speaking to the lawyer may result in certain issues. If a recorded statement has already happened, the victim should bring that to the consultation.
- Compile All Evidence — The victim can also collect all evidence from the accident before the consultation. This evidence should be able to establish liability and damages for your case. This evidence may include the following:
- Photographs of the scene of the accident
- The official police report
- Statements from any witnesses
- Medical records
- Invoices for injury-related expenses
- Write a Personal Injury Journal — It is beneficial for the victim to keep a personal journal of their injuries to keep track of the events that happen following the accident. Documenting your injuries can assist your lawyer during the consultation, especially when evaluating the impact of your injuries. Tasks that become difficult after a motorcycle accident include being unable to perform household chores, participate in hobbies, or endure pain.
Contact Our Experienced San Diego Hit-and-Run Motorcycle Accident Lawyers!
At Arash Law, our hit-and-run motorcycle accident lawyers have managed various injury cases throughout California. In addition to San Diego, we serve victims in the surrounding areas of Rancho San Diego, Lakeside, La Presa, Chula Vista, Coronado, National City, Bostonia, El Cajon, Lemon Grove, Bonita, Santee, and Spring Valley.
A motorcycle accident can be unexpected, tragic, and life-altering. These accidents can lead to property damage, injuries, disabilities, and even fatalities. If you suffered injuries in a hit-and-run motorcycle accident, reach out to us. Our San Diego hit-and-run motorcycle accident attorneys have years of experience handling injury cases, and we want to help you.
Let San Diego motorcycle accident lawyers take care of the negotiations and guide you through the legal process. At Arash Law, we are committed to helping you concentrate on healing as we manage your case. Call us at (888) 488-1391, or chat with us to schedule a consultation.
Latest Traffic Reports in California
