San Jose Hit-and-Run Accident Attorneys
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Focused Legal Representation From Our San Jose Hit-and-Run Accident Attorneys
San Jose is a beautiful city with many business, financial, and political opportunities. With a thriving culture, San Jose is a fantastic place to live. Despite the great things that San Jose has to offer, hit-and-run accidents can still happen here. The large population of San Jose makes it one of the most densely populated cities in the United States. With a high volume of traffic, accidents, including those involving drivers fleeing the scene, are likely to occur. If you’ve been a victim of a hit-and-run accident, our San Jose hit-and-run accident lawyers can help you identify possible options for pursuing compensation for your accident-related injuries and losses.
Our San Jose hit-and-run accident attorneys at Arash Law are ready to help. Contact us at (888) 488-1391 to schedule a free case evaluation.
What Is A Hit-and-Run Accident?
A hit-and-run accident is a type of traffic crash where one driver (usually the responsible driver) fails to stop after causing an accident. Leaving the scene of an accident is a crime in California, and the responsible driver may face misdemeanor or felony charges for any damages caused. If a driver gets into an accident, California law requires them to take the following steps:
- Immediately stop the vehicle at the next safest location to avoid blocking traffic or causing another accident.
- Exit the vehicle and speak to the other driver.
- The drivers should exchange contact information, including names and addresses. Be sure to ask the driver if they own the vehicle, since they may not be the owner. Get the owner’s name and address if the driver does not own the vehicle.
Belanger v. City of Simi Valley (settled on 4/13/2021) – settlement in a case involving a client who was hit by a vehicle while working as a crossing guard resulting in orthopedic injuries as well as a traumatic brain injury.– Tina Eshghieh
Why Do Drivers Flee The Scene of An Accident?
Hit-and-run drivers report various reasons for leaving the scene of an accident. No matter the reason, there are consequences for doing so. The following are common reasons why drivers leave the scene of an accident.
Fear Of The Risk Of Higher Insurance Premiums
The fear that their insurance premiums will increase after an accident leads some drivers to flee the scene of an accident. The potential financial liability is a reality after every car accident. If a driver is found liable for the accident, insurance rates may increase depending on the severity of property damage or injuries involved.
They Violated Another Traffic Law
Under California law, leaving the scene of an accident is a crime that may be charged as a misdemeanor or a felony. However, hit-and-run drivers may be guilty of several related offenses that motivate them to leave the scene of an accident. For example, California law requires every driver to have a valid state license. State law also requires that every driver carry minimum automobile insurance coverage. A hit-and-run driver may leave the scene of an accident if they know they have violated other traffic laws because they might think the consequences are less severe.
The Driver Panics
After an accident, some drivers panic, causing them to leave the scene of the accident. A driver may panic for many reasons. For example, the driver may be under the influence of drugs or alcohol and might want to conceal that fact. Regardless of why the driver panics, they should not flee the scene. Refusing to face the consequences of a hit-and-run accident typically results in more serious outcomes for the driver.
The Driver Does Not Realize That An Accident Happened
Sometimes a driver may get into an accident and not realize it happened. For example, a driver traveling at night may believe they struck an animal and continue driving, when in fact they have hit a person. The driver may think there was debris in the road. They may not think that they caused an accident. Regardless of whether the hit-and-run driver realized that they caused an accident or not, leaving the scene of an accident still has legal consequences.
If you’ve been hit and injured by such a driver, you can speak to our San Jose hit-and-run accident attorneys to learn about your options for seeking compensation according to California law.
What Should I Do After Getting Into A Hit-and-Run Accident?
If you get into a hit-and-run accident in San Jose, it is important to take steps to protect your physical health and your legal rights, such as:
- Seek Medical Attention — After a hit-and-run accident, adrenaline can mask symptoms of injury. Some injuries, like internal bleeding or concussions, may not be immediately apparent. Getting evaluated by a medical professional can help identify and document them before they worsen. Prompt medical care is important for both your health and for establishing a connection between the accident and your injuries.
- Call the Police — California law requires drivers to report a car accident to the police as soon as possible. Call the police after a car accident before your memory of the incident fades. Tell the 911 dispatcher everything you saw to preserve every detail about the hit-and-run driver you remember. Let them know the make, model, license plate number, vehicle color, the direction the driver was heading, and any other details you can remember. Also, if you call 911, first responders will arrive to assist you at the scene, including police, fire, and paramedics.
- Call Our San Jose Hit-and-Run Accident Attorneys — Hit-and-run accidents often present unique challenges compared to other car crashes, making the process of seeking compensation more complex. Our San Jose hit-and-run accident lawyers have experience guiding clients through these situations and helping them pursue compensation based on their injuries and losses.
How Can I Help The Police After A Hit-and-Run Accident?
Follow up with the police and ask about the progress of the investigation. You can request a review of the police report and ask the police about any evidence they gathered when you reported the hit-and-run accident. It becomes more difficult to identify hit-and-run drivers as more time passes after the accident. Our San Jose hit-and-run accident lawyers can assist you in contacting the police and obtaining information to track the progress of your case.
If you have any of the following information, provide it to the police immediately:
- Tell the police the direction from which the hit-and-run driver came. This information may give the police a starting point as they begin investigating and looking for witnesses.
- The direction the hit-and-run driver was heading. This information may help the police narrow the parameters of their search for the driver.
- The police need to know the color, make, and model of the hit-and-run driver’s car. If you caught the year and the license plate number, that information could be useful for the police, too.
- Let the police know the paint color of your car. If your car is a different color from the hit-and-run driver’s vehicle, there may be a clue about the color of the car if you were unable to see the hit-and-run driver’s vehicle because they were traveling too fast or the accident happened at night.
- Tell the police which part of your car or your body the hit-and-run driver struck if you were a pedestrian.
- Give the police any additional information you remember about the hit-and-run driver and the accident. Even if you think the information may be irrelevant, disclose all the information that you have.
Common Types Of Compensation Available In Hit-and-Run Accidents
In California, the law allows a car accident victim to pursue three categories of damages, which are general, special, and punitive damages.
General Damages
General damages are non-economic damages. An example of non-economic damages includes pain and suffering. These are intangible and are not usually easy to prove. General damages are usually proven through testimony. Your attorney may want to speak with your family, friends, and co-workers to know how the accident has impacted your life.
Examples of general damages include:
- Pain and suffering
- Loss of enjoyment of life.
- Loss of companionship
- Loss of consortium
- Inconvenience
- Emotional distress and trauma.
Special Damages
Special damages are economic damages. Economic damages are apparent, easily calculable, and usually proven through tangible evidence. If you get into a hit-and-run accident, you may be eligible to seek special damages, including:
- Current medical bills.
- The cost of future medical treatment.
- Current lost wages.
- Future lost wages and lost earning capacity.
- Loss of business opportunities.
- Cost of repairs to your property.
- The cost of hiring help to complete domestic services like cooking, cleaning, childcare, pet care, etc.
Punitive Damages
Courts award punitive damages in rare cases to punish a defendant for conduct that is extremely negligent or recklessly indifferent, with the goal of deterring similar behavior in the future. The availability of punitive damages depends on state law. In California, punitive damages are available to people injured in car accident cases.
Common Types of Injuries Caused By Hit-and-Run Accidents
Building a negligence case can be complex and may involve legal research, interviews with expert witnesses, and the collection of detailed evidence. Pursuing a claim often entails navigating challenges, such as liability disputes.
Whiplash And Other Neck Injuries
Whiplash is among the most common neck injuries caused by a car accident. Whiplash happens when your neck is quickly pushed forward and then violently forced back. The effects of whiplash could last for years. If you have whiplash after an accident, you may have a reduced range of motion in your neck, pain when you drive or sit for long periods, and trouble sleeping. Other neck injuries that are common after car accidents include pinched nerves, spinal fractures, stiff muscles, stiff tendons, and a fractured cervical spine.
Back Injuries
The effects of a back injury might cause you to suffer from chronic pain, lose sleep, and make walking difficult. You may even need surgery, depending on the severity of your condition.
TBI And Other Head Injuries
These kinds of injuries can be apparent, but sometimes symptoms may not show up for weeks or months. Examples of head injuries include:
- Traumatic Brain Injuries (TBIs) — TBIs are categorized as mild, moderate, or severe, depending on the degree of the injury sustained. A TBI is a serious medical condition that requires professional medical treatment.
- Concussion — A heavy blow to the head may cause a concussion. A concussion could negatively affect your brain function and memory. For example, it might cause you to develop a stutter or another speech impediment.
- Intracranial Hematoma — A hematoma is a pool of blood inside the patient’s skull. Hematomas are caused by a blow to the head. This condition is life-threatening and requires immediate medical attention.
- Contusion — A contusion is a bruise to the brain. Contusions can cause brain swelling or bleeding, both of which may be life-threatening.
Fractures
There are various types of fractures that a car accident may cause, including fractures to the skull, ribs, pelvis, extremities, etc. You may not experience the effects of fractures for many years after the crash.
Facial Injuries
Facial injuries can damage your nasal cavity, skin, eyes, jawbone, teeth, etc. In addition to physical injuries, facial injuries might cause emotional trauma and embarrassment, which may be considered for a claim for pain and suffering.
Paralysis
Paralysis is a medical condition in which you become unable to move one or more parts of your body. The impact of a car crash can potentially leave you paralyzed if it injures your spinal cord. Paralysis can progress slowly with the loss of function bit by bit, or you may suffer an injury in a car crash that leaves you paralyzed immediately.
Death
If you or a loved one dies in a hit-and-run accident, the surviving family members may have a claim for wrongful death. Each state has its own wrongful death laws. California permits certain family members to bring a wrongful death lawsuit.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Who Will Pay My Damages If The Driver Is Not Found?
Who pays for damages after a hit-and-run accident depends on several factors. Typically, if the responsible driver is identified, their insurance company pays for the victim’s injuries and property damages. In cases where the driver is not found, payment may depend on whether the accident occurred in a no-fault or at-fault state, as well as the victim’s own insurance coverage. Uninsured motorist coverage may also be an option in some cases. Our San Jose hit-and-run accident lawyers can investigate your case and discuss other potential avenues for seeking compensation.
What Is The Difference Between At-Fault And Not At-Fault?
Most states across the country, including California, are at-fault states. At-fault means the driver who caused the accident is responsible for paying for the injured person’s damages, including general, special, and punitive damages, if awarded.
No-fault states are different. In a no-fault state, drivers carry automobile insurance to pay for their injuries and damages rather than anticipating paying for another driver’s injuries. Insurance policies in no-fault states usually include a personal injury protection (PIP) provision, allowing drivers to file a claim with their own insurance company for medical expenses and related costs after an accident, regardless of fault. Property damage is typically handled separately, often through property damage liability or collision coverage.
Will My Insurance Policy Cover Damages From A Hit-and-Run Driver?
If the hit-and-run driver is not found, you may not be able to pursue compensation from their insurance. However, if you have uninsured motorist coverage, your own insurer may help cover your losses. Without this coverage, your options for seeking damages may be limited, and you might need to rely on other parts of your policy, such as collision coverage for property damage. Our San Jose hit-and-run accident lawyers can review your policy and explain what may apply to your case.
How Can I Get My Car Fixed?
If you have uninsured motorist coverage, your insurance policy may help cover your injuries if you are injured in a hit-and-run accident or are hit by a driver without insurance. However, UM coverage typically applies to bodily injuries, not car repairs. For vehicle damage, you may need uninsured motorist property damage coverage or collision coverage, depending on your policy and state regulations.
What Does Uninsured Or Underinsured Insurance Cover?
In addition to uninsured motorist coverage, you can carry underinsured motorist coverage. Underinsured motorist coverage supplements payment for your damages if the driver who hit you did not have adequate or enough insurance coverage to pay for all your injuries and damages that they caused.
Examples of what your uninsured or underinsured motorist insurance policies may cover are the following:
- The cost of repairs for your vehicle.
- Current and future medical costs.
- Current and future lost wages and lost earning capacity.
- The reasonable cost of hiring a person or service to complete household duties like cooking and cleaning.
- The cost of hiring someone to run errands, such as getting groceries or taking care of pets.
- Paying for childcare if your injuries make it impossible for you to complete these tasks.
The amount of damages that could be covered by uninsured or underinsured insurance depends on the terms of your policy. Your attorney can speak to your insurance provider on your behalf after a hit-and-run accident.
You must file a claim with your insurance company if you want to use uninsured motorist or underinsured motorist coverage. San Jose hit-and-run accident attorneys can assist you as you file your uninsured or underinsured motorist claim.
How Long Does My Insurance Company Give Me To File An Uninsured Or Underinsured Motorist Claim?
You must file a claim with your insurance company immediately after the accident. Delays in reporting may affect the outcome of your claim. If you intend to file a personal injury lawsuit, California law allows two years from the date of the accident to file a lawsuit.
How Can Our San Jose Hit-And-Run Accident Attorneys Help You?
Hit-and-run accident cases often involve unique challenges, and working with an attorney familiar with hit-and-run claims can help address the specific issues involved. Here are some ways our San Jose hit-and-run accident attorneys can help you with your case.
- Identify the Hit-and-Run Driver — Our attorneys work to help identify the responsible driver. In attempting to locate a hit-and-run driver, we may pursue leads such as eyewitness accounts, traffic camera footage, surveillance videos, and other available information.
- Work with Law Enforcement — Hit-and-run accidents can result in both civil and criminal consequences. If the case remains open, we coordinate with law enforcement as needed. San Jose hit-and-run accident lawyers work to help you build a well-supported case.
- File an Uninsured Motorist Claim — You may be able to file an uninsured motorist claim through your insurance after a hit-and-run accident. Uninsured motorist insurance is used when the other driver is unidentified or if the driver doesn’t have car insurance coverage. Our team can help you file an uninsured motorist claim with your insurance company.
- Find Other Potentially Responsible Parties — The hit-and-run driver may not be the only party who could be held responsible. In hit-and-run cases, it is important to consider all possible sources of liability, as you may be able to pursue compensation from other parties even if the driver is not identified.
Contact Our San Jose Hit-and-Run Attorneys At Arash Law
Our San Jose hit-and-run accident attorneys at Arash Law are committed to helping you seek accountability for your damages after a crash. We have years of experience pursuing compensation on behalf of our clients in a wide variety of personal injury cases. Our team could similarly advocate for your rights against those responsible for your injuries.
We also offer our services to other areas nearby and throughout California, including Stanford, Palo Alto, Newark, Fremont, Los Altos, Los Altos Hills, Mountain View, Saratoga, Sunnyvale, Los Gatos, Cupertino, Milpitas, East Foothills, Campbell, and Santa Clara. Contact us at (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule a free, no-obligation case evaluation.
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