San Jose Hit-and-Run Accident Attorneys
- What Is a Hit-and-Run Accident?
- What Should I Do After Getting into a Hit-and-Run Accident?
- Call a San Jose Hit-and-Run Accident Attorney
- How Can I Help the Police After a Hit-and-Run Accident?
- Common Types of Compensation Available in Hit-and-Run Accidents?
- Common Types of Injuries Caused by Hit-and-Run Accidents
- How Can a San Jose Hit-and-Run Lawyer Help Me?
Powerful Lawyers Defending the Injured in Hit-and-Run Accident Cases
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, unfortunately, happen a lot. The population of San Jose tops one million people, making it one of the most densely populated cities in the United States. Because of the large population, traffic accidents that involve drivers fleeing the scene are frequent. If you’ve been a victim of a hit-and-run accident, it’s important to seek legal assistance from San Jose hit-and-run accident lawyers who can help you obtain compensation for damages and injuries.
If you were involved in a hit-and-run accident, you might face an uphill battle to get the compensation you deserve. The San Jose hit-and-run accident attorneys at Arash Law, founded by famous attorney Arash Khorsandi, Esq., are here to help. Contact us at (888) 488-1391 or via our online form 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 that the driver gives, the consequences are always worse if they leave the scene after causing an accident. What follows are common reasons that drivers leave the scene of an accident.
The Driver Fears 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, increased insurance rates are almost guaranteed. The more severe the property damage or physical injuries caused by the accident, the higher the responsible driver’s insurance rates will increase.
The Driver 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 carries 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
The Driver Does Not Realize an Accident Happened
Sometimes a driver may get into an accident and not realize it happened. For example, if a driver is traveling at night and they may think that they hit an animal and continue driving, but they actually 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, and you should speak to San Jose hit-and-run accident attorneys to learn about your options for recovering compensation for your damages.
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 key that you take steps to protect your physical health and your legal rights. In a hit-and-run accident, it is critical that you make the correct moves so the odds of catching the hit-and-run driver increase. The following are some suggestions you can take after a car accident to increase your chances of a successful outcome when you pursue compensation after a hit-and-run accident.
Go to the Emergency Room
Always go to the emergency room after a car accident and get medical treatment. After the impact of a hit-and-run crash, your adrenaline is pumping, probably so hard that it may be masking a severe injury. Some injuries cannot be known unless you get examined by a medical professional (i.e., internal bleeding or a concussion). Once you leave the emergency department, make sure to follow up with your primary care physician and let them give you a physical examination. Getting immediate medical care is important for your well-being and for your case as well. The sooner you get medical treatment, the easier it is to make the case that the crash caused your injuries and not another event.
Call the Police
California law requires drivers to report a car accident to the police as soon as possible. You should always call the police after a car accident immediately. You should call 911 after a hit-and-run accident before your memory fades. Tell the 911 dispatcher everything you saw to preserve every detail about the hit-and-run driver you remember. Let 911 know the make, model, license plate number, vehicle color, the direction the driver was heading, and any other details you can remember. The more information you provide to the police, the higher the likelihood the police will find the hit-and-run driver. Also, if you call 911, first responders will automatically arrive to assist you at the scene, including police, fire, and paramedics.
Call our San Jose Hit-and-Run Accident Attorneys
You need legal advice after a car accident. Hit-and-run accidents are more complex than run-of-the-mill car crashes. You will face an uphill battle trying to collect compensation after a hit-and-run crash. In these situations, you can benefit from the experience and knowledge of our San Jose hit-and-run accident lawyers.
How Can I Help the Police After a Hit-and-Run Accident?
You need to stay on top of the police investigation. Make sure that you follow up with the police and ask about the progress of the investigation. You can ask to review the police report and ask the police about any evidence they gathered when you reported the hit-and-run accident. Do not delay. Hit-and-run drivers get harder to identify the more time that passes after the accident. Accident lawyers with experience winning hit-and-run accidents can help you contact the police and get the information you need to ensure your case is progressing at a steady pace.
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 incredibly useful for the police, too.
- Make sure the police know the paint color of your car. If your car is a different color than 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 other 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 recover three categories of damages. The damages you can recover if you are in a hit-and-run accident in California are general, special, and punitive damages.
General Damages
General damages are non-economic damages. An example of non-economic damages includes pain and suffering. General damages are intangible and are not usually easy to prove. General damages are usually proven through testimony. Your attorney will probably want to speak to your family, friends, and co-workers to prepare them to be your witnesses because they know how you have changed since the accident.
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 are entitled to recover for your damages. Special damages can include:
- 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 property
- The cost of hiring help to complete domestic services like cooking, cleaning, childcare, pet care, etc.
Punitive Damages
Courts award punitive damages in extraordinary circumstances. These damages “punish” a defendant for some wildly outrageous conduct that was so outside of the bounds of reasonableness that the compels the court to ensure that the defendant, and no other person or entity, acts in a similar manner again. The availability of punitive damages depends on the state. In California, punitive damages are available to people injured in car accident cases.
Common Types of Injuries Caused by Hit-and-Run Accidents
You need an attorney to help you build your case. Although it may seem simple, a negligence case has many ups and downs and may require extensive legal research, interviews with expert witnesses, and other complicated research to have a successful claim. Remember, no person or company wants to give up their money or resources, so a fight for your recovery is expected.
Whiplash and Other Neck Injuries
Whiplash is the most common neck injury caused by a car accident. Whiplash happens when your neck is quickly pushed forward and then violently forced back. The effects of whiplash can 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 can cause you to suffer from chronic pain, lose sleep, and walking can become difficult. You may even need surgery, depending on the severity of your condition.
TBI and Other Head Injuries
You should always seek medical attention after you get into a car accident, but getting immediate medical care is crucial if you have a head injury or TBI. 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 causes concussions. A concussion can negatively affect your brain function and memory and can 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, which are both 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 can cause emotional trauma and embarrassment, which may be the foundation 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 leave you paralyzed. 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 your damages after a hit-and-run accident depends on several factors. Typically, the responsible driver’s insurance company pays for the victim’s injuries and property damages. In any case, who pays for the injuries depends on whether the accident occurred in a no-fault or at-fault state and if the hit-and-run driver was identified.
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 all the injured person’s damages, including general, special, and punitive 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 provision that ensures the driver can file a claim with their insurance company and have their property damages, cost of medical care, etc., paid after an accident.
Will My Insurance Policy Cover Damages from a Hit-and-Run Driver?
It is reasonable to ask what can happen if the police never find the hit-and-run driver. Unfortunately, if the hit-and-run driver is not found, you cannot rely on their car insurance to recover your damages. However, you can have your insurance company pay for your losses if you have uninsured motorist insurance.
How Can I Get My Car Fixed?
If you have uninsured motorist coverage, you can rely on your insurance policy to pay for your damages after a hit-and-run accident. Uninsured motorist insurance protects you if you get hit by a driver who does not have insurance or by a driver that you cannot locate after the accident.
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 that 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, like getting groceries or pet care.
- The reasonable cost of paying for childcare if your injuries make it impossible for you to complete these tasks.
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 should file a claim with your insurance company immediately after the accident. Your insurance company may use any delay in reporting an accident as proof that your injuries are illegitimate. If you intend to file a personal injury lawsuit, time is of the essence. 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?
You should carefully consider the experience of your lawyer when choosing someone to represent your interests following a hit-and-run accident. Those injured in hit-and-run accidents face unique challenges. Most people that get into a hit-and-run accident need the help of an attorney who can put them in the best position for a successful outcome. Here are some practical ways San Jose hit-and-run accident attorneys can help you with your case.
Identify the Hit-and-Run Driver
San Jose hit-and-run accident attorneys will focus on finding the driver who caused your injuries. It is likely that the police investigation will fizzle out if finding the hit-and-run driver proves too difficult if an accident did not result in a fatality. Having an attorney guarantees that you have an advocate consistently working for you to identify the responsible party. As your attorney tries to find the hit-and-run driver, they may track down eyewitnesses, traffic cameras, surveillance footage, and any other information that may lead to the hit-and-run driver’s identity.
Work with Law Enforcement
Hit-and-run accidents have civil and criminal consequences. Your attorney will work with law enforcement if the hit-and-run case remains open. Having San Jose hit-and-run accident lawyers by your side as each case continues is the best way to ensure that your legal rights and interests are protected, and your ability to collect compensation is not affected.
File an Uninsured Motorist Claim
You may need 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 is found to not have car insurance coverage. Your attorney can help you file an uninsured motorist claim with your insurance company.
Find Other Potentially Responsible Parties
The hit-and-run driver may be the only potentially responsible party. It is important to find each potentially responsible party, especially in a hit-and-run situation. You may never find the hit-and-run driver, but you can still recover from other potentially responsible parties.
Contact the San Jose Hit-and-Run Attorneys at Arash Law, Headed by Arash Khorsandi, Esq.
The San Jose hit-and-run accident attorneys at Arash Law are here to help you get the compensation you deserve after a crash. The lawyers at Arash Law, managed by Arash Khorsandi, Esq., have decades of experience in recovering more than $500 million in compensation for our clients. Accident victims can count on us to help them enforce their rights against those responsible for their injuries.
If you have suffered an injury in an accident in San Jose or in surrounding areas, 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 today at (888) 488-1391 or complete an online submission form to schedule a free, no-obligation case evaluation.
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