Santa Barbara Hit-And-Run Accident Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Santa Barbara Hit-And-Run Accident Attorneys Helping You Understand Your Legal Rights
Victims who suffer injuries in a hit-and-run may benefit from seeking legal counsel. The Santa Barbara hit-and-run accident attorneys at Arash Law can help clients with various injury cases throughout California. If you’ve been injured by a driver who fled the scene, we can assist you in exploring your legal options.
Santa Barbara is the county seat of Santa Barbara County in California. The city had a population of 88,665, according to the 2020 United States Census. The city is located on the coast of the Pacific Ocean and is served by several major roadways, including California State Route 1 (SR 1), California State Route 192 (SR 192), and United States Route 101 (US 101).
Santa Barbara is commonly referred to as The American Riviera because of its similarities to the French Riviera or Côte d’Azur. Both the pier area and State Street make Santa Barbara a very walkable city.
While Santa Barbara can be very pedestrian-friendly, the city certainly has its fair share of motor vehicle traffic. California state laws dictate that drivers are expected to stop their cars if they strike a pedestrian or another vehicle while driving. They need to provide their identifying information to victims and render any assistance that might be required.
When a driver fails to stop at the scene of a crash, it is referred to as a hit-and-run accident. Victims of these collisions are not limited to pedestrians alone. Many people in other motor vehicles can also be involved in accidents in which the other driver simply flees the scene of a crash.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
How Common Are Hit-And-Run Accidents In California?
According to the insurance research and analysis website ValuePenguin, the total number of fatal hit-and-run accidents went from 1,342 to 1,939 during the last decade, and deaths from these accidents increased by 44 percent, from 1,393 to 2,005. California had the highest number of fatal hit-and-run accidents during the reporting period, having 17 percent of the total in the United States, with 2,948 crashes causing 3,056 deaths.
The rate of fatal hit-and-runs per 10 billion miles in California was 8.8, with 104 deaths per 100 crashes. ValuePenguin reported that 25- to 34-year-olds were the age group most likely to be killed in hit-and-run accidents, with 687 drivers in this age group killed in hit-and-run accidents.
The AAA Foundation for Traffic Safety also reported 2,049 deaths stemming from hit-and-run accidents, and this figure was the highest number on record, as well as a 60 percent increase over the past seven years. AAA said that more than one hit-and-run crash occurs every minute on roads in the United States.
Some of the most common injuries a personal injury attorney can help you seek compensation for in hit-and-run accidents include:
- Traumatic brain injuries (TBIs)
- Closed head injuries
- Skull fractures
- Concussions
- Skull fractures
- Spinal cord injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal organ injuries
- Permanent nerve injuries
- Fractures or broken bones
- Amputations
California State Law For Hit-And-Run Accidents
California Vehicle Code § 20002 establishes that a person driving a motor vehicle involved in an accident causing injury or death to another person has a duty to immediately stop their vehicle at the scene of the accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004. This law applies whether a person is involved in an accident causing only property damage, injury, or death.
This section of the vehicle code states that such a driver must immediately stop their vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Having done so, the driver must immediately do the following:
- Locate and notify either the owner or the person in charge of any damaged property. Provide the name and address of both the driver and the owner of the vehicle involved.
- Upon request, provide your driver’s license and vehicle registration if another vehicle or piece of property is participating.
- The information provided must include the current residential address of the driver and registered owner.
- The registered owner of the car must also show their driver’s license or another form of valid identification if they are present at the scene.
- Leave a written notice on the damaged motor vehicle or property if the owner cannot be located. The notice must include the following:
- The name and address of the at-fault driver and owner of the vehicle.
- A brief explanation of the circumstances.
- Notify a police department of the city where a collision occurred or if a collision occurs in an unincorporated territory, the local headquarters of the California Highway Patrol.
Failure to abide by these steps can constitute a criminal offense, and a driver can face misdemeanor or felony charges, depending on the damage caused. Additionally, they can be held responsible for compensating the victim in a civil claim.
California Hit-And-Run Penalties
When a hit-and-run accident causes only property damage, the negligent driver may face misdemeanor charges punishable by:
- Up to six months in county jail.
- Fine of up to $1,000.
- Restitution to victims for property damage.
- 2 points on their California driving record.
Certain injury cases might also result in misdemeanor charges, but penalties for such incidents can involve:
- Up to one year in county jail.
- Fine of up to $10,000.
- Restitution to victims for property damage.
- 2 points on their California driving record.
Many other injury or death cases result in felony charges that can result in such penalties as:
- Up to four years in state jail.
- Fine of up to $10,000.
- Restitution to victims for property damage.
- 2 points on their California driving record.
Leaving the scene of an accident in California also has the potential to result in the revocation of a person’s driver’s license. It is important to remember that many insurance companies may not cover damages stemming from hit-and-run accidents, meaning that a negligent driver may have to pay all civil damages awarded in such cases completely out of their own pockets.
Why You Should Never Chase A Perpetrator
Following a hit-and-run accident, many people are tempted to chase after a negligent driver to try to confront them. Doing so is always a mistake and something that nobody should ever do. As a victim, you should remain at the scene of your crash. Try to record all information you can remember about the negligent driver’s vehicle and then provide that information to law enforcement, who will make an effort to locate the driver themselves.
Again, a person who leaves the scene of a motor vehicle accident in California commits a criminal offense. A law enforcement agency will try to apprehend the negligent driver and then file criminal charges.
Victims need to keep in mind that a criminal case will be completely separate from their own civil action following one of these incidents. This distinction is important because there may be cases in which a negligent driver can earn an acquittal or dismissal of criminal charges, but they can still be held civilly liable.
An example of this dynamic is the infamous case of O.J. Simpson, who was found not guilty of murdering both his wife, Nicole Brown, and her companion, Ronald Goldman. A civil jury later found Simpson liable for the wrongful death of Goldman and battery against Brown, ordering him to pay $33.5 million in damages.
How Uninsured And Underinsured Insurance Works In California
Uninsured and underinsured automobile insurance are types of add-on coverage for many drivers in California. These policies provide different forms of coverage. Uninsured policies allow people to seek compensation for damages when another party has no automobile insurance, and underinsured coverage will apply in cases in which the other driver does not have enough insurance coverage to cover all of a victim’s losses adequately.
Both uninsured and underinsured coverage are optional policies, so nobody is required to get them. However, many people opt for such policies to protect themselves further. While people holding one or both policies believe they are safer because they think their insurance company will compensate them, you should be diligent when filing your claim.
Many insurance companies aim to manage their costs by carefully reviewing claims, even those from their own policyholders. It can be helpful to work with a Santa Barbara hit-and-run lawyer if you need to communicate and negotiate with an insurance company. An accident attorney can help you understand your rights, present the facts of your case, and guide you in providing statements that support your case appropriately.
What People Should Do After A Driver Flees The Scene
You should always call the police following any hit-and-run accident and then provide law enforcement with all the information you have about a negligent driver. You then have to wait for the police to search for and catch the other driver.
There is always the possibility that the other driver may never be found. In such cases, you may need to pursue other avenues for compensation for your expenses stemming from the hit-and-run accident. The damages you can seek may include property damage to your motor vehicle, medical bills, and lost wages. In many cases, people may try to pursue these amounts from their own insurance companies.
Your insurance company may express a willingness to settle your case immediately and may present you with a lump-sum offer. However, you should assess whether the offer you receive accounts for the full extent of your losses. If you sign an agreement to settle without considering this, you may be unable to pursue additional compensation for accident-related expenses that arise in the future.
A Santa Barbara hit-and-run attorney can handle communications with insurance companies on your behalf and assist you in seeking compensation for your losses. Before agreeing to provide a recorded statement or signing any kind of paperwork, consider seeking legal counsel so you can protect your rights.
Defenses In Santa Barbara Hit-And-Run Cases
Hit-and-run drivers sometimes attempt to avoid liability through several possible defense claims. Some of the most common defenses in these cases include:
- The Driver Did Not Know They Caused Injury or Property Damage — A negligent driver may claim that they were unaware of the fact that they struck another person or property.
- The Driver Was Responding to an Emergency — A negligent driver can claim they were dealing with a medical emergency that prevented them from stopping.
- The Vehicle Owner Was Not the Driver — If police officers locate the vehicle involved in a hit-and-run accident, the owner may argue that they were not driving the vehicle at the time of the collision.
- The Driver Suffered From Involuntary Intoxication — A negligent driver may claim that they were unknowingly suffering the effects of a drug or beverage that impacted their ability to operate a motor vehicle safely.
Contact Our Santa Barbara Hit-And-Run Accident Attorneys
Our hit-and-run accident attorneys in Santa Barbara understand the confusion and fear that many victims may be dealing with after being injured. We assist victims in navigating the legal process of filing claims to seek compensation for their damages, including intangible losses such as pain and suffering. If you were injured by a driver who fled the scene, we can help you understand your rights and legal options.
Arash Law has decades of experience helping clients with various types of personal injury cases in California. We work closely with professionals from various fields, including accident reconstructionists, to gain insight into your accident and help us support your claim. Our lawyers are committed to assisting you in pursuing the compensation you may be entitled to while you recover from your injuries.
Dedicated Advocates For Santa Barbara Hit-And-Run Victims
When you reach out to Arash Law regarding a hit-and-run accident, our team can perform a thorough investigation to gather details about the crash and collect vital evidence. We can request a copy of the accident report and obtain a diagram and photos of the scene of the accident. We can also examine the vehicle title and equipment history, seek witness statements, and get event data recorder (EDR or Black Box) data.
While many people initially think they do not need legal counsel to handle a hit-and-run accident because the fault will be clear, you should avoid this line of thought. The insurance claims process can be challenging to navigate. Even a seemingly innocuous comment may be misconstrued to harm your case. As such, it may be wise to seek assistance from an attorney.
Our firm is committed to working diligently to help you pursue just compensation. You can call (888) 488-1391 or contact us online to schedule a free initial consultation so you can discuss your case with a Santa Barbara hit-and-run accident attorney.
Our attorneys not only serve victims involved in hit-and-run accidents in Santa Barbara but also those in surrounding communities such as Thousand Oaks, Goleta, Lompoc, Isla Vista, Taft, Carpinteria, Westlake Village, Oxnard, Simi Valley, Port Hueneme, Santa Maria, Santa Paula, Fillmore, Camarillo, and Moorpark.
