With his extensive experience as an Oakland personal injury lawyer, Greg Brod understands that car accidents leave victims with both physical and emotional scars. The mental suffering is compounded when the driver responsible for the crash fails to take responsibility for his or her actions. Hit-and-run accidents leave the victim and the community as a whole angry and looking for answers.
Fremont Hit-and-Run Injures Young Pedestrian
Residents of the City of Fremont are wondering who is responsible for an accident that injured a young teen. The story is currently running in the Oakland Tribune. At 7:30 A.M. on Monday October 8 officers responded to reports of an accident at the intersection of Nicolet Avenue and Mackenzie Place. According to Geneva Bosques, a police spokeswoman, a car struck a fourteen year old boy in the crosswalk. The teen incurred minor injuries and was taken to an area hospital by his father. Witnesses describe the driver as a Hispanic male between the ages of 35 and 45. Police report he was observed driving a red, four-door sedan, heading south on Nicolet Avenue in the direction of Alder Avenue.
California Criminal Law on Duty to Stop Following an Accident
It goes without saying that committing a hit-and-run is against the law. It is a felony to leave the scene of an accident involving injury to another person (Califronia Vehicle Code Section 20001) and a misdemeanor to leave the scene of an accident involving property damage (California Vehicle Code Section 20002). Notably, the California hit-and-run laws apply regardless of fault. In the case of an injury accident, the law requires stopping, providing identifying information to other parties and law enforcement, and contacting police if none are present. The provision also requires drivers to provide reasonable assistance in helping the injured person to obtain medical attention.
Recovering for Hit-and-Run Accident Costs Via Uninsured Motorist Coverage
Beyond criminal and moral/ethical issues, hit-and-run crashes often leave a victim wondering about the myriad of related expenses. Obviously, you cannot bring a personal injury claim against an unknown driver. However, uninsured motorist coverage through your own insurance company will usually include hit-and-run accidents where there is contact between your car and an unknown vehicle. While California law does not require drivers to obtain uninsured motorist coverage, it is a part of most policies and auto insurance companies must offer this type of coverage. Uninsured motorists policies include both economic and non-economic damages, meaning that a hit-and-run victim may be able to obtain compensation not only for medical bills and lost wages but also for intangibles like pain and suffering. In addition to accidents between vehicles, uninsured motorist coverage may also provide coverage for an accident where a driver flees after hitting a pedestrian. This may also include members of the insured’s household such as a child.
In order to receive coverage for a hit-an-run accident under an uninsured motorist policy, it is important that you contact law enforcement after the crash. The insurance company will want to be certain that every effort was made to find the other driver. It is also important to remember that even though coverage is through your own insurance company, the company is not on your side. They will want to resolve the claim as cheaply as possible and may make you a low offer in the hope that you will take it in order to simply have the matter done with quickly. In order to ensure you receive full and fair compensation in the event of a hit-and-run, you should always contact an experienced Oakland insurance law firm. At the Brod Firm, our team has vast experience dealing with insurance companies and car accident injuries so we can help you get all
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