San Diego Hit and Run Defense Lawyer
A moment of panic can lead to severe consequences. Leaving the scene of an accident, even a minor one, can result in hit and run charges. In California, fleeing the scene is a crime, and the penalties can be severe, impacting your driving privileges, finances, and even your freedom. If you’ve been charged with hit and run in San Diego, you need an experienced hit and run lawyer to protect your rights and fight for the best possible outcome.
California Hit and Run Laws: Understanding the Penalties
California Vehicle Code Sections 20001 and 20002 outline the laws surrounding hit and run accidents. Leaving the scene without providing information or assisting anyone injured is a crime. The penalties can vary based on whether there was property damage only or if someone was injured:
- Property Damage Only Hit and Run: This is typically a misdemeanor, punishable by up to six months in jail, fines up to $1,000, and two points on your driving record.
- Injury Hit and Run: If someone was injured or killed, it’s a felony offense. This carries potential penalties of up to four years in prison, fines up to $10,000, and a permanent mark on your criminal record.
Why Choose Superior Law Center for Your Defense?
- Experienced Defense: Our attorneys have in-depth knowledge of California’s hit and run laws and a proven track record (27+ years) of successfully defending clients against these charges.
- Thorough Investigation: We’ll analyze the evidence, interview witnesses, and explore all possible defenses to build the most robust case for you.
- Aggressive Representation: We understand the seriousness of these charges and will fight tirelessly to protect your rights and minimize the consequences.
- Local Knowledge: We deeply understand the San Diego court system and the local prosecutors, which gives us valuable insights into navigating your case effectively.
Understanding Hit and Run Accidents
A hit and run accident is defined as fleeing an accident scene without offering help or providing identifying details. This scenario can unfold in various ways, from minor fender benders to severe collisions involving injuries or fatalities. Regardless of the circumstances, the law mandates specific actions from those involved.
Drivers must remain at the accident scene, render necessary aid, and exchange personal information. Failure to do so can result in severe legal repercussions, including criminal charges. Understanding these responsibilities and the legal landscape is crucial for anyone involved in a hit and run incident.
Legal Definition of Hit and Run
In California, a hit-and-run case occurs when a driver does not slow down and report the accident to authorities. The legal definition encompasses leaving the accident scene without providing help, personal information, or calling the police. California Vehicle Code Sections 20001 and 20002 specifically address these laws.
For a driver to be guilty of hit and run, it must be proven that they intentionally failed to stop and provide information. Hit and run charges in California can be prosecuted as misdemeanors or felonies, depending on the accident’s circumstances. Notably, under VC 20001, hit and run charges are particularly severe when the accident results in injury or death.
Duties of Drivers Involved in Accidents
California law mandates that drivers involved in accidents must remain at the scene, aid those injured, and exchange personal identification. This includes situations where the accident causes damage to unattended property; drivers must leave a note with their contact information unless the property owner can be contacted directly.
Failing to fulfill these legal obligations can lead to criminal charges, including hit and run. Drivers who leave the scene without offering help or information face severe penalties, emphasizing the importance of adhering to these duties.
Consequences of Hit and Run Offenses
The consequences of a hit and run offense in California can be severe, impacting not just the hit and run driver but also the victims involved. Leaving the scene of an accident without exchanging personal information can lead to criminal charges, regardless of fault. These charges can be categorized as either misdemeanor or felony offenses.
Factors such as the amount of damage, severity of injuries, and the driver’s criminal history can influence whether the hit and run charge is classified as a misdemeanor or felony. The legal consequences can include jail time, fines, and long-term implications on the driver’s record.
Misdemeanor Hit and Run Penalties
A misdemeanor hit-and-run is leaving the scene of an accident that results solely in property damage without providing information.
Under the California Vehicle Code, this can lead to penalties including:
- Jail time of up to six months
- Fines reaching $1,000
- Restitution for damages
- Probation
These consequences affect the driver’s criminal history, financial stability, and driving privileges. Understanding these penalties is crucial to avoid exacerbating the situation further.
Felony Hit and Run Penalties
A hit-and-run is classified as a felony in California if someone sustains injuries during the incident, necessitating that the driver stop and assist the injured party. Penalties for felony hit-and-run can include fines ranging from $1,000 to $10,000 and up to three years in state prison.
If the hit and run results in severe injury or death, the penalties can increase to four years in prison. These severe consequences underscore the legal obligation to assist injured parties and the importance of adhering to the law.
How a Hit and Run Lawyer Can Help
An experienced hit-and-run lawyer offers critical legal counsel after an accident, guiding clients through the complexities of the legal system. Competent attorneys analyze case details to defend against hit-and-run charges, potentially reducing or dismissing them. A run accident lawyer can provide essential support in these situations.
Lawyers assist defendants in proving their innocence or minimizing the charges’ impact. A skilled lawyer can significantly influence the case’s outcome by starting investigations and exploring all possible compensation options for victims.
Navigating the Legal Process
Lawyers provide vital support in navigating the complexities of legal proceedings after a hit and run. With over 20 years of experience in the San Diego County court system, the attorneys at Superior Law Center, led by Erik Friis, offer unparalleled expertise in handling such cases.
Building a Strong Defense
Building a strong defense involves proving that the accused was not driving during the incident. A mistaken identity defense, supported by evidence such as no eyewitness identification or a stolen vehicle report, can effectively counter hit and run charges.
Negotiating with Insurance Companies
A hit-and-run lawyer helps clients negotiate with an insurance company to prevent unfair treatment. Superior Law Center’s professionalism and ability to navigate cases effectively often result in positive outcomes, ensuring clients receive the compensation they deserve.
Common Defenses Against Hit and Run Charges
Defense strategies, including lack of awareness and mistaken identity, can be used in hit-and-run cases. Defendants can argue that they were unaware of the accident, which can be a valid defense in some situations. Exploring viable defenses and building a mitigation packet is critical for successfully defending against hit-and-run charges.
The underlying facts, criminal history, personal background, and representation quality impact a hit-and-run case. Understanding these defenses is essential for effectively navigating legal proceedings.
Lack of Awareness
A possible defense for a driver in a hit and run case is lack of awareness about the car accident. This defense may be claimed when the driver genuinely did not realize an accident occurred.
However, if the accident caused significant damage, a court might not accept this defense.
Only Property Damage
Property damage during a California hit-and-run accident refers to any damage to vehicles or property that does not involve personal injuries. Under California law, drivers involved in an accident causing property damage are legally required to stop and exchange information with the other party.
Mistaken Identity
Mistaken identity is a common defense in hit and run cases if the accused was not driving the vehicle. This defense asserts that the accused is incorrectly identified as the driver involved in the accident. Supporting evidence can include no eyewitness identification or a police report indicating the vehicle involved was stolen.
Steps to Take After a Hit and Run Accident
Victims should call the police immediately after a hit-and-run to create an official report, which can aid in filing claims. A hit-and-run lawyer can assist in tracking down the fleeing driver by gathering reliable evidence and interviewing witnesses. After being involved in such an incident, consulting a hit-and-run attorney for legal options is advisable.
Taking immediate action can significantly impact the case’s outcome, legally and in terms of compensation. Understanding the steps after a hit and run accident is crucial for protecting your rights and interests.
Reporting the Incident
California law mandates that an accident resulting in injury or substantial property damage be reported to the police within 24 hours. Prompt reporting fulfills legal obligations and helps document the incident for future claims and legal proceedings.
Collecting Evidence
Taking pictures of the accident scene and any visible damage can serve as essential evidence for your insurance claim. Photographs of the accident scene, vehicle positions, and damages are vital for substantiating claims.
Gathering contact information from witnesses can significantly strengthen your case when pursuing compensation.
Seeking Medical Attention
Immediate medical evaluation is essential to identify and treat injuries that may not be immediately apparent. Even if injuries appear minor, seeking a medical evaluation is crucial to rule out any underlying issues.
Delaying medical attention can affect your health and any legal claims related to the accident.
Filing Claims and Seeking Compensation
Filing claims and seeking compensation after a hit and run accident involves documenting the incident thoroughly. Victims should gather as much information as possible, including details of the other vehicle, to aid identification. Medical documentation is also critical evidence in future claims or legal proceedings. Compensation can include medical expenses, lost income, and emotional distress related to the incident.
An experienced hit and run victim attorney can help navigate the options and ensure insurance companies do not exploit the victims. If the statute of limitations expires for filing a lawsuit, victims may be unable to seek legal redress. Therefore, acting promptly and gathering comprehensive evidence is essential for a successful claim.
Uninsured Motorist Coverage
Uninsured motorist coverage protects drivers when they are involved in accidents with uninsured or unidentified drivers. This type of coverage can assist victims in recovering damages when the at-fault driver in a hit and run cannot be located.
Victims of hit-and-run accidents can file an uninsured driver claim with their insurance company if they have uninsured motorist coverage.
Civil Lawsuits
Despite the at-fault driver’s disappearance, victims are entitled to compensation for medical expenses, lost wages, and pain and suffering. California’s comparative negligence laws allow victims to recover compensation even if they are partially at fault for the accident.
Victims of hit and run accidents can file civil lawsuits against the identified driver once they are found.
Why Choose Superior Law Center for Your Hit and Run Case?
Superior Law Center is a criminal law firm located in San Diego, known for meticulously defending its clients to achieve the best possible results. Led by Erik Friis, who has over 25 years of experience in criminal law, the firm has successfully defended thousands of clients charged with hit and run offenses. The firm’s extensive knowledge and commitment to client representation have resulted in high success rates in hit and run case resolutions.
Choosing Superior Law Center means benefiting from their extensive experience, exceptional client service, and personalized legal strategies tailored to your circumstances. Their proven track record and dedication to achieving favorable outcomes make them the best choice for handling hit and run cases.
Extensive Experience
Erik Friis has dedicated over 25 years to practicing law, specifically focusing on criminal defense. His experience and expertise in handling hit and run cases, combined with his award-winning legal proficiency, make him a formidable advocate for those facing such charges.
Client Testimonials
The firm has accumulated more than 300 five-star reviews on Google, demonstrating high client satisfaction. These reviews reflect clients’ positive experiences and the firm’s dedication to achieving favorable outcomes.
Superior Law Center is renowned for its exceptional client service and legal expertise.
Personalized Legal Strategy
The Superior Law Center emphasizes creating customized defense strategies tailored to the specific circumstances of each client’s case. This approach ensures comprehensive representation to meet each client’s specific needs in hit-and-run incidents.
Personalized legal strategies are crucial in addressing the unique challenges of hit and run cases.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)