,

Pedestrian hit by car in Oak Park: When is hit-and-run a criminal offense in San Diego?

California – July 14, 2022

San Diego Police Investigators are wondering if a pedestrian was struck once by a car who left the scene and again by a driver who stayed and cooperated with San Diego Police.  The accident occurred in Oak Park where a medic reported a man in the roadway.  The scene investigation revealed a pill bottle  and questions as to whether another vehicle was involved in a hit-and-run after subsequent to the driver who remained at the scene after hitting the unidentified man in his 50s. When it is proven that a driver left the scene of a hit-and-run accident causing fatal injury, there may be criminal charges and a case for negligence supported by California driving laws.

Hit-and-run caused by distracted driving.

Driver distractions include eating, grooming, tending to small children, reaching for objects, tampering with automobile touchscreens, and any other task that involves a reduction of attention to the act of safe driving.   California has had distracted driving laws in place for over ten years now and those laws support damage claims when a driver’s use of a cell phone plays a significant role in a vehicle accident.  The 2016 Assembly Bill 1785  was meant to discourage drivers from holding an electronic device while operating a vehicle.

Hit-and-run.

 A hit and run driver that causes serious bodily injury to another may be charged with a misdemeanor, or a felony.  If individuals are convicted of a misdemeanor violation under CVC 20001(b)(2), they may face a hit and run punishment of:

  • A minimum of 90 days and up to one year in jail,
  • A fine between $1,000 and $10,000 dollars, or
  • Both, imprisonment and a fine.

If individuals are convicted of a felony violation under CVC 20001(b)(2), they may face a hit and run punishment of:

  • Two, three or four years in prison
  • A fine between $1,000 and $10,000, or
  • Both, imprisonment and a fine.

 Car Insurance and liability.

California law requires that drivers have a way to cover costs related to damages or injuries caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.  Everyone is responsible, not only for the result of his or her willful acts, but also for an injury or wrongful death occurrence during ordinary care. This means that if a driver is responsible for any part of activities that led to injury, the compensation will be adjusted in accordance with a percentage of fault assigned to each driver.

Hire an attorney.

Seek legal counsel immediately after a car crash involving a hit-and-run charge that causes severe injury, or the loss of life.  An experienced attorney who is familiar with hit-and-run laws in California can be reached at the Law Offices of Jeffrey E. Estes & Associates, and can be resourceful in the personal injury case against the negligent driver. They can proceed in filing wrongful death actions (within the two-year period from the date a person died) that will enable compensation to pay bills related to funerals, emergent hospital care and negative financial impacts to family members.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730

 

 

Sources.

 

  1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
  2. https://www.cbs8.com/article/traffic/pedestrian-dies-after-being-hit-by-car/509-2298cb6b-1635-4185-bf1e-04f8e3f58047
  3. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1785
0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *