What To Do After a Hit-and-Run Accident

Early Sunday a hit-and-run driver caused a head-on crash in Newport Beach that injured six people, three of them critically.  According to ABC News, the collision happened on Pacific Coast Highway and Newport Boulevard around midnight when a vehicle traveling northbound on PCH reportedly crossed over the center line and crashed head-on into a car coming the opposite direction.  Police believe one of the drivers may have been driving while under the influence, according to the ABC story.  Three of the people injured in the southbound vehicle were taken to a local hospital in critical condition.  The police are still trying o locate the driver who caused the crash.

What to Do When You're Involved in a Hit-and-Run Crash

Collisions like the one above happen all too frequently, and they often remain unsolved for a number of weeks if not months.  If you are involved in such an accident, there are certain things you can do to protect yourself and best ensure you ultimately receive compensation for the injuries and damages caused by a hit-and-run driver.  First, the accident should be reported immediately to the police, and you should avoid getting involved in any sort of chase with the driver.  Second, every bit of evidence at the scene should be documented in photographs to the extent possible.  This should include photos of the point of rest of your vehicle, damage to your car and any evidence left at the scene (such as debris) by the hit-and-run driver.  It is extremely important to avoid disturbing any of the evidence as the police will also want to photograph or at least document the location of debris.  One issue that almost invariably comes up is that of paint transfers.  If you have the ability to inspect your vehicle at the scene, you should look for any paint on the bumper or fenders that may have been transferred from the hit-and-run driver's car.  That evidence should be carefully photographed, without disturbing its condition.  Finally, cooperating to the extent possible with law enforcement may very well help identify the adverse driver and ensure their arrest and identification for insurance purposes.

Beyond the steps above, it is important to report the accident promptly to your own insurance carrier. This is important for a number of reasons, not the least of which is that there are certain insurance policy/legal limitations on the amount of time within which you have to report a hit-and-run accident.  Also, if there driver is never identified or they do not have auto accident insurance, your claim for injuries and damages may have to presented to your own insurance carrier as an "uninsured motorist" claim.  Drivers who are not identified are considered uninsured pursuant to most automobile insurance policies.

If you or a loved one is involved in a hit-and-run accident, you should contact an experienced injury attorney to assist you with getting through the maze of paperwork and claims requirements in order to secure your right to compensation for any injuries or damages sustained.

SOURCE:  Pacific Coast Highway hit-and-run crash leaves 6 injured, KABC News, November 17, 2013, by KABC News, Orange County News

Orange County Hit-and-Run: Bicyclist Killed in Anaheim

A hit-and-run driver struck a bicyclist in Anaheim early this morning, resulting in the rider's death.  According to KTLA News, the accident happened on Orangethorpe Avenue near the intersection with Lemon Street at about 5:40 a.m.  The preliminary investigation by the Anaheim Police Department suggests the bicyclist was hit by one car and either thrown or dragged for some distance before being hit a second time by a driver who remained at the scene.  At present, no information could be provided regarding the make or model of the car driven by the hit-and-run driver.  Anyone with information should immediately contact the  Anaheim Police Department at 714-765-1900.

Scene of the Accident

The stretch of Orangethorpe Avenue in Anaheim where the accident occurred is flat, straight and there do not appear to be any visual obstructions for drivers on that roadway.   This accident occurred in the early morning hours while it was still dark outside so visibility and lighting (street lights and vehicle headlights) will be an issue in terms of reconstructing the accident.  In addition, the speed of the hit-and-run vehicle will play a role in determining fault.

City of Anaheim

In terms of cities with a similar population, Anaheim is one of the most dangerous when it comes to total injury and fatal accidents, according to the California Office of Traffic Safety.  However, Anaheim is the safest of the 13 cities of similar population when it comes to injury and fatal hit-and-run accidents, having only recorded 17 such accidents in 2010.

If you have been injured or a family member has been killed in a hit-and-run accident in Orange County, contacting an experienced auto accident attorney is likely the best way to find out more about your right to compensation for any injuries and damages sustained.

SOURCE:  Bicyclist Killed in Anaheim Hit-and-Run; Driver Sought, KTLA News, Local News, October 29, 2013, by Anthony Kurzweil

La Habra Hit-and-Run Leaves One Dead, One Hospitalized

Friday night at about 9:00 p.m. one pedestrian was killed and another was hospitalized after being struck by a Cadillac in La Habra.  According to KABC News, the incident occurred at the intersection of Whittier Boulevard and Koopmans Way while both victims were crossing the street in a marked crosswalk.  Immediately following the accident, the two victims were transported to the hospital where one eventually died from her injuries.   The driver of the Cadillac sedan, identified as 20-year-old Caroline Kim of Hacienda Heights, was chased for some time by police before finally crashing into a parked car and being arrested.  

Scene of the Hit-and-Run

The intersection where the pedestrian accident occurred is somewhat atypical in that it is not a traditional four-way stop.  There are, however, plenty of streetlights in the area, and the presence of a shopping center and restaurants should alert drivers to the fact there could be pedestrians crossing the street.  The speed limit in the area is 40 miles per hour so, if a driver is operating their headlights and obeying that limit, they should have ample time to see a pedestrian crossing the street in front of them.

La Habra Accidents

According to the California Office of Traffic Safety, the City of La Habra ranks fairly high in terms of fatal and injury accidents.  In fact, of the 103 cities of a similar size by population, La Habra ranks 7th, which means only 6 other cities are more dangerous in terms of injury and fatal motor vehicle accidents.  La Habra ranks 22nd in terms of hit-and-run accidents.

If you or a loved one has been the victim in a hit-and-run accident, contacting an experienced automobile accident attorney might just be the best way to find out about your right to compensation for any injuries or damages sustained.

SOURCE:  Pedestrian dies in La Habra hit-and-run; driver arrested after chase, KABC News, Orange County News, October 26, 2013

Orange County Hit-and-Run Takes Life of Elderly Pedestrian

An elderly pedestrian was struck and killed by a hit-and-run driver early Tuesday morning on Euclid Street in Santa Ana.  According to KABC News, the accident happened just after 5:00 a.m. in the 500 block of Euclid when the 85-year-old victim, Joseph Rudolph, was jaywalking.  The driver, Michael Truong Pham of Garden Grove, hit Rudolph with his SUV and carried him with his vehicle for about 30 yards.  Pham later called police and told them what had happened.  Because he left the scene in the first place, he was taken into custody on suspicion of felony hit-and-run.

The Area and Cause of the Accident

The area of the accident is a relatively straight and flat stretch of roadway, without very many streetlights on the east side of the street. It is unknown where the point of impact occurred, but it would appear from the news story that Rudolph was outside of either a marked or unmarked crosswalk.  According to the U.S. Naval Observatory, the sunrise time for Tuesday (August 27th) was at 5:22 a.m., so it was likely dark outside at the time of the accident.  However, in general headlights should illuminate the roadway far enough ahead to allow a driver to take evasive action if a pedestrian is crossing a road and could not otherwise have been seen.  This depends on the precise area of the impact and how far into the roadway Rudolph was when he was struck.

Wrongful Death Claims

In an accident in which a negligent driver causes or contributes to the happening of an accident, the surviving family members may have the right to pursue a wrongful death claim under California law.  In the case above, the Rudolph family may be able to recover compensation for the loss of their loved one.  The amount that can be recovered by the family is reduced by the amount of negligence of the decedent, which makes sense and seems fair.  For example, if a jury determined that Rudolph was 50% responsible for this accident, the family has the right to be compensated for only that part of the damages (50%) caused by the driver.

If you have been injured or a family member has been killed in a hit-and-run accident, consultation with an experienced injury attorney is perhaps the best way to find out about your rights.

SOURCE:  Santa Ana hit-and-run: 85-year-old pedestrian killed, suspect arrested, KABC News, Orange County News, August 27, 2013, by Q McCray.

Studio City Hit-and-Run Proves Fatal for Pedestrian

Late Saturday night a pedestrian was killed in a hit-and-run accident in Studio City after being struck by a white Mercedes whose driver fled the scene.  According to the report by KTLA News, the incident happened when the victim was walking across Ventura Boulevard at the intersection with Fairway Avenue at approximately 11:45 p.m.  The victim, who has yet to be identified, was pronounced dead at the scene.  The white Mercedes CLS reportedly has paper plates with the word "Encino" on them.  The Los Angeles Police Department is still investigating the crime, and anyone with information is asked to the call the LAPD.  An anonymous tip can be left at 1-877-527-3247.

Location of the Accident

The intersection where the accident occurred has a marked crosswalk for pedestrians crossing Ventura Boulevard.  It is unknown whether the victim was within the crosswalk at the time, but it is certainly an area where a driver should expect to find pedestrians crossing the street.  There are a number of businesses (including restaurants and a bowling alley) in the immediate vicinity of the intersection.  Aside from these factors, this stretch of Ventura Boulevard is curved which could reduce the amount of time a driver would have to observe a pedestrian crossing the street in front of them.  With the driver fleeing the scene of the accident, it can be reasonably inferred they at least felt some responsibility for what happened.  Under California law, flight from the scene of a crime or accident can be considered as evidence of consciousness of guilt, although this is not conclusive evidence, and the jury is entitled to decide what weight should be given to the evidence.

If a loved one has been killed or you have been injured in a pedestrian accident, contacting an experienced injury attorney can be an important first step toward securing compensation for the losses, injuries and damages sustained.

SOURCE:  Search Underway for Hit-and-Run Driver in Studio City Fatality, KTLA News, August 18, 2013, by Ann Pride

Teenaged Boy Killed in L.A. Hit-and-Run on Crenshaw

A teenaged boy was killed on Saturday evening after being struck by a hit-and-run driver in South Los Angeles.  According to KTLA news, the 18-year-old boy was one of four teenagers crossing Crenshaw Boulevard near 77th Street at about 6:15 p.m. when the incident occurred.  The driver who simply sped away from the scene is believed to have been driving a black Mercedes Benz.  The victim was taken to UCLA Medical Center was he was later pronounced dead.  Neighbors in the area describe Crenshaw Boulevard between 76th and 80th Streets as a "raceway" as there is a five-block span within which there are no stops.  The driver is still on the loose, and anyone with information regarding the accident should contact the Los Angeles Police Department at 800-222-8477.

The Scene of the Hit-and-Run Accident

The area where this tragic accident happened is indeed on a stretch of road that is flat, straight and there are no traffic stops for drivers on Crenshaw for some distance.  The intersection of Crenshaw and 77th Street is not controlled by a light or stop sign, however, the law considers this intersection to include an "unmarked" crosswalk, an area where pedestrians can lawfully cross the street.  It is not known whether the four pedestrians were within a marked or an unmarked crosswalk at the time of the impact.  Regardless of their location, the hit-and-run occurred at about 6:15 p.m. when it was still light outside, and it is hard to imagine any excuse for a driver to hit someone who had to be visible.  There are no apparent obstructions to the view of a driver traveling on Crenshaw, and since the driver of the Mercedes fled the scene this likely shows his "consciousness of guilt."  When someone flees the scene of an accident or a crime the jury is often instructed that this conduct may reflect guilt.

How This Crime Might be Solved

It is not uncommon today for even small businesses to have constant video surveillance on their property.  In the area of this accident there are a number of small businesses that may have had a camera filming, at least in part, the roadway.  Since there were at least three witnesses to the collision and the precise time of the accident is known, the police may be able to gather substantial eyewitness and video evidence against the hit-and-run driver.  In addition to that, there may well be forensic evidence such as debris from the Mercedes and damage to the vehicle that may help LAPD identify the responsible party.

If you have been injured or a loved one killed in a hit-and-run accident, an auto accident attorney with experience at handling such cases may be able to assist you in recovery compensation for the injuries and damages sustained.

SOURCE:  Teen Dies After Being Struck in South L.A. Hit-and-Run, KTLA News, July 21, 2013, by John A. Moreno

Suspect in Fatal Gardena Hit-and-Run Arrested

The suspect arrested on suspicion of vehicular manslaughter in connection to a fatal hit-and-run in Gardena has been identified as the daughter of a veteran LAPD officer.  According to KTLA News, the suspect, 22-year-old Vanessa Yanez, was taken into custody  on Wednesday and booked for vehicular manslaughter, perjury, filing a false police report and felony hit and run.  The accident happened on June 26th at about 9:50 p.m. when Yanez' vehicle reportedly struck the bicycle being ridden by Jesse Dotson, a postal worker on his way to work.  Citing official sources, KTLA has reported that Yanez is believed to have struck the victim and then fled the scene without rendering any kind of aid.  Dotson was taken to Harbor-UCLA Medical Center where he later died from his injuries.  A tip to the police is apparently what led to the arrest, and anyone with information regarding this accident should contact the Gardena Police Department at 310-217-6189.

Location of the Accident

According to a news report in the Daily Breeze, the accident above happened in the 1000 block of El Segundo Boulevard in Gardena, very near the Executive Inn.  That stretch of roadway is relatively flat, straight and there is no intersection near the location of the accident.  It is unknown precisely how the accident happened or what direction the vehicles were traveling.  Given it was just about 10:00 p.m., there is a good chance that lighting and visibility may have played a role in the collision.  With Yanez fleeing the scene of the crash, and therefore being unavailable for blood and/or drug testing immediately afterward, it is presently unknown whether driver impairment may have contributed to this tragedy.  Fleeing the scene of an accident is generally a sign of consciousness of guilt under the law, and this fact may be used against Yanez in court.  Since her father is a LAPD officer, as has been been for a number of years, it seems a logical inference that Yanez was aware of her legal obligation to remain at the scene and to render aid.  

If you have been injured or a family member has been killed in a hit-and-run accident, compensation may be available even if the driver is never identified.  Contacting an car accident attorney may be the most important step taken toward obtaining civil justice in a wrongful death case like the one above.

SOURCE:  Daughter of Veteran LAPD Officer Arrested In Deadly Gardena Hit-And-Run, KTLA News, July 5, 2013, by Ann Pride

Hit-and-Run in Compton Proves Fatal For Elderly Pedestrian

An elderly pedestrian was struck and killed by a hit-and-run driver last night in the City of Compton.  According to KABC News, the 65-year-old victim was struck and dragged approximately 75 feet by a white sedan.  The accident reportedly happened about 9:00 p.m. on North Alameda Street near East Oaks Street.  The accident is being investigated as a crime, and anyone with information should call the Los Angeles County Sheriff's Department's Compton Station at (310) 605-6500.

The Accident Scene

The scene of the accident appears to be in a commercial area, and the roadway is flat and straight.  While it will depend on the exact point of impact, there seem to be a number of street lights in the area that would presumably help drivers see any pedestrians crossing the road.  However, there does not appear to be a clearly marked crosswalk on Alameda in the vicinity of the accident.   While this may prove important in the investigation, it should be remembered that a "marked" crosswalk is not always required before a pedestrian can walk across a street.  

Wrongful Death Claims in California

Under California law, the surviving family members of the hit-and-run accident victim have the right to bring a claim against the driver for the recovery of certain damages.  In this State, those damages include the loss of the "love, companionship, comfort, care, assistance, protection, affection, society, and moral support" of the decedent.  Additionally, the surviving family may recover for the loss of financial support, the loss of gifts or benefits, the cost of the funeral and burial expenses, and the reasonable value of household services the deceased would have provided.  

If you have lost a family member because of a negligent or reckless driver, contacting a wrongful death attorney is likely an important first step toward securing compensation and civil justice.  

SOURCE:  Compton hit-and-run driver drags, kills 65-year-old pedestrian, KABC News, Los Angeles News, July 3, 2013

7-Year-Old Girl Hospitalized in Orange County Hit-and-Run

Police are searching for a hit-and-run driver who struck a 7-year-old girl in Santa Ana on Tuesday evening, according to KTLA news.  This horrific, Orange County accident was captured on security cameras near the scene, and police are currently looking for the driver of what they believe is a black Toyota 4Runner.  The little girl was with her mother and was running across the street to get to her home, an apartment complex on the opposite side of the street.  She is still in the hospital following surgery to relieve the swelling on her brain and is expected to survive.

Anyone with information about this tragedy should call the Santa Ana Police Department at 714-245-8665

DUTIES OF DRIVERS AND PEDESTRIANS

In general, a driver no right of way superior to that of a pedestrian, and each has equal and reciprocal rights, although driver, being in control of dangerous instrumentality capable of inflicting fatal injuries, is charged with a greater amount of care than pedestrian in order to be bound to same standards of ordinary care.  Pedestrians who cross in the middle of a block do not have an equal right to be in path of oncoming motorist, but they are not fair game for a driver who operates his vehicle without regard for what may unexpectedly appear in street.  

ACCIDENT RECONSTRUCTION AND LIABILITY

Here, from the videotape, it appears the driver is traveling faster than 25 miles per hour but is using the headlights on the vehicle.   Given the apparent speed, the driver was likely in violation of the California Vehicle Code since the accident scene was within a residential area, with a speed limit of 25 mph.  In addition to the speed, the distance at which the victim could be seen and the time the driver had to react play a role in assessing liability.  If it can be shown the driver should have seen the little girl for more than 1 1/2 to 2 seconds prior to the impact and failed to take sufficient, evasive action, the bulk of the liability would likely rest with the driver.

Any personal injury case brought on behalf of the little girl in the accident above will require careful, detailed consideration of the facts and circumstances that will ultimately be necessary to reconstruct this serious accident.  An experienced Orange County car accident attorney can be of help in assessing this type of injury case.  If you or a family member is an accident victim, you should make an informed decision about your rights and whether compensation is available for injuries and damages sustained.

SOURCE:  7-year-old Girl Hospitalized in Santa Ana Hit-and-Run, KTLA News, December 6, 2012