Motorcyclist Injured in Hit and Run Accident
A biker was hospitalized with possible trauma after an accident on Highway 101 Sunday afternoon in Thousand Oaks. When you or your family are involved in a highway crash, it is important to have the insight only an attorney can provide.
What Happened
The accident happened at 1:45 in the afternoon near Rancho Cuneo Boulevard. According to the California Highway Patrol, the motorcyclist was weaving in and out of traffic lanes and speeding prior to the crash. A vehicle, whose description has not been detailed by police at the time of this report, fled the scene after hitting the motorcycle. After impact, the motorcycle was thrown into the far left passing lane.
An ambulance took the biker to the Los Robles Hospital for suspected chest trauma. Authorities have not provided information as to the biker’s status at this time. The crash is currently being investigated as a hit and run.
California Hit and Run Laws
In California, a driver can be charged with either a misdemeanor or felony hit and run, according to the California Vehicle Codes. The difference between the two is defined by whether only property damage occurred or if an individual was injured or killed.
Misdemeanor Hit and Run
Misdemeanor hit and run is covered under VC 22000, It states that a driver must stop if damage was done to the property, including vehicles in an accident. After positioning their vehicle in a safe place, the driver must find the owner of the damaged property or the person in charge and provide his or her contact information, motor vehicle registration, and driver’s license. If the owner or person in charge is at the scene, the driver can ask to see his or her driver’s license and the vehicle’s registration.
If the property owner or person in charge is not at the scene, a note with the necessary information should be left on the windshield or in another obvious place. In addition, the proper local authorities or the California Highway Patrol must be notified.
If a driver does not comply with VC 22000, he or she will be considered guilty of a misdemeanor hit and run if convicted. This can result in a fine up to $1,000, imprisonment of up to six months, or both.
Felony Hit and Run
Under California law, felony hit and run concerns injury to another person or their demise. If a driver is involved in an accident where injury or death occurs, the driver must stop his or her vehicle. If a driver violates this code and someone else is injured, penalties include a fine of up to $1,000 and jail time in a county or state prison for not more than a year.
On the other hand, if another person was killed in an accident and the driver leaves the scene of the accident, he or she can face up to four years in prison or at least 90 days in the county jail. A fine of up to $10,000 can be levied.
Collecting Damages After a Hit and Run
In civil court, collecting damages after a hit and run is based on proof of negligence. In criminal court, proof beyond a reasonable doubt is required. In civil court, proof by the preponderance of the evidence is sufficient.
If an individual is convicted of criminal charges, the proof of conviction can be used as proof in the civil court. In fact, a criminal conviction itself is adequate to prove fault.
The damages can be increased by the court by two or three times when a hit and run occurs. These are called treble damages and signify that the at-fault party was involved in egregious conduct. For instance, in a hit and run, if the jury awards the plaintiff $10,000, the court may increase that amount by a factor of two or three.
Related Links:
- How do I know if I have a claim worth pursuing?
- Do I have a time limit in which to bring a claim?
- The rights of motorcycle riders involved in motorcycle accidents.
- I’ve been in a motorcycle crash. What should I do at the crash scene?
Thousand Oaks Motorcycle Accident Attorney
I’m Ed Smith, a Thousand Oaks motorcycle accident attorney. When you or a loved one is injured or if a family member died in a motorcycle accident due to a hit and run, you are entitled to receive damages for your injuries. If you have lost a loved one through the negligence and recklessness of a hit and run driver, you may be able to file a wrongful death lawsuit. Please contact me at (805) 372-0200 for my free and friendly advice. Outside the telephone calling area, call (800) 404-5400.
For more than three decades I have worked as an injury lawyer. My staff and I have helped numerous Californians, including those in Thousand Oaks, receive compensation for their traumatic injury and wrongful death claims.
Reviews by previous clients and their comments are available at Google, Avvo, and Yelp. You can also review my website page entitled verdicts and settlements. It contains vital information on prior cases resolved by my law firm.
I am one of a group of top trial attorneys who belong to the Million Dollar Advocates Forum. Its members have secured $1 million or more in case settlements and verdicts for their clients.
Autoaccident.com is a website that I own and found. It contains comprehensive details about the different types of personal injury
Photo Attribution: Wikimedia Commons locomotive-2314904_1280.jpg
:cd bw [cs 911] cv