I’m Ed Smith, a Sacramento pedestrian accident lawyer. An elderly pedestrian was walking in South Sacramento during the afternoon of March 19, 2018. Unfortunately, the elderly pedestrian was hospitalized in critical condition following an accident with a motor vehicle.
Our thoughts and prayers go out to the injured pedestrian and their family. We hope for their full recovery from this tragedy.
What Happened?
The South Sacramento incident occurred as a woman, somewhere in her 80s, was walking along a Lemon Hill Avenue sidewalk. A vehicle reportedly jumped the curb and struck her at approximately 3:15 p.m. According to a representative of the Sacramento Police Department, the vehicle was left behind at the scene.
Hit and Run Investigation
Two individuals in the vehicle that struck the elderly woman were reported as having fled the scene on foot. A detective stated that the vehicle may have been stolen. Investigators also said other factors in the crash may include speed and that the driver lost control.
Lemon Hill Avenue Traffic Problems
Lemon Hill Avenue is known as a roadway with traffic problems, according to neighbors. Damaged fences, skid marks and cast off auto parts litter the area near an elementary school. Residents say it is a dangerous area for anyone. During March of last year, another individual was struck and killed by a driver who fled the scene a short distance from where the accident discussed above occurred. One local resident suggested that putting a speed bump on the street might help in the future.
Hit and Run Collisions
Hit and run crashes are those where a vehicle hits a pedestrian, motor vehicle, bicyclist and even a parked car or other structures. After the collision occurs, the driver leaves the scene of the accident. In California, hit and run collisions are divided into felony hit and run and misdemeanor hit and run.
- Felony hit and run: Felony hit and run is one where the accident caused an injury or death to another person.
- Hit and run as a misdemeanor: California Vehicle Code 20002 defines this type of hit and run as one where property damage occurs.
Civil Actions After a Hit and Run
Even if the driver leaves the scene, it is still necessary to prove fault in an accident. There are times when both a pedestrian and a motor vehicle driver may be negligent. This occurs when either one is drinking. It also occurs when one or the other person does not yield the right of way. Hitting a pedestrian in a crosswalk or on the sidewalk are examples of fault by a driver. A pedestrian who crosses outside the crosswalk, darts in front of a car or is distracted while walking may be considered negligent.
How a Hit and Run Impacts a Civil Claim
There are two ways a hit and run affects a civil claim:
- The criminal charges associated with a hit and run can be used as evidence of fault. This happens since criminal acts require more comprehensive proof than civil ones.
- The damages sought by the injured party may be increased due to the nature of the crime. These are called treble damages. Treble damages are those awarded in a case such as a hit and run. This means that the damages in the case may be tripled. Insurance companies may or may not be required to pay for treble damages, depending on the case.
Related Articles by Edward A Smith Law Offices:
Sacramento Pedestrian Accident Lawyer
I’m Ed Smith, a Sacramento pedestrian accident lawyer. If you have been hurt in a pedestrian accident, including one by a hit and run driver, please reach out to me at (916) 921-6400 or toll-free at (800) 404-5400 for free, friendly advice.
I have been helping residents throughout California, including those of Sacramento, with their injury claims for 35 years. I’ve also assisted with wrongful death claims.
You can find out more about my practice and the way I resolve cases at:
I was invited to join a national legal group called the Million Dollar Advocates because I have won verdicts that exceeded $1 million for clients.
My Past Verdicts and Settlements are available here.
If you want more information about car accidents and personal injuries, please visit AutoAccident.com to read in-depth articles.
Photo Attribution: By “Free-Photos” via Pixabay
:cd ds [cs 744] cv