San Jose Hit and Run Lawyer

Getting into a car accident is stressful, but it becomes a hit-and-run if someone leaves the accident scene. This is a serious issue in San Jose and the entire state of California. At Summit Defense, we have San Jose hit-and-run lawyers ready to help. Whether you’re accused of fleeing the scene or a victim, we understand the law and can guide you through the legal process.

Our team knows how to handle these tough situations. Our San Jose car accident lawyers will fight for you after a car crash. We understand how complicated a car accident claim can be in this situation, and our experienced car accident attorney will be your guide. Learn more about San Jose car accidents below. Then, contact our car accident attorneys to schedule a case consultation.

Fighting Hit and Run Charges With Our San Jose Hit and Run Lawyer

Facing hit-and-run charges can feel overwhelming. But with our San Jose hit-and-run lawyer at Summit Defense, you have support. Our car accident lawyer starts by looking closely at your case’s details. Then, we plan the best way to defend you, focusing on any weaknesses in the evidence against you.

We know what it takes to challenge hit-and-run allegations. Our goal is to protect your rights and work towards a favorable resolution. Whether it’s negotiating for lesser charges or fighting for you in court, we’re ready. We can even defend you against a personal injury claim. You can count on us to stand by your side every step of the way.

Detailed Hit and Run Laws in California

In California, hit-and-run laws are strict. They are detailed under California PC 20002, categorizing it as a misdemeanor. If you’re involved in a car accident, the law requires you to stop and exchange information with the other party. Failing to do so can lead to a hit-and-run charge. Whether the accident caused property damage, injury, or worse, this is true.

There are two types of hit-and-run in California: misdemeanor and felony. The difference usually depends on whether the accident caused only property damage or if someone was injured or killed. Knowing these laws is crucial for anyone involved in a car accident in San Jose. We have experience with hit-and-run accidents, and our experienced attorney will fight for you.

Differentiating Between Misdemeanor and Felony Hit-and -Run

Misdemeanor hit and run typically involves accidents that result only in property damage. If there were no physical injuries, then this crime is charged s a misdemeanor.

On the other hand, felony hit and run is more serious and involves accidents where someone is injured or killed. The consequences for each vary significantly, with felony charges leading to much harsher penalties.

Understanding the distinction between these two types of hit-and-run car accident cases is important. It affects how we approach your defense and what outcomes might be possible. Our experienced team at Summit Defense is skilled at navigating these complexities in California law.

Why You Must Remain at the Scene of an Accident

Staying at the accident scene is not just the right thing; it’s the law. When you leave, you risk hit-and-run charges, which can have serious consequences. By staying, you can provide help if someone is injured and ensure a more accurate exchange of information.

Leaving the scene can complicate your situation and lead to legal troubles. It’s always better to face the situation head-on, with the help of a knowledgeable attorney if needed. This approach can help mitigate potential charges and penalties.

The Legal Repercussions of a Hit and Run Conviction

A hit-and-run conviction carries serious legal repercussions. You could face fines, jail time, and a mark on your criminal record. These consequences can affect your life for years, making it harder to find jobs or maintain certain professional licenses. The stakes could be higher if you were under the influence of drugs or alcohol.

Potential Penalties and Sentencing

For a misdemeanor hit and run in California, you might face fines up to $1,000 and up to six months in county jail. It also leads to two points on your driving record. Misdemeanor charges are detailed in California PC 20002.

For a felony, the penalties are more severe, with the potential for four years in state prison. Felony cases are detailed in California PC 20001. Regardless of the charge you are facing, reach out to us as soon as possible for legal representation.

Impact on Your Driving Record and Insurance

A hit-and-run auto accident conviction can hurt your driving record and cause your insurance rates to skyrocket. Points will accumulate on your driving record, potentially leading to a suspended license. Your insurance company may increase your rates or cancel your policy because of the heightened risk you represent.

Immediate Steps After a Hit-and-Run Accident

1. Check for injuries. Immediately check if anyone is hurt and needs medical attention. Even common car accident injuries can be very serious.
2. Call the police. Report the accident to the police, even if the other driver has fled.
3. Gather information. Collect as much information as you can from witnesses and take photos of the scene.
4. Don’t admit fault. Use caution not to admit fault at the scene; the investigation will determine what happened.
5. Contact your insurance company. Inform your insurance company about the accident as soon as possible.
6. Keep records. Save all documentation related to the accident, including medical bills and repair estimates.
7. Consult a lawyer. Contact a San Jose hit-and-run lawyer to discuss your rights and next steps.

The Importance of Prompt Legal Consultation

Seeking legal advice quickly after a hit and run is crucial. A lawyer can guide you through the process, protecting your rights. They can also gather evidence and build your defense or claim early on.

Getting legal help early improves your chances of a favorable outcome. A lawyer can make a big difference, whether you’re facing charges or dealing with the aftermath as a victim. Our team at Summit Defense is here to offer support and expertise from the moment you reach out to us.

Defending Against Hit and Run Allegations

• Challenging evidence: We scrutinize the evidence against you, looking for inaccuracies or misinterpretations.
• Witness testimonies: We assess witness statements for reliability and consistency, which can be crucial in your defense.
• Proving lack of knowledge: We can use this in your defense if you weren’t aware you had been involved in an accident.
• Alibi defense: Demonstrating that you were not at the scene can effectively counter the charges.
• Negotiating plea deals: Sometimes, a plea for lesser charges is the best strategy. We’re skilled at navigating these discussions to your advantage.

How Our San Jose Hit and Run Lawyer Challenges Evidence and Witness Testimonies

Our San Jose hit-and-run lawyer critically examines all evidence and witness testimonies. We look for inconsistencies or anything that might weaken the prosecution’s case. By challenging the reliability of the evidence, we can often negotiate better outcomes or even get charges reduced or dismissed.

We know the importance of a complete investigation and a strong defense strategy. Our expertise allows us to challenge evidence effectively, providing you with the best possible defense against hit-and-run allegations.

How To Bring Your Insurance Rates Back Down

After a hit-and-run, your insurance rates might increase, but there are ways to bring them back down. Shopping around for new insurance, taking a defensive driving course, and improving your credit score can all help. It’s also worth discussing your situation with your insurance agent to explore all possible options for reducing your rates.

Patience and proactive steps are key to managing insurance costs post-accident. Our team can also offer advice on dealing with insurance issues related to your hit-and-run case.

How Summit Defense Can Help with Your Hit and Run Case

• Expert Legal advice: We offer expert legal advice tailored to your hit-and-run case, guiding you through the legal process.
• Personalized defense strategies: Our defense strategies are personalized to fit the details of your case, increasing the chances of a favorable outcome.
• Negotiation skills: Our team has strong negotiation skills, which are crucial for plea deals or reducing charges.
• Experience with hit and run cases: We have extensive experience handling hit and run cases in San Jose, giving us a deep understanding of the best approaches.

FAQs

Consult a San Jose Hit and Run Lawyer With Summit Defense Today

If you’re involved in a hit-and-run in San Jose, you must get legal help immediately. Summit Defense is here for you. Our experienced team can provide the support and defense you need. We’re dedicated to your case from the moment you reach out for a consultation.

Don’t let a hit-and-run charge or accident overwhelm you. Contact us today to schedule a consultation with a San Jose hit-and-run lawyer. We’re ready to listen to your story, offer advice, and work on your defense. Let us help you navigate this challenging time with confidence and clarity.

Legal & Informational Resources

• People v. Carbajal, 17 Cal.App.4th 1029 (1993): https://law.justia.com/cases/california/supreme-court/4th/10/1114.html
• People v. Valdez, 177 Cal.App.4th 1653 (2009): https://casetext.com/case/people-v-valdez-79
• California v. Byers, 402 U.S. 424 (1971): https://supreme.justia.com/cases/federal/us/402/424/
• People v. Holford, 63 Cal.2d 74 (1965): https://casetext.com/case/people-v-holford
• California Legislative Information (Official CA Law Website): https://leginfo.legislature.ca.gov/
• California Courts Website: https://www.courts.ca.gov/
• Santa Clara County Bar Association: https://www.sccba.com/
• California DMV: https://www.dmv.ca.gov/
• Mothers Against Drunk Driving (MADD): https://www.madd.org/
• The National Safety Council (NSC): https://www.nsc.org/
• The Office of Traffic Safety (California): https://ots.ca.gov/
• IIHS-HLDI (Insurance Institute for Highway Safety): https://www.iihs.org/

Relevant California Statutes

1. California Vehicle Code Section 20001 (VC 20001): Hit and Run Resulting in Injury or Death: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
2. California Vehicle Code Section 20002 (VC 20002): Hit and Run Resulting in Property Damage: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20002
3. California Vehicle Code Section 16020 (VC 16020): Requirement to Maintain Financial Responsibility (Insurance): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=16020 (Often related to hit and run).
4. California Vehicle Code Section 12500 (VC 12500): Driving Without a Valid Driver’s License: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12500
5. California Penal Code Section 484 (PC 484): Petty Theft https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484