San Jose, CA – Some drivers choose to leave the scene of an accident, even though this is illegal and irresponsible. Under California law, those drivers can be arrested and also face civil liability.
There are lawyers who can give more details about the process to get help after a hit and run crash.
Pickup truck driver kills two then leaves the scene
On the night of May 7th, 2022, two women were killed in a tragic hit-and-run accident in San Jose, California. The women were pedestrians who were walking on the sidewalk when a red pickup truck jumped the curb and struck them. The driver fled the scene and has yet to be apprehended.
The incident occurred around 7:45 PM on the 2600 block of Monterey Road. The two victims, identified as 59-year-old Bertha Hernandez and 69-year-old Aurelia Reyes, were pronounced dead at the scene. Witnesses reported that the truck was traveling at a high rate of speed when it hit the women.
Police are still searching for the driver and the truck, which is believed to be a red Chevy Silverado with a broken headlight on the passenger side. The San Jose Police Department is urging anyone with information about the incident to come forward and contact them.
The incident has sparked outrage and sadness in the San Jose community, as it is the latest in a string of pedestrian deaths in the area. According to the San Jose Mercury News, there were 60 pedestrian deaths in San Jose between 2016 and 2020, making it one of the most dangerous cities in California for pedestrians.
City officials and community leaders are calling for action to make San Jose’s streets safer for pedestrians. Councilmember Raul Peralez, who represents the district where the incident occurred, said in a statement, “We need to do more to protect pedestrians and ensure that drivers are held accountable for their actions. This tragedy is a stark reminder of the urgent need for safer streets in San Jose.”
In response to the incident, the San Jose Police Department has increased patrols in the area and is investigating the incident as a homicide. They are also working with the community to gather information and identify the driver of the truck. San Jose truck accident lawyers may assist the victims’ families with any related legal action.
The incident serves as a tragic reminder of the importance of safe driving and pedestrian safety. As the San Jose community mourns the loss of Bertha Hernandez and Aurelia Reyes, they are also calling for action to prevent similar incidents from happening in the future.
Liability for a hit and run crash
In California, a hit-and-run accident occurs when a driver involved in a collision fails to stop at the scene and provide necessary information and assistance to other parties involved. This could result in both civil and criminal liability for the driver. Civil liability pertains to the damages suffered by the victim or victims, while criminal liability involves punishment by the state for violating the law.
Civil Liability:
In a hit-and-run accident, the driver may be held liable for civil damages. Civil damages are intended to compensate the victim for their injuries, losses, and expenses. These damages could include medical bills, lost wages, pain and suffering, and property damage.
Under California law, a hit-and-run driver is required to stop their vehicle at the scene of the accident and provide their name, address, vehicle registration number, and insurance information to the other parties involved. Failure to do so can result in a civil lawsuit being filed against the driver.
If the driver is found liable for the accident, they may be ordered to pay damages to the victim. If the driver is uninsured or underinsured, they may be held personally liable for these damages.
Criminal Liability:
In California, hit-and-run accidents can result in criminal charges being filed against the driver. Depending on the severity of the accident and the injuries sustained by the victim, the driver could face misdemeanor or felony charges.
Misdemeanor Hit-and-Run:
A hit-and-run is considered a misdemeanor if the accident resulted in only property damage, and no one was injured. The penalties for a misdemeanor hit-and-run could include up to six months in jail and a fine of up to $1,000.
Felony Hit-and-Run:
A hit-and-run is considered a felony if the accident resulted in injury or death to another person. The penalties for a felony hit-and-run could include imprisonment for up to four years and a fine of up to $10,000.
In addition to the penalties outlined above, a hit-and-run conviction can result in the driver’s license being suspended or revoked. The driver may also be required to attend traffic school or perform community service.
Defenses for Hit-and-Run Charges:
If a driver is facing criminal charges for a hit-and-run accident, they may be able to use certain defenses to avoid conviction.
Lack of Knowledge: The driver may argue that they did not know they were involved in an accident and therefore could not provide the necessary information.
Emergency: The driver may argue that they fled the scene of the accident to seek necessary medical attention or to report the accident to the police.
Mistaken Identity: The driver may argue that they were not involved in the accident and were mistaken for someone else.
Contacting a Lawyer:
If you have been involved in a hit-and-run accident in California, it is important to contact an experienced personal injury attorney. A lawyer can help you navigate the legal process and ensure that you receive the compensation you deserve.
If you are facing criminal charges for a hit-and-run accident, it is also important to contact a criminal defense attorney. A lawyer can help you understand your rights, build a strong defense, and potentially reduce or dismiss the charges against you.
Conclusion:
In California, hit-and-run accidents can result in both civil and criminal liability for the driver. Civil liability pertains to the damages suffered by the victim, while criminal liability involves punishment by the state for violating the law. The penalties for a hit-and-run conviction can be severe, including imprisonment and fines. If you have been involved in a hit-and-run accident or are facing charges, it is important to contact California truck accident lawyers for guidance and representation.
Advice after any accident
USAttorneys.com is available to provide legal referrals anywhere in the country. They can be reached at 800-672-3103
Sources:
- https://abc7news.com/red-truck-hit-and-run-san-jose-2-women-killed-pedestrian-deaths/11725766/
