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San Jose CA hit and run lawyerNobody plans for a car accident to happen, so when it does, it can be overwhelming and confusing, especially if you are not sure what to do when you get into an accident. The one thing you should never do if you are in an accident is leave the scene of the accident without exchanging information with the other driver. If you do, you could be charged with a hit-and-run offense, which can carry some pretty serious consequences. Hit-and-run charges are no joke and should be handled by a skilled lawyer who has experience defending against these charges.

Felony and Misdemeanor Hit-and-Run Charges

There are two different types of hit-and-run charges in California: felony and misdemeanor charges. You can be charged with a misdemeanor hit-and-run if all of the following were present:

  • You left the scene of an accident;
  • You did not leave any information to the other party or parties involved; and
  • Another person’s property was damaged in the accident.

A hit-and-run charge does not usually become a felony until another party is injured or killed in the accident and you leave the scene without leaving any identifying information. Even if there is no damage to anyone’s property or no bodily injury, you can still be charged with leaving the scene of an accident, though the offense will most likely result in a fine.

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San Jose CA reckless driving charges lawyerSome people may think that a reckless driving charge is no big deal, but in reality, a reckless driving charge can seriously impact your life. Not only can you face criminal charges for reckless driving, but you can also face license suspension, fines and an increase in your insurance rates. Even though reckless driving is still a traffic offense, it has much more serious consequences than a simple speeding ticket or other traffic violation.

What is Reckless Driving?

California VEH 23103 is the portion of the vehicle code that deals with reckless driving. According to the vehicle code, reckless driving occurs when a person is driving a vehicle “in willful or wanton disregard for the safety of persons or property.” You can be charged with reckless driving in a variety of situations. These can including:

  • Excessive speeding;
  • Weaving;
  • DUI;
  • Street racing; and
  • Hit-and-run accidents.

Sentencing for Reckless Driving

In California, a basic reckless driving charge is a misdemeanor and can result in a minimum of five days and a maximum of 90 days in prison and a fine between $145 and $1,000. If the reckless driving incident resulted in death or bodily injury or you have a prior reckless driving charge on your record, those penalties will most likely increase. 

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San Jose pedestrian accident lawyer hit and run

Pedestrian accidents are unfortunately common in San Jose, leaving victims with potentially serious personal injuries. The trauma that victims and their families suffer is made even worse when the driver responsible flees the scene. A recent hit and run in San Jose involving two children highlights the dangers victims of these accidents face and raises questions regarding how these drivers can be held accountable. 

Hit and Run Accident in San Jose Injures Two Children

A Labor Day pedestrian accident in San Jose that injured two children has police reaching out to the public in an attempt to identify the driver involved. According to NBC Bay Area News, the accident occurred in the afternoon hours of September 3, 2018, at the intersection of Cottle Road and El Molino Way. Witnesses state that the driver of a white, four-door Honda Civic did not stop at a traffic sign before entering the intersection, where he struck a 12-year-old girl and a 13-year-old boy who were riding their bikes. Rather than stopping to check on the victims, the driver fled the scene. Fortunately, both children were wearing bicycle helmets at the time of the accident and are expected to make a complete recovery from their injuries.

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San Jose criminal defense attorneys, hit and run accident, car accident injuries, severe criminal penalties, hit and run chargesMotor vehicle accidents can happen when you least expect them. They may be due to reckless driving behaviors on the part of others, such as making sudden stops or failing to yield, or due to your own errors in judgement, such as driving distracted or under the influence. Whatever the cause and circumstances surrounding a crash, it is important to stop immediately at the scene to protect yourself against criminal charges. Hit and run is a serious matter in San Jose and throughout California. In addition to being liable for injuries others suffer as the result of your actions, you could end up facing severe criminal penalties. 

San Jose Driver Charged With Hit and Run after Multi-Vehicle Accident

A recent accident involving a pick up truck along Vine Street in downtown San Jose set off a chain reaction, resulting in serious injuries for several drivers and passengers, along with causing extensive damage to six other vehicles. ABC7 reported on the accident, which occurred just after midnight on June 28, 2018.

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hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys, hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys,  pedestrian accident fatalityBy law, when a crash or collision occurs involving a motor vehicle, all drivers are required to pull over immediately at the crash site, notify law enforcement, and exchange information with other drivers. Unfortunately, there are some drivers who flee the scene. When hit and run car accidents involve motorists and pedestrians, there are steps you can take to help hold these drivers accountable.

Hit and Run Accidents

In late September 2017, Mercury News reported a car accident that held the grim distinction of involving the city of San Jose’s 33rd traffic fatality of the year. The accident involved a 59-year-old man who was struck by an SUV while walking across Ocala Avenue. The driver of the SUV was not identified. After hitting the man, the driver immediately fled the scene.

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California injury attorney, California car accident lawyerHit and run accidents are common and occur when a driver of a car involved in an accident leaves the scene. These drivers have no regard for the people they may have injured or the property they damaged. Hit and run accidents involve other cars, bicycles, and pedestrians. If you have been injured in a hit and run, you are still eligible to receive compensation.

Incidents of Hit and Run Accidents

According to the California Office of Traffic Safety, in one year in San Jose alone, there were 293 hit and run accidents reported. In Santa Clara County, 400 hit and run accidents were reported in 2013, the most recent year data is available. Officials have said that Los Angeles suffers from a hit and run epidemic.

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