San Jose Hit and Run Accident Lawyer
A hit-and-run accident can leave victims feeling helpless and overwhelmed, especially when the at-fault driver flees the scene. In San Jose, hit-and-run accidents are unfortunately common, and the consequences can be devastating. If you are involved in a hit and run in San Jose, it is crucial to seek immediate legal assistance to navigate the complexities of your case.
Victims often face serious injuries, mounting medical bills, and uncertainty about how to recover compensation. At Scher, Bassett & Hames, we understand the challenges you’re facing, and we are dedicated to helping hit-and-run accident victims secure the justice and compensation they deserve. Our experienced team is here to guide you through the legal process and ensure that your rights are protected.
Proven Results - Real Victories for Hit and Run Accident Victims
At Scher, Bassett & Hames, we have a strong track record of success in representing hit-and-run car accident victims in San Jose. Here are some examples of the substantial settlements we’ve secured for our clients:
A young man was run over twice by a Redwood City Police officer while unconscious in a parking lot, resulting in fractures to his head and torso. We reached a settlement with the city for $1.25 million to cover his extensive medical expenses and pain and suffering.
An older woman returning from work as a custodian at San Francisco Airport was struck by a Yellow Cab while in a crosswalk. She suffered severe neck and back injuries requiring multiple surgeries. We secured a $1.5 million settlement to cover her medical expenses and other damages.
A young man riding a scooter on a street in San Jose hit a rough patch under the control of Union Pacific, fracturing his elbow in the subsequent fall. We successfully settled his case for $135,000, providing compensation for his injuries and recovery.
Why Choose Scher, Bassett & Hames for Your Hit and Run Accident Case?
We have a long history of achieving maximum compensation for hit-and-run accident victims in San Jose and throughout California. Our firm is known for its aggressive pursuit of justice and its ability to hold negligent drivers accountable, even when they attempt to evade responsibility.
Our attorneys bring decades of combined experience in handling complex hit-and-run cases. We understand the unique challenges these cases present, such as identifying the at-fault driver and navigating insurance claims, and we use our expertise to secure the best outcomes for our clients.
We know that every hit-and-run case is unique, and we take the time to understand the specific circumstances of your accident. Our legal strategies are tailored to your needs, ensuring that you receive the personalized attention you deserve throughout the legal process.
We operate on a contingency fee basis, meaning you only pay if we successfully recover compensation for you. This allows you to pursue your case without worrying about upfront legal costs, giving you the confidence that we are fully committed to your success.
Our attorneys are skilled in negotiating with the driver’s insurance company to ensure you receive the compensation you deserve.
We Handle All Types of Hit and Run Accidents in San Jose
At Scher, Bassett & Hames, we handle a wide range of hit-and-run accident cases, including:
Pedestrians are particularly vulnerable in hit-and-run accidents. Whether you were struck in a crosswalk, on a sidewalk, or in a parking lot, we will fight to ensure you receive the compensation you need to recover.
Cyclists often suffer severe injuries in hit-and-run accidents due to the lack of protection a bicycle offers. Our firm is experienced in representing injured cyclists and securing compensation for medical expenses, lost wages, and more.
Motorcyclists are at high risk in hit-and-run accidents, often resulting in catastrophic injuries. We understand the complexities of motorcycle accident cases and are dedicated to holding hit-and-run drivers accountable.
If your vehicle was struck in a hit-and-run car crash, you may be facing significant damage and injuries. We help victims navigate the complexities of insurance claims, including uninsured/underinsured motorist coverage, to ensure they receive the compensation they deserve.
Accidents involving commercial vehicles, such as delivery trucks or company cars, can be particularly complex. We have the experience needed to pursue claims against negligent drivers and their employers, ensuring that all liable parties are held accountable.
In the tragic event that a hit-and-run accident results in the death of a loved one, we provide compassionate and dedicated legal representation to help your family seek justice and financial compensation through a wrongful death claim.
Common Causes of Hit and Run Accidents in San Jose
Hit-and-run accidents can occur for various reasons, often linked to the negligent or reckless behavior of the driver. Common causes include:
Drivers who are distracted by their phones, GPS devices, or other distractions may not see pedestrians, cyclists, or other vehicles in time to avoid a collision. After causing an accident, they may flee the scene out of panic or fear of legal consequences.
Drivers under the influence of alcohol or drugs are more likely to cause accidents due to impaired judgment and reaction times. They may flee the scene to avoid being arrested for DUI, leaving victims to suffer the consequences.
Drivers without a valid license or insurance may flee the scene of an accident to avoid penalties or financial liability. Unfortunately, this leaves victims struggling to recover compensation for their injuries and damages.
Speeding, aggressive driving, and other forms of reckless behavior can lead to severe accidents. Hit-and-run drivers may flee the scene to avoid being held accountable for their dangerous actions.
Some drivers flee the scene of an accident simply because they fear the legal consequences, such as being charged with a crime or facing a lawsuit. Fleeing the scene can result in a serious hit and run charge, which carries severe legal penalties. However, fleeing the scene often results in more severe legal penalties and complicates the recovery process for victims.
In some cases, drivers may not even realize they have caused an accident, especially in situations where the impact is minor. However, even in these cases, the law requires drivers to stop and check for any damage or injuries.
The Impact of Hit and Run Accidents in San Jose
Hit-and-run accidents can have devastating consequences for victims and their families. The impact extends beyond the physical injuries, affecting every aspect of the victim’s life:
Victims may suffer from broken bones, head trauma, spinal cord injuries, and more, leading to long-term pain, disability, and the need for ongoing medical care. The physical toll of a hit-and-run accident can be severe, requiring extensive treatment and rehabilitation.
The psychological impact of being involved in a hit-and-run accident can be profound. Victims may experience anxiety, depression, and PTSD, particularly if they were left alone at the scene without immediate help. The fear and uncertainty caused by the accident can linger long after physical wounds have healed.
Medical bills, rehabilitation costs, and lost wages can quickly accumulate, putting a significant financial strain on victims and their families. Even with health insurance, the costs of recovery can be overwhelming, especially if the victim is unable to work. Having a comprehensive auto insurance policy can help mitigate the financial burden by covering medical expenses and property damage.
Severe injuries from a hit-and-run accident can drastically reduce a person’s ability to enjoy life, participate in activities, and maintain relationships. Chronic pain, physical limitations, and emotional distress can diminish the overall quality of life and lead to long-term suffering.
The effects of a hit-and-run accident often extend to the victim’s family, who may need to provide care, adjust their living arrangements, or cope with financial stress. The emotional toll on family members can be significant, as they deal with the aftermath of the accident and support their loved one through recovery.
Navigating the legal system while recovering from a hit-and-run accident can be stressful and overwhelming. Dealing with insurance companies, understanding legal rights, and pursuing a claim require time and effort that the victim may not have the energy to spare.
Your Legal Rights After a Hit and Run Accident in San Jose
If you’ve been injured in a hit-and-run accident, you have the right to pursue compensation for:
Covering both current and future medical costs related to your injury, including hospitalization, surgeries, medication, physical therapy, and any necessary ongoing care. This also includes the costs of assistive devices, home modifications, and other accommodations required for recovery.
Compensation for income lost due to time off work, as well as for diminished earning capacity if your injury affects your ability to work in the future. This includes both past and future wage loss, as well as any reduction in earning potential.
Financial compensation for the physical pain and emotional distress caused by your injury. This includes not only the immediate pain but also any long-term pain and suffering you may experience as a result of the accident.
Costs associated with repairing or replacing any property damaged in the incident, such as your vehicle, bicycle, or personal belongings.
In cases where the hit-and-run driver is identified and their conduct was particularly egregious or reckless, you may be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
If the hit-and-run driver is never identified, you may be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage. Understanding your policy and the coverage available is essential for protecting your rights. California law requires that any vehicle involved in an accident must stop and provide assistance, regardless of fault.
If successful, you may also be able to recover the costs associated with pursuing your claim, including attorney’s fees, court costs, and other legal expenses.
Consulting with an experienced hit-and-run accident attorney is essential to ensure your rights are fully protected and you receive the compensation you deserve. At Scher, Bassett & Hames, we are committed to fighting for justice on behalf of our clients.
Don’t Face the Insurance Companies Alone
Insurance companies are often more concerned with protecting their profits than with compensating you fairly. They may try to offer a quick, lowball settlement or deny your claim altogether. That’s where Scher, Bassett & Hames comes in. Our experienced hit-and-run accident attorneys know the tactics insurers use, and we’re ready to fight back. We’ll handle all communications and negotiations on your behalf, ensuring your rights are protected and you receive the full compensation you deserve.
The San Jose Police Department plays a crucial role in investigating hit-and-run accidents and gathering evidence to support your claim.
Insurance adjusters are trained to minimize payouts, often by using tactics like downplaying the severity of your injuries, blaming you for the accident, or delaying the claims process in hopes that you will settle for less. Our attorneys are familiar with these tactics and know how to counter them effectively.
We understand the stress and frustration that comes with dealing with insurance companies while trying to recover from a hit-and-run accident. By entrusting your case to Scher, Bassett & Hames, you can focus on your recovery while we handle the legal complexities of your claim. We will fight tirelessly to ensure that you receive the compensation you are entitled to, whether through negotiation or, if necessary, litigation.
What To Do After a Hit and Run Accident in San Jose
Taking the right steps after a hit-and-run accident can significantly affect your ability to recover compensation. Here’s what to do:
Even if your injuries seem minor, get evaluated by a healthcare professional to identify any hidden issues. Prompt medical treatment not only protects your health but also creates a record of your injuries that can be crucial in your case.
If possible, take photos of the accident scene, your injuries, and any relevant details that could support your claim. This evidence can be invaluable when proving fault and the extent of your damages. Gather any physical evidence, such as damaged property or personal items, and keep them safe.
It’s essential to file a police report with the San Jose police as soon as possible after a hit-and-run accident. The police report will be a critical piece of evidence in your case and may assist in identifying the responsible driver. Be sure to provide the police with as much information as possible, including any descriptions of the vehicle or driver.
If there were witnesses to the accident, get their names and contact information. Witness testimony can provide important support for your version of events. If possible, ask witnesses to provide a written statement or speak with your attorney.
Contact your insurance company to report the accident and begin the claims process. Be cautious when speaking with insurance adjusters, and avoid giving a recorded statement without consulting with an attorney first. Your attorney can help you navigate the insurance process and ensure that your rights are protected.
If the hit-and-run driver is identified and their insurance company contacts you, do not speak with them without legal representation. Insurance companies may try to get you to settle quickly for less than you deserve or use your statements against you.
The sooner you consult with a hit-and-run accident attorney, the better your chances of securing fair compensation. An experienced lawyer can help you navigate the complexities of your case, negotiate with insurance companies, and represent you in court if necessary.
Understanding California Hit and Run Accident Laws
Handling hit-and-run accident claims in California can be complex. Here are some key points to consider:
In California, it is illegal to leave the scene of an accident without providing your information and rendering aid if necessary. This applies to both minor and serious accidents, including those involving pedestrians, cyclists, or other vehicles. Fleeing the scene of an accident is a crime, and drivers who do so can face severe penalties, including fines, jail time, and the suspension of their driver’s license. Drivers who flee the scene can face serious hit and run charges, which may include fines, jail time, and license suspension.
California follows a “pure comparative negligence” rule, allowing you to recover compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.
You generally have two years from the date of the injury to file a personal injury lawsuit in California. Missing this deadline can prevent you from recovering any damages. However, there are exceptions, such as for cases involving government entities, where shorter deadlines may apply. It’s crucial to consult with an attorney as soon as possible to ensure you do not miss any critical filing deadlines.
If the hit-and-run driver is not identified, you may be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage. Understanding your policy and the coverage available is essential for protecting your rights. Your attorney can help you navigate the claims process and ensure that you receive the full benefits you are entitled to.
Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious or reckless. These damages are intended to punish the wrongdoer and deter similar behavior in the future. However, they are not awarded in every case and require a higher burden of proof.
Having experienced legal representation is critical in navigating the complexities of California hit-and-run accident law. An attorney can help you understand your rights, build a strong case, and ensure you receive the compensation you deserve.
How We Can Help You Maximize Your Compensation
At Scher, Bassett & Hames, we leave no stone unturned in our pursuit of justice for our clients. Here’s how we maximize your compensation:
Our team has extensive experience litigating hit and run San Jose cases, ensuring that local victims receive the justice they deserve.
We meticulously gather evidence, interview witnesses, review medical records, and consult with experts to build a strong case. Our team investigates every aspect of your accident, including obtaining police reports, surveillance footage, and any other relevant documentation. We also work with accident reconstruction experts, medical professionals, and financial analysts to ensure we have a complete understanding of your case.
We carefully assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs. Our attorneys take into account both economic and non-economic damages, ensuring that your compensation reflects the true impact of your injury. We also consider future costs, such as ongoing medical care, rehabilitation, and the impact on your ability to earn a living.
Our attorneys are seasoned negotiators who know how to deal with insurance companies. We fight for the maximum settlement possible, using our experience and knowledge of the law to advocate for your best interests. We understand that insurance companies often try to settle cases for less than they are worth, and we are prepared to push back against lowball offers.
If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our team has extensive experience litigating hit-and-run accident cases in San Jose, and we are not afraid to go to trial if it means securing the compensation you deserve. We are skilled in presenting complex legal and medical issues to a jury, and we have a track record of success in the courtroom.
We understand that hit-and-run accidents can be traumatic and life-changing. Our attorneys are not only skilled legal professionals but also compassionate advocates who provide support and guidance throughout the legal process. We are committed to being there for our clients every step of the way, from the initial consultation to the resolution of the case.
Contact Scher, Bassett & Hames Today
If you’ve been injured in a hit-and-run accident in San Jose, don’t wait to seek legal help. The sooner you contact us, the sooner we can start working on your case. We offer free consultations to discuss your situation, explain your legal options, and provide you with the peace of mind you deserve.
Our legal team is dedicated to securing the best possible outcome for each of our clients. We understand the challenges you face after a hit-and-run accident, and we are here to help you navigate the legal system and pursue the compensation you deserve.
Don’t face this difficult time alone. Let Scher, Bassett & Hames be your trusted advocate in your hit-and-run accident case. Contact us today to schedule your free consultation and take the first step toward justice and recovery.
Your San Jose Hit and Run Accident Questions Answered
How long do I have to file a hit-and-run accident claim in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. However, if the hit-and-run driver is not identified, your ability to file a claim under your uninsured motorist coverage may be subject to different timelines set by your insurance policy. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss any critical filing deadlines.
What types of compensation can I recover for a hit-and-run accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. Depending on the circumstances, you may also be eligible for punitive damages, loss of consortium, and compensation for future medical care or lost earning capacity.
Can I still recover damages if the hit-and-run driver is never identified?
Yes, if the hit-and-run driver is not identified, you may still be able to recover damages through your uninsured/underinsured motorist coverage. This coverage is designed to protect you in situations where the at-fault driver is uninsured, underinsured, or cannot be located.
What should I do if the hit-and-run driver’s insurance company contacts me?
If the hit-and-run driver is identified and their insurance company contacts you, do not speak with them without legal representation. Insurance companies may try to get you to settle quickly for less than you deserve. An experienced lawyer can negotiate on your behalf to ensure you receive full compensation for your injuries.
How much does it cost to hire a hit-and-run accident lawyer?
Most hit-and-run accident lawyers, including Scher, Bassett & Hames, work on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your claim without worrying about upfront legal costs. Our fee is typically a percentage of the settlement or verdict, and we will discuss this with you during your free consultation.
What should I bring to my initial consultation with a hit-and-run accident lawyer?
For your initial consultation, it’s helpful to bring any documentation related to your case, such as medical records, accident reports, photographs of the accident scene and your injuries, insurance information, and any correspondence with the insurance company. This information will help your attorney assess the strength of your case and provide you with the best possible advice.