Recent Car Accident Case Study: Lessons Learned

Did you know that 4.7 million passenger cars were involved in motor vehicle accidents in a recent year? The complex circumstances behind a car accident must be investigated to determine liability.

Even if you are not at fault for an accident, it is in your best interest to know the laws of the state you are driving in to ensure you can receive full compensation for any injuries or damage to your vehicle.

Our California car accident lawyers would like to share their legal insight on a recent hit-and-run case that took place in Oakland.

Case Example: Hit-and-Run

The accident took place south of the Lincoln Avenue exit on the evening of November 19th. A person driving a Zipcar rental crashed into another vehicle (Vehicle #1), disabling the Zipcar.

Vehicle #1 fled the scene of the accident.

The two people in the Zipcar got out of the vehicle, but the passenger was killed when the driver of another vehicle (Vehicle #2) swerved to avoid hitting the Zipcar. The driver of the Zipcar did not suffer injuries.

Vehicle #2 also fled the scene of the accident.

This is a prime example of a double hit and run. Let’s examine liability for the drivers of vehicles #1 and #2, as well as the Zipcar driver.

Liability of Vehicle #1 Driver: California Vehicle Code 20002 states that “the driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.”

Even though the driver of vehicle #1 did not cause the accident, the individual had an obligation to pull over since the accident did result in damage to the Zipcar.

In not fulfilling the responsibilities as stated in the law, driver of vehicle #1 committed a misdemeanor hit-and-run, punishable by up to six months in county jail and a fine of up to $1,000.

Liability of Vehicle #2 Driver: California law stipulates that if you are the driver in an accident that results in injury or death to another person, you must provide your personal contact and vehicle information, and provide reasonable medical assistance.

Failing to do so is a felony hit-and-run, punishable by up to four years in county jail, with a minimum of 90 days of imprisonment, and a fine between $1,000 to $10,000.

Liability of Zipcar Rental Driver: The Zipcar driver is liable for the initial crash. Even though Zipcar owns the car, under the Graves Amendment, Zipcar would not be held responsible for an accident caused by a driver renting one of their vehicles.

Injured in a Car Accident? Contact a California Car Accident Lawyer Today

You may think that your car accident claim is straightforward, but even minor details must be examined before you can receive compensation. If you have been injured in a car accident, the car accident lawyers at the Law Offices of Bamieh & De Smeth, PLC, are here to help. Contact us through our form online or by calling 805-643-5555 to schedule your complimentary consultation.