Hit and Run Crash Kills Motorcyclist

 

A motorcyclist was killed in an hit-and-run accident in Los Angeles on Tuesday evening. Police officers are currently searching for the driver who fled the scene of the accident.

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According to¬†ABC7 News, the incident took place on Tuesday evening at 8:30pm between a black sedan and the motorcyclists. The impact caused the motorcyclist to “careen into a parked van.” The accident triggered a chain reaction where two other vehicles collided in the same intersection. At the time of the incident, it was unknown whether or not the driver and their passengers were suffering from injuries.

Officials are expected to announce a $50,000 reward to help track down the hit-and-run driver. The suspect is a male in his late 20s or early 30s.

As an accident attorney, we see often see the affects of hit-and-run accidents. Not only on those suffering, but on their friends and families as well.

Auto Accident Attorney | California’s Mandatory Helmet Law

California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803

“(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle. “

(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a). “

(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a). “

(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways. “

(e) For the purposes of this section, ‘wear a safety helmet’ or ‘wearing a safety helmet’ means having a safety helmet meeting the requirements of Section 27802 (see :Standards” below) on the person’s head that is fastened with the helmet straps and that is of a size that fits the wearing person’s head securely without excessive lateral or vertical movement. “

(f) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.”

Accident Lawyer | Hit-and-Run Sentencing and Punishment

It is no secret that leaving the scene of an accident can get you into trouble. Especially if the person you hit suffers from life threatening injuries or dies due to negligence. California law authorizes the sentencing for a conviction of a hit-and-run pursuant to two vehicle codes.

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Car Accident Attorney | CVC 20001(B)(1). Hit-and-Run Causing Injury

As an auto accident attorney, we can tell you that in California, a hit-and-run that causes injury to someone other than yourself is known as a “wobbler.” This means that the prosecution can charge you with a misdemeanor or felony. The charges you face will depend on how serious the accident was. It will also depend on whether or not you have a criminal history.

If facing a conviction of a misdemeanor violation of this code, you may face the following punishment:

  • Jail time for a up to a year;
  • Fines ranging from $1,000 to upwards of $10,000;

If facing felony under CVC 20001(b)(1), you face the following:

  • Up to three years in prison;
  • Fines ranging from $1,000 to $10,000

With that, any accident lawyer will advise that you do not flee the scene. Even if you flee because the other party suffers from injuries. It is far better to remain at the scene of the accident than deal with the fines and/or jail time.

Car Accident Lawyer | CVC 20001(b)(2). Hit-and-Run Causing Bodily Injury or Death

Orange County car accident attorney Silverthorne Attorneys can attest that there are also serious consequences involving a hit-and-run accident. Where there are serious bodily injuries or death. Due to the serious nature of the crime, penalties are more severe.

Misdemeanor punishment can include the following:

  • Minimum of 90 days in jail and up to one year;
  • Fines ranging from $1,000 to $10,000

Conviction of a felony violation may include the following:

  • Up to four years in prison;
  • Fines ranging from $1,000 to $10,000

As a car accident lawyer, we see many different cases that are not unlike the one above. Where someone left the scene of the accident and someone lost their life. It is indeed a tragedy when this happens. But if you leave the scene of the accident and the victim dies, you are looking at vehicular manslaughter. To demonstrate, vehicular manslaughter, as put in Penal Code Sections 191.5 or 192(c)(1), sees an enhanced punishment of an additional five consecutive terms in prison.

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Auto Accident Attorney | Additional Consequences of Hit-and-Run Conviction

As an accident attorney, we of course are always wanting people to be safe on the road. Not only to keep themselves safe, but to keep those around them safe as well. Additional consequences of a hit-and-run conviction include:

  • Two points to your driving record for a hit-and-run conviction;
    • If you receive four points in a 12-month period, your license can be suspended for a minimum of six months.
      • Depending on your driving record and any previous accidents or convictions, your license will face suspension in addition to the hit-and-run punishment you face.
  • Car insurance rates will sky rocket or your insurance company will drop you;
  • If there was any property damage, the owner would be likely to sue you. You will likely be liable for the amount that your insurance company will not cover.
  • If someone dies due to the accident, not only will you face criminal punishment for vehicular manslaughter, but the family of the victim(s) can sue you for wrongful death.

As you know, being involved in a hit-and-run accident is a very serious offense. Car accident attorney Silverthorne Attorneys urges you, even if you are scared, do not flee the scene of an accident.

If you are suffering from injuries due to the negligence of another, contact an auto accident attorney in our office today. Consultations are free!

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