Sacramento Pedestrian Injured in Traffic Collision
A pedestrian injured in a recent Sacramento traffic collision by a hit and run driver may have been targeted by the motorist. The accident occurred shortly after 9:30 in the evening in the Florin area around Florin Road and 65th Street, according to the California Highway Patrol (CHP) incident report that was issued. Second-hand information from a representative of the Sacramento Fire Department said that the driver may have intentionally swerved to hit the woman. The woman involved in the collision believed that she may have suffered a broken foot as a result. She was taken to an undisclosed hospital in the area for treatment. The CHP is actively investigating the accident at this time.
Intentional Acts of Negligence
When someone acts in a way that infringes on the safety of another person, the wrongful act is called a tort. When that act involves someone behaving in a purposeful manner, it is an intentional tort. On the other hand, if the injury or damage a person suffers is due to to a reckless or careless act, the case is based on negligence. The majority of auto accidents are the result of driver error, reckless behavior, or carelessness. In some cases, they are not. For instance, a fight that started at a local bar may take to the highway where one driver intentionally rams another. This is an intentional act. If a driver purposely strikes a pedestrian, it too could be considered intentional. In either case, the injured party has the right to collect damages.
Criminal Cases
Many times, the intentional act by another person is prosecuted by the state. In this case, the evidence must prove beyond a reasonable doubt that the person was guilty of the crime. On the other hand, a civil case is based on the preponderance of the evidence, a lower form of proof. In such instances, the verdict in a criminal case can be used in the civil case.
An example of this happens in some DUI cases. Let’s say a pedestrian injured by an impaired motorist dies after the crash. The family can file for wrongful death. If the driver had been convicted of a previous DUI, they can be charged with second-degree murder. In this case, the pedestrian was not targeted. However, here, the drunk driver intentionally committed the action by driving while impaired, knowing this was dangerous to others. The drunk driver, having been convicted of a previous DUI, would have read or become aware of a warning in California that driving drunk is dangerous to the lives of others. It also says that an additional conviction could result in murder charges being filed. This is called a Watson warning or admonition.
Hit and Run Driver
Hit and run drivers are common in the state. This often occurs because the driver wants to hide their responsibility, the fact they were drunk or their lack of insurance or a driver’s license. Clearly, if the driver sought to injure someone intentionally, they would also want to hide who they were. Regardless of why the driver flees, pedestrians and other motorists worry who will pay for the damages they sustained. In California, uninsured/underinsured insurance can help. If you are out walking and a driver hits you and flees, your uninsured motorist insurance can pay for the damages. Alternately, if you do not have this coverage but another family member living with you does, their uninsured motorist insurance can also cover you. In such cases, neither you nor your family member’s insurance rate will be increased.
What an Attorney Can Do for You
Our firm works hard to obtain the compensation you need and deserve. We dispatch our investigators to the scene of the accident to look for evidence of why the crash happened. When a fleeing driver is involved, we use our own established protocol to help find the individual. We also interview witnesses and check police reports for mistakes. If possible, we also use videos from nearby businesses and traffic lights to see the accident in progress. Once we have accumulated this information, we provide the data to our lawyers who use it while structuring a strong case in your favor.
Sacramento Car Accident Lawyer
I’m Ed Smith, a Sacramento car accident lawyer. If a pedestrian is struck by a motor vehicle, it often results in severe injuries. However, if the accident injury is caused by negligence or an intentional act, the injured person may place a claim for fair compensation. These financial damages can recover medical costs, pain and suffering, and lost wages. I can be contacted at (916) 921-6400 within Sacramento County or free of charge at (800) 404-5400 if the call is long-distance. I also offer an online form, which is easy and quick.
It can be difficult to decide which lawyer to call when there are so many to pick from, and this is why I include the following links to client reviews and cases my firm has handled:
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Since 1982, I’ve successfully helped Northern California residents in many traffic collision cases and traumatic injuries as well as wrongful deaths.
Photo Attribution: Depositphotos_73284129_l-2015
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