A hit-and-run incident on State Route 87 near the Almaden Expressway on-ramp in San Jose has highlighted the ongoing issue of drivers fleeing accident scenes. The incident, which occurred on November 29, 2024, involved a red Lexus sedan striking a silver Honda CR-V before leaving the scene.
Incident Details
At approximately 12:32 PM, emergency services responded to reports of a collision on the northbound side of SR-87. The impact caused the Honda CR-V’s airbags to deploy, leaving the vehicle undriveable on the right-hand side of the roadway. While no injuries were reported, the incident disrupted traffic flow until approximately 12:54 PM when lanes were cleared.
Legal Implications of Hit-and-Run Accidents
Under California Vehicle Code Section 20002 (for property damage) and Section 20001 (for accidents involving injury), leaving the scene of an accident is a serious offence. Drivers involved in collisions are legally required to:
- Stop immediately at the scene
- Exchange information with other involved parties
- Provide reasonable assistance to injured persons
- Contact law enforcement if there are injuries or significant property damage
The legal aftermath of a hit-and-run accident often extends far beyond basic traffic violations. When a driver flees the scene, they not only face criminal charges but also significantly strengthens the victim’s civil case. California courts often view hit-and-run behavior as particularly egregious, which can lead to enhanced penalties and potentially higher civil settlements.
The driver’s flight from the scene can be used as evidence of consciousness of guilt, potentially implying impairment, lack of insurance, or other serious violations. Additionally, if the fleeing driver was operating a commercial vehicle or was on company time, their employer could face vicarious liability and potential punitive damages.
Even if the driver is never found, victims may still have legal recourse through their own insurance policies’ uninsured motorist coverage, which typically treats hit-and-run incidents similarly to accidents with unidentified drivers. However, timely reporting and thorough documentation are crucial, as insurance companies often scrutinize hit-and-run claims more closely due to the potential for fraud.
Impact on Insurance Claims
Hit-and-run incidents can significantly complicate insurance claims. Victims should:
- Document everything immediately after the incident
- File a police report as soon as possible
- Contact their insurance company promptly
- Check if their policy includes uninsured motorist coverage
- Consider seeking legal representation to protect their rights
Hit-and-run accidents present unique challenges for insurance claims that often require strategic navigation. While traditional accident claims involve straightforward interactions between two insurance companies, hit-and-run victims must often rely on their uninsured motorist coverage (UM) or collision coverage for compensation.
However, many victims don’t realize that their UM coverage can apply even if the fleeing driver is never identified, provided they report the incident promptly and can prove actual physical contact occurred with the fleeing vehicle. Insurance companies typically require immediate reporting of hit-and-run incidents and may deny claims if too much time passes before notification.
Additionally, victims should be aware that their insurance company might initially resist paying full value for these claims, making it crucial to document everything thoroughly – from photographs of the damage and scene to witness statements and police reports. Even seemingly minor details, like paint transfers or debris left at the scene, can become critical evidence in substantiating your claim and ensuring fair compensation.
Steps to Take If You Witness a Hit-and-Run
Witnesses play a crucial role in hit-and-run investigations. If you witness such an incident:
- Note the fleeing vehicle’s description, including make, model, colour, and license plate
- Record the direction of travel
- Take photos or videos if safe to do so
- Provide your contact information to the victim
- Report the information to law enforcement
The first few minutes after witnessing a hit-and-run are crucial for gathering evidence that could help identify the fleeing driver. If you have a smartphone, try to record video of the fleeing vehicle rather than just taking photos – video can capture multiple angles and potentially record the license plate even if it’s partially obscured or moving quickly.
If safe to do so, position yourself to note identifying characteristics beyond just colour and make – look for distinctive features like bumper stickers, window tints, aftermarket modifications, or damage to other parts of the vehicle. Keep in mind that modern vehicles often have unique LED light patterns or distinctive headlight/taillight designs that can help identify specific models and years.
When providing your statement to law enforcement, avoid making assumptions about the driver’s intent or state of mind; instead, focus on objective observations about vehicle behaviour, speed, and direction of travel. Additionally, if you notice any nearby businesses or residences with security cameras facing the road, point these out to both the victim and law enforcement, as footage may need to be requested quickly before it’s automatically deleted.
Prevention and Safety Measures
To protect yourself in case of a hit-and-run:
- Install dashboard cameras in your vehicle
- Maintain comprehensive insurance coverage
- Be aware of your surroundings while driving
- Note nearby traffic cameras or security cameras if an incident occurs
Modern technology has become a crucial ally in preventing and documenting hit-and-run incidents. While dashboard cameras are becoming increasingly popular, many drivers don’t realize the importance of installing dual-facing cameras that record both front and rear views, as hit-and-run collisions often occur from behind.
Quality dash cams with night vision capabilities and automatic incident detection can provide crucial evidence if a collision occurs. Beyond technology, defensive driving techniques specific to avoiding hit-and-run scenarios include maintaining extra space around your vehicle in high-risk areas like highway merge points and intersections where drivers might attempt to flee.
It’s also wise to be particularly cautious around vehicles with obvious damage or temporary plates, as these can be indicators of previous hit-and-run incidents or uninsured drivers more likely to flee. Parking strategies also play a role – choosing well-lit areas with security cameras and positioning your vehicle to make it difficult for another car to strike it and leave unnoticed can significantly reduce your risk of becoming a hit-and-run victim.
Legal Resources for Victims
Hit-and-run victims have several legal options, including:
- Filing a claim with their insurance
- Pursuing compensation through uninsured motorist coverage
- Taking legal action if the fleeing driver is identified
- Seeking assistance from victim compensation programs
Beyond traditional legal channels, hit-and-run victims should be aware of several specialized resources available to them in California. The state’s Victim Compensation Board (CalVCB) offers financial assistance for victims who meet certain criteria, potentially covering medical expenses, lost wages, and even mental health counselling.
Additionally, many local police departments have dedicated hit-and-run investigation units that work closely with traffic safety organizations to identify patterns and track down repeat offenders. Online databases and social media networks have also become powerful tools in solving hit-and-run cases, with community alert systems often helping to locate fleeing vehicles.
Organizations like California’s Highway Patrol have established specific hit-and-run reporting hotlines, and some regions now offer rewards for information leading to the arrest of hit-and-run drivers. Working with an experienced attorney can help victims navigate these various resources effectively, ensuring they don’t overlook potential avenues for investigation and compensation.
Hit-and-run settlement calculators, typically use basic multipliers based on medical bills and property damage, but they can’t factor in critical elements like the emotional trauma of being abandoned at an accident scene, the additional investigative costs involved in identifying the fleeing driver, or the potential for punitive damages if the driver is found.
In hit-and-run cases, settlements often include compensation for the added stress and complications caused by the driver’s illegal flight from the scene. The true value of a hit-and-run case often depends on factors that no calculator can quantify, such as the strength of witness testimony, available surveillance footage, and the skill of your legal team in building a compelling case, whether the fleeing driver is found or not.
At GJEL, we ensure all evidence is properly preserved and all potential sources of compensation are thoroughly investigated while families focus on healing. Talk to an experienced GJEL accident attorney for a free legal consultation. Call us now at +1 415-986-4777 to talk to the experts.
Moving Forward
“Having handled numerous hit-and-run cases along the SR-87 corridor, I understand the frustration and sense of injustice victims feel when another driver flees the scene. While this incident fortunately didn’t result in injuries, the trauma of being abandoned after a collision can be deeply distressing. If you were involved in this incident, it’s crucial to understand that you have rights and options, even if the other driver isn’t immediately found. Our experience has shown that prompt action in these cases – gathering surveillance footage, interviewing witnesses, and working with law enforcement – significantly increases the chances of identifying the responsible party. Don’t let the fact that the other driver fled discourage you from seeking justice. At GJEL, we’re committed to holding hit-and-run drivers accountable, not just for individual victims, but to make our San Jose roads safer for everyone. Whether the other driver is found or not, you may be entitled to compensation through various channels, and we’re here to help you understand and pursue all available options.”- Andy Gillin, GJEL Accident Attorneys
This incident serves as a reminder of the importance of responsible driving and the serious consequences of leaving an accident scene. Victims of hit-and-run accidents should know they have legal rights and options for recovery, even when the other driver flees the scene.
Our experienced team can help you understand your options and pursue the compensation you deserve. Let our experienced legal team shoulder the legal burden while you focus on what matters most – your family’s healing and recovery. Contact us today at +1 415-986-4777 or visit our Concord office for a free legal consultation.
For assistance and resources specific to San Jose and the SR-87 hit-and-run incident:
Emergency Contacts:
- Emergency: 911
- San Jose Police Department (Non-Emergency): (408) 277-8900
- California Highway Patrol (CHP) San Jose Office: (408) 467-5400
Report a Hit-and-Run:
- San Jose Police Department Traffic Investigations Unit: (408) 277-4654
- Online Traffic Accident Report: www.sjpd.org
- CHP Traffic Incident Information: (800) 835-5247
Local Resources:
- San Jose Department of Transportation
- Traffic Safety: (408) 535-3850
- Traffic Operations: (408) 535-3840
Additional Resources:
- Santa Clara County District Attorney’s Office: (408) 299-7400
- CHP Online Accident Report Request: www.chp.ca.gov
- San Jose Police Department Traffic Safety Unit: (408) 277-4341
To Report Information About This Incident:
- CHP San Jose Area Office: (408) 467-5400
- Anonymous Tip Line: (408) 277-8911
Traffic Updates:
- 511 Bay Area Traffic: Call 511 or visit 511.org
- CHP Traffic Incident Page: cad.chp.ca.gov
For the most current contact information and hours of operation, please verify directly with these agencies as details may have changed.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.