A hit-and-run incident at the intersection of South Bascom Avenue and Foxworthy Avenue in San Jose has brought attention to the critical issue of driver responsibility and legal obligations following an accident. While this December 15th incident fortunately resulted in no injuries, it serves as an important reminder of proper post-accident protocols and legal requirements.
Incident Details and Timeline
The collision occurred at approximately 11:57 AM, involving a grey Mercedes and another vehicle. Despite the impact, the reporting party’s vehicle remained drivable, and they safely manoeuvred to Camden Avenue’s right-hand side. A notable development occurred when the family members of the Mercedes driver later approached the scene, acknowledging awareness of the incident.
The sequence of events unfolded rapidly:
- 11:57 AM: Initial collision occurs at the intersection
- 11:58 AM: Mercedes driver acknowledges the collision but leaves the scene
- 12:00 PM: Reporting party safely positions their vehicle on Camden Avenue
- 12:09 PM: Family members of the Mercedes driver arrive at the scene
This timeline highlights several critical moments where proper accident protocols should have been followed. The fact that the Mercedes driver initially acknowledged the collision before departing makes this a clear hit-and-run case under California law, despite the later arrival of family members.
The reporting party’s quick thinking in documenting the incident and maintaining a safe position demonstrates exemplary post-accident behaviour that can significantly impact subsequent legal proceedings.
Legal Implications of Leaving the Scene
This incident highlights several critical legal considerations under California law:
- Mandatory Stop Requirements California Vehicle Code Section 20002 requires all drivers involved in accidents to:
- Immediately stop at the scene
- Exchange information with other involved parties
- Provide reasonable assistance to injured persons
- Wait for law enforcement if required
- Hit-and-Run Consequences Even in cases without injuries, leaving the scene of an accident can result in:
- Misdemeanor criminal charges
- Fines up to $1,000
- Potential jail time of up to 6 months
- Points on driving record
- Civil liability consequences
- Aggravating Factors and Enhanced Penalties The circumstances of this particular incident present several legally significant factors:
- The driver’s initial acknowledgement of the collision proves awareness
- The subsequent decision to leave demonstrates a willful violation
- Family members’ later arrival may indicate premeditation or attempted intervention
- The intersection location could involve traffic camera evidence
Additionally, under California’s civil code, leaving the scene can:
- Void certain insurance coverage protections
- Result in punitive damages in civil cases
- Lead to license suspension or revocation
- Impact future insurance rates and coverage eligibility
- Create presumptions of fault in civil proceedings
The arrival of family members, while potentially helpful for identification purposes, does not mitigate the initial legal violation of leaving the scene. This demonstrates the importance of drivers understanding that only they can fulfill their legal obligations at an accident scene.
Important Steps Following a Hit-and-Run
If you find yourself in a similar situation:
- Immediate Actions
- Ensure your safety by moving to a secure location if possible
- Document everything you can about the other vehicle
- Take photos of any damage and the scene
- Collect witness information and statements
- File a police report immediately
- Documentation Needs
- Note the time, location, and weather conditions
- Record any vehicle descriptions, including make, model, and colour
- Obtain surveillance footage from nearby businesses if available
- Keep records of all related expenses
3. Critical First Hours In the crucial period immediately following a hit-and-run, taking these specific actions can significantly impact your case:
- Call 911 even if there are no injuries to establish an official record
- Use your smartphone to photograph or video record the entire scene, including skid marks, debris patterns, and traffic signal configurations
- Look for and photograph any parts that may have fallen from the fleeing vehicle
- Canvas the area for security cameras from nearby businesses, traffic cameras, or doorbell cameras
- Write down your immediate recollection of events while your memory is fresh
- Use your phone to record verbal statements from witnesses, including their contact information
- Document any unusual circumstances such as road construction, weather conditions, or malfunctioning traffic signals
- Preserve any physical evidence by taking photos with size references (such as coins or rulers) in the frame
Role of Family Contact in Hit-and-Run Cases
The fact that family members of the Mercedes driver later approached the scene raises interesting legal considerations:
- While positive that contact was made, it doesn’t negate the initial hit-and-run violation
- Family contact can assist in resolution but doesn’t replace proper driver responsibilities
- Documentation of this contact becomes crucial for any subsequent legal proceedings
Preventive Measures and Safety Recommendations
To protect yourself in similar situations:
- Install a dashboard camera
- Keep emergency contacts readily available
- Have your insurance information easily accessible
- Know your rights and responsibilities in accident situations
Insurance and Compensation Considerations
Even in hit-and-run scenarios where the other driver is identified:
- Document all communication with the other party’s family or representatives
- Contact your insurance company promptly
- Consider consulting with a legal professional before accepting any settlements
- Maintain records of all accident-related expenses
Advanced Compensation Strategies: The identification of the hit-and-run driver’s family in this case presents unique insurance considerations. Multiple insurance policies may come into play:
- The registered owner’s policy
- The driver’s auto policy (if different from the owner’s)
- Umbrella policies that may provide additional coverage
- Resident relative policies that might apply
When dealing with family members of the responsible party:
- Never accept direct cash payments without proper documentation
- Be cautious of informal settlement agreements
- Document all conversations and promises made
- Consider the potential liability of vehicle owners versus drivers
- Verify all insurance information provided by family members
Insurance companies often handle hit-and-run claims differently when the responsible party is later identified. This can affect:
- Deductible requirements
- Coverage limits
- Claims processing timelines
- Settlement negotiation strategies
- Subrogation opportunities
Understanding these nuances can significantly impact your ability to receive full compensation for your damages.
Hit-and-run settlement calculators are essential tools that help attorneys and insurance adjusters evaluate fair compensation in these complex cases. These specialized calculators factor in unique elements specific to hit-and-run incidents, including property damage, medical expenses, lost wages, and potential future costs.
They’re particularly valuable because they consider additional damages that may arise from the hit-and-run nature of the incident, such as emotional distress from the uncertainty and trauma of being left at the scene, additional expenses incurred while identifying the responsible party, and costs associated with using uninsured motorist coverage.
While these calculators provide baseline valuations by factoring in damages like property damage, medical expenses, and lost wages, GJEL’s attorneys enhance their effectiveness by applying decades of practical experience in California hit-and-run cases.
Our attorneys understand that each case is unique, and we use these calculators alongside our deep knowledge of local courts, insurance company tactics, and previous case outcomes to maximize settlement values.
Our track record shows that while calculators provide important baseline figures, it’s the strategic application of this data by experienced attorneys that truly maximizes compensation for hit-and-run victims.
Experienced GJEL hit-and-run attorneys can provide a more accurate assessment based on their knowledge of similar cases and current legal precedents. Call us now at +1 415-986-4777 to talk to the experts. Our compassionate GJEL accident attorneys are always available to discuss your case, and you pay nothing unless we win. Let our experienced legal team shoulder the legal burden while you focus on what matters most – your family’s healing and recovery.
Moving Forward
“As someone who has spent decades representing hit-and-run victims in San Jose and throughout California, I understand how frustrating and unsettling it can be when another driver flees the scene of an accident. While this particular incident fortunately didn’t result in injuries, the driver’s decision to leave the scene is both legally and ethically concerning. Even though family members later came forward, this doesn’t excuse the initial violation of leaving the scene. If you were involved in this incident at South Bascom and Foxworthy, or any similar hit-and-run situation, it’s crucial to act quickly to protect your rights. The initial documentation you gather, including photos, witness statements, and the fact that the driver’s family made contact, can make a significant difference in your case. Our team at GJEL has extensive experience handling the unique challenges of hit-and-run cases, including dealing with complex insurance issues and family interventions like in this situation. I encourage you to reach out to us for a free consultation – we can help ensure that all proper procedures are followed and that your interests are fully protected, especially when dealing with insurance companies or representatives of the other party.”- Andy Gillin, GJEL Accident Attorneys
If you’ve been involved in a hit-and-run accident, contact GJEL Accident Attorneys for a free consultation to understand your legal options and ensure your rights are protected. GJEL offers free consultations and charges no fees unless we win your case.
Our experienced team is available 24/7 to protect your rights and help you navigate the complex aftermath of a hit-and-run accident. 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 or visit our Fresno office and talk to the experts.
Important Resources and Contacts
Law Enforcement and Traffic Authorities
- San Jose Police Department Traffic Unit
- Hit-and-Run Investigations: (408) 277-4654
- Emergency: 911
- Non-Emergency: (408) 277-8900
- Report a Traffic Incident Online: www.sjpd.org/online-reporting
- Traffic Investigation Unit Email: traffic.unit@sanjoseca.gov
Additional Traffic Resources
- San Jose Department of Transportation
- Traffic Safety: (408) 535-3850
- Traffic Signal Operations: (408) 535-3837
- Website: www.sanjoseca.gov/transportation
- California Highway Patrol (CHP) – San Jose Office
- Address: 2020 Junction Ave, San Jose, CA 95131
- Phone: (408) 467-5400
- Accident Reports: www.chp.ca.gov/programs-services/services-information/collision-reports
Insurance and Legal Support
- California Department of Insurance Consumer Hotline
- Phone: 1-800-927-4357
- Website: www.insurance.ca.gov
For immediate assistance with your hit-and-run case, contact GJEL Accident Attorneys:
- 24/7 Free Consultation: 1-866-218-3776
- San Jose Office: (408) 955-9000
- Website: www.gjel.com
Emergency Medical Services
- Santa Clara Valley Medical Center
- Emergency: (408) 885-5000
- Address: 751 S Bascom Ave, San Jose, CA 95128
Remember to keep all documentation related to your accident, including police report numbers, insurance claim numbers, and any correspondence with involved parties or their representatives.
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.