Can I Sue For A Hit-and-Run Accident?

If you were injured in a hit-and-run accident in California, you may wonder, “Can I sue for a hit-and-run accident?” California is an at-fault jurisdiction, which means that the driver who caused the accident may be held responsible for the damages they caused. However, if the driver who caused the hit-and-run does not have automobile liability insurance coverage, they may face personal liability for the injuries and damages suffered by the other party. Our hit-and-run accident attorney can help you understand your legal options and help you decide on the courses of action you can take for your particular case.

Jurisdictions in the United States are either at-fault jurisdictions or no-fault jurisdictions. California is an at-fault jurisdiction, meaning that accident victims must establish that the other driver caused the accident. Also, all drivers who operate motor vehicles in California must have automobile liability insurance. A driver who causes an accident and does not have liability insurance may be found personally responsible for the injuries and property damage of the other party.

Those who suffer injuries during automobile accidents might be able to seek financial compensation by filing a civil lawsuit against the driver. Possible damages may be economic (tangible, such as property damage) or non-economic (intangible, such as pain and suffering). In rare cases, an injured victim may be able to pursue punitive damages. These types of damages are intended to punish the defendant for gross negligence and deter the defendant from committing the same act in the future. Arash Law works to help injured clients seek compensation against negligent parties for their accident-related injuries and losses.

The Elements Of Negligence: Pursuing Financial Compensation For Your Injuries

An injured party must establish four elements when seeking financial compensation for injuries suffered during a hit-and-run accident. The following are the four elements of negligence:

• Duty of Care
• Breach of Duty
• Causation
• Damages

The injured party must show that the other driver breached their duty of care, which is measured by how a reasonably prudent person would act under similar circumstances. For example, during a blizzard or rainstorm, a driver is expected to adjust their driving to match the weather conditions. If they failed to do so and caused a crash, they are considered to have breached that duty.

The injured party must next establish that the breach constituted the actual and proximate cause of the injuries suffered by the plaintiff. Lastly, the injured party must prove that they suffered damages as a result of the hit-and-run accident.

The following are some of the common damages associated with hit-and-run accident cases:

• Psychological suffering.
• Permanent disfigurement, physical impairment, disabilities, and physical scarring.
• Loss of enjoyment of life.
• Diminished quality of life.
• Physical pain, emotional suffering, and psychological trauma.
• Lost future earnings.
• Lost benefits, lost wages, and diminished earning potential.
• Hospice care costs.
• Medical treatment bills.
• Costs of surgical procedures.

Property damage is a separate part of a claim and typically includes costs for automobile repair or replacement. While property damage can be considered as part of a victim’s economic damages, it is distinct from other types of losses, such as medical expenses or lost wages. Non-economic damages refer to intangible losses, like pain and suffering.

Do I Have The Right To Sue If I Was Injured In A Hit-and-Run Accident?

Sometimes, after a hit-and-run accident, it may not be immediately clear who was at fault or even who was involved in the accident. This can leave injured victims wondering if they have any legal option to seek compensation for their injuries and losses. The key question in these cases is often, “Can I sue for a hit-and-run accident?”

The answer is likely yes since these crashes are often caused by negligence. However, your individual ability to seek compensation after being injured in a hit-and-run incident depends on local laws and the availability of insurance coverage, and the process can be complex if the responsible driver cannot be found.

One important factor is the identity of the hit-and-run driver. Sometimes, a party may have seen the license plate number on the hit-and-run driver’s automobile. Having the license plate number may make it easier to find and file legal claims against the responsible party.

In some cases, a civil lawsuit can be filed against the vehicle owner if it is shown that they gave permission for another person to drive their car, and that person was responsible for the hit-and-run accident. Owner liability varies by state and depends on whether the driver had permission to use the vehicle.

Identifying the hit-and-run driver is often an important step in pursuing a civil lawsuit. However, when the driver’s identity is unknown, it may limit your available legal options.

What Options Do I Have If I Did Not Obtain The Hit-and-Run Driver’s License Plate Number?

Your ability to sue for a hit-and-run accident will depend on the specifics of your case. If you were unable to identify the other driver, you may be limited to filing an insurance claim. Consider consulting with our hit-and-run accident attorneys. We can review your case and help you understand your options, as well as identify all potential avenues for seeking compensation.

If you’ve been injured in a hit-and-run accident and were unable to obtain the license plate number of the other driver, you may still have options for pursuing compensation. Filing an uninsured motorist claim or an underinsured motorist claim with your own insurance company could help you seek compensation for injuries sustained in the accident.

An injured party with this type of insurance may be able to file a claim against their own insurance company for physical suffering, lost earnings, and medical expenses. However, not all automobile liability insurance policies have uninsured motorist and underinsured motorist coverage.

Insurance companies must offer uninsured and underinsured motorist coverage up to a specific amount, although policyholders are not required to purchase it. If you are unsure whether you have this coverage, review your automobile insurance policy or request a signed waiver from your insurance company if you declined UM/UIM coverage.

Being Involved In A Hit-and-Run Accident Without Suffering Physical Injuries

Property damage claims are typically resolved through insurance rather than civil lawsuits. If you did not suffer physical injuries in a hit-and-run accident, your claim may be limited to property damage. If the insurer denies liability and the hit-and-run driver is identified, filing a lawsuit may be considered.

Several factors can determine whether it is beneficial to file a civil lawsuit solely to assert a property damage claim. Consult with our hit-and-run accident lawyer to understand the options available to parties with property damage claims.

Parties Who Suffer Only Severe Emotional Distress

Some individuals who are victims of hit-and-run drivers may suffer severe emotional distress as a result of the hit-and-run accident. The following are some of the common examples of emotional distress:

• Disturbed Sleep
• Post-Traumatic Stress Disorder (PTSD)
• Flashbacks
• Night Terrors
• Grief
• Depression
• Persistent Fear
• Anxiety
• Emotional Trauma
• Mental Suffering

Individuals who suffer severe emotional distress may need psychological counseling and a long period of recovery. Depression, anxiety, and PTSD are three common conditions suffered by those who deal with emotional distress. A person suffering from emotional distress may be unable to work or take care of their home environment.

In some states, it is necessary that an injured party suffer physical injuries if they want to seek financial compensation for the severe emotional distress in a hit-and-run car accident settlement. Many states presume that those who suffer physical injuries also experience emotional distress and allow them to pursue compensation for both. California is the exception to the general rule. In certain scenarios, those injured in a hit-and-run crash in California may file a civil lawsuit only for emotional distress without having sustained any physical injuries.

The Statute Of Limitations And Personal Injury Actions

Time limits apply to personal injury actions in the United States. The statute of limitations period is the time during which an injured party must file a legal claim. If the injured party attempts to file outside the statute of limitations period, the claim will be dismissed.

In California, individuals who file civil lawsuits against private parties must file their legal claims within two years of the date of the injury. If a party wants to file a civil lawsuit against a governmental entity, such as a state, county, or city, the injured party must file within six months of the date of the injury.

Specific factors can also create exceptions for when the statute of limitations period begins. Consulting a hit-and-run accident attorney can help you better understand the statute of limitations period in California and how it may apply to your case.

The Time During Which An Injured Party Can Sue Another Party

California has two statutes of limitation periods. The first statute of limitations period applies to personal injury actions. The statute of limitations period for personal injury actions in California is two years from the date of the injury.

Individuals who want to file legal claims for property damage must file them within three years of the date of the property damage. Property damages typically involve the vehicle repair cost. It may require long periods of time for an injured party to have their automobile repaired. Also, a party may need to pay for additional repairs after a mechanic assesses the property damage.

Hit-and-run accident lawyers in California understand how to help clients understand all the details associated with the statute of limitations. Prospective clients need to know how the statute of limitations period may affect their legal claims.

Negligent Infliction Of Emotional Distress Claims

The following elements must be proved if an individual asserts a negligent infliction of emotional distress claim:

• The other party was negligent.
• The injured party suffered severe emotional distress due to the accident.
• The other party’s negligent behavior directly caused the injured party’s severe emotional distress.

An individual who asserts a negligent infliction of emotional distress claim must have suffered severe emotional distress. It can be difficult for some parties to prove they suffered severe emotional distress without having suffered physical injuries.

Additionally, it must be established that the hit-and-run accident was caused by the liable party’s negligence. In court, the jury must also determine if a reasonably prudent person under the same circumstances would be able to deal with the severe emotional distress and psychological suffering caused by the hit-and-run accident.

The reasonably prudent person is a fixed constant in negligence law. The jury must determine what a reasonable person will experience after reviewing the facts in the case. The jury may find that a reasonably prudent person will experience severe emotional distress from a specific hit-and-run accident. Outcomes can vary since juries may differ in how they interpret the facts and the severity of the emotional suffering.

Hit-And-Run Accident Cases In California And Wrongful Death Claims

Hit-and-run accidents cause fatalities every year in California. Many automobile accidents can cause death, and it may be challenging for surviving family members to learn that their loved one died after being abandoned at the accident scene by a hit-and-run driver.

If eligible, those who have lost a family member due to a hit-and-run accident have two years from the date of the decedent’s death to file a wrongful death claim. The statute of limitations period may not begin to run on the date of the hit-and-run accident. It may be some time after the date of the hit-and-run accident that the decedent succumbs to their injuries and dies.

If the decedent died at a later date, it might be difficult to seek financial compensation from the party who was responsible for causing the accident. For example, arguments could be made that other medical conditions caused the decedent’s death.

Connecting the responsible party to the decedent’s death can be difficult if the decedent did not pass away until after the hit-and-run accident. Our hit-and-run accident lawyers can help investigate your case and gather evidence to support a valid claim.

Small Claims Court And The Statute Of Limitations Period In California

Small claims courts can be busy in California. In 2017, the California Court Statistics Report stated that approximately 160,000 small claims were filed in California. Lawyers cannot represent clients in small claims courts. However, the following issues are relevant to many legal issues associated with small claims courts:

• An individual may file only two small claims that exceed $2,500 in any given year. No limitation exists for small claims below $2,500.
• Sole proprietorships are defined as individuals. Other types of businesses are limited to claims of up to $5,000.
• An individual cannot pursue an amount above $10,000 in a small claims court in California.

Victims seeking compensation for minor accidents that do not involve bodily injuries can often pursue legal action in small claims courts in California. Accidents resulting in serious bodily injury or death are typically handled outside of small claims court and may require the involvement of a personal injury lawyer. Many hit-and-run accidents in California cause serious bodily injury and death.

Contact A California Hit-And-Run Accident Attorney

Call Arash Law at (888) 488-1391 if you suffered an injury in a hit-and-run accident in California. We have decades of experience representing victims of hit-and-run accident cases and advocating for their rights.

We serve clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California. Our hit-and-run accident attorneys can help review the validity of your potential claim. If you have a case, we can help you seek financial compensation for your injuries and losses.