Los Angeles Hit And Run Accident Lawyers
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Legal Advocacy From Our Los Angeles Hit-And-Run Accident Lawyers
Call (888) 488-1391 to discuss your hit-and-run accident case.
Any auto accident is an overwhelming experience. When the incident is complicated by a hit-and-run driver, many injury victims are left to face legal complications and difficulty getting compensation for their injuries. You do not have to deal with this complex situation on your own. Our Los Angeles hit-and-run accident lawyers at Arash Law are here to help.
We have experience handling different types of hit-and-run cases for victims. Whether you were a driver, passenger, bicyclist, pedestrian, or riding a motorcycle, we can help you seek compensation for injuries caused by a hit-and-run driver. Let us answer all your questions and advocate for your legal rights so you can focus on recovering from your injuries.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries.– JUDD ROSS ALLEN
The Different Laws That Apply To Hit-and-Run Cases
One of the reasons that hit-and-run cases are so complicated is that there are many different laws that can apply to a single case. What follows are some of the different areas of law that might come up as we resolve your injury claim.
Criminal Charges For Hit-and-Run
It is a crime in California to hit and run. The California Vehicle Code makes this offense a misdemeanor if the accident caused property damage without injuries or death. Section 20001 of the California Vehicle Code makes it a felony to leave the scene of an accident that results in injuries or death. In order to avoid criminal charges, a driver just needs to stop and exchange insurance information with the other driver. They can also report the accident to the local police department (or California Highway Patrol if the accident occurred on a state highway).
There are many other criminal charges that can occur along with hit-and-run. A driver might:
- Be impaired.
- Have illegal drugs in the car.
- Have outstanding warrants.
- Drive recklessly.
- Drive on a suspended license.
- Have no license or auto insurance.
All of these criminal charges are filed in criminal court and pursued by a government prosecutor. A criminal case is completely separate from your civil claim for personal injuries. As a result, you may still be able to seek compensation for your injuries even if the hit-and-run driver is not convicted, charges are never filed, or even if the driver is never found at all.
Trucking Regulations
Professional truck drivers must maintain a commercial driver’s license (CDL). CDL holders must maintain their license by adhering to strict federal regulations. If a truck driver commits a hit-and-run, they might be trying to cover up evidence of a trucking violation. A trucking violation may or may not be a criminal matter. Whether it is a crime or not, a trucking violation could result in a CDL being revoked, and the driver could lose their livelihood. This possibility, unfortunately, causes some truck drivers to hit and run. Common trucking violations include:
- Speeding
- Not taking required rest breaks
- Driving recklessly
- Driving while impaired
- Running red lights
- Improper lane changes
If you are hit by a commercial truck, try to get as much information as you can. Even if you can’t get the license plate number, knowing the brand or signs on the truck can help law enforcement find the driver.
What To Do After A Hit-And-Run Accident
Many injury victims have never been in an accident before and do not know what to do after being hit. The problem can be even worse if the driver flees the scene of the accident. By knowing what to do, you may be able to protect both your health and your legal rights. Consider following these steps after being involved in any hit-and-run accident:
Call 911
Call 911 after a hit-and-run accident. It is important to have a police report that documents the incident, and the police may also need to press charges against the driver. Additionally, you may not know how badly you have been hurt. It is a good idea to be evaluated by emergency medical technicians. They are medical professionals, and they are trained to transport injury victims without making their injuries worse. EMTs can also evaluate you for immediate, life-threatening conditions, like brain damage or ongoing blood loss.
Contact An Injury Lawyer Shortly After The Incident
The first priority after an auto accident is your health. See a doctor and follow their advice for rest and recovery.
Once you are rested, consider consulting a hit-and-run injury lawyer. The insurance company is likely to contact you within the first day or two after an accident, and you may want to be able to direct them to your lawyer's office so that you do not accidentally say something that could impact your case. Your lawyer can also gather any necessary evidence before it is accidentally destroyed, lost, or becomes unavailable.
Answer Any Questions From The Prosecutor's Office
If the hit-and-run driver is facing criminal charges, you might be asked to assist in the prosecution. The prosecutor's office could call you for a witness statement, to testify in court, or ask you other questions related to your case. It is okay to talk to the prosecutor's office about your case.
Let your injury lawyer know what is happening with the criminal case. Your attorney can also answer questions you have about what will happen and what you should say. In general, though, it is okay to work with the prosecutor's office against the hit-and-run driver. You might be contacted by a paralegal, a legal assistant, a victim advocate, or even the prosecutor themselves. Just confirm that this person works for the prosecutor's office.
Avoid Discussing Your Case With Anyone Other Than The Police, Prosecutor, And Your Lawyer.
While it's okay to talk to the prosecutor, try to avoid discussing your case with other people until it has been resolved. Your lawyer can deal with the insurance company, defense lawyer, and other parties for you. This helps keep your information clear and accurate throughout your case. You may speak with the police and prosecutor about the criminal case.It is also vital that you refrain from posting anything on social media about the accident. Even something as simple as a gym selfie could be used against you. The insurance company might claim that you couldn't possibly be in pain if you are able to work out. It is generally advisable to limit your social media activity until your case has been resolved. Confirm that your account settings are private and do not accept connection requests from anyone you do not know.
Follow Through With All Treatment Recommendations From Your Medical Providers
As you work through your medical treatment, your providers will have many recommendations to alleviate your symptoms. They might recommend rest or time off work. Your primary care doctor might recommend physical therapy, chiropractic services, or a consultation with a pain management specialist. It is important to follow through with these recommendations. If you do not, the insurance could try to say that your pain is due to your own choices, not the driver's negligence.
For many injury victims, paying for this medical treatment is a very real concern. Most injury victims are accruing lots of medical bills at a time when they might not be able to work. Talk to our lawyers about any financial concerns you have related to your medical care. We can help you find providers who will wait for payment or explore other options for getting you the treatment you need. The important thing is not to simply skip your treatment altogether. Doing so can hurt your legal claim and make it more difficult to get the compensation.
The Insurance Policies That Can Cover Hit-and-Run Injuries
You might be surprised to learn that it is still possible to seek compensation for hit-and-run injuries even if the driver is never found. There are many different insurance policies that might offer coverage for hit-and-run injuries. What follows are just a few of the policies that accident lawyers can look into.
Your Own Auto Insurance
The minimum auto insurance required by the state only covers damage that you cause to another person. Many drivers, however, choose to increase their protection with optional coverages. One such optional coverage is for damage caused by uninsured or underinsured (UM/UIM) drivers. UM coverage pays for damage caused by drivers who have no insurance or a hit-and-run driver who is never found. You may still have a deductible and other costs in your contract, but UM coverage does offer compensation for injuries caused by an unknown hit-and-run driver. This coverage also applies if the driver is located but does not have any insurance coverage.
Another optional insurance protection is medical payments coverage. If you are the covered driver and are later hurt in a hit-and-run accident, Med Pay could cover your medical bills. Med Pay does not offer any compensation for pain and suffering. It is, however, an important supplemental coverage that can help you get your medical bills paid while your lawyer is investigating your other claims.
UM and Med Pay are only two of many optional coverages that you might carry on your own auto insurance policy. Let our Los Angeles personal injury lawyers review your auto policy to see what compensation might be available to you.
Premises Liability Insurance
In some hit-and-run cases, the driver’s negligence was just one factor in causing the accident. An accident might be caused by potholes or poor roadway conditions. Collisions in parking garages might be caused by inadequate lighting or a lack of signs warning drivers to be on the lookout. In these cases, the owner of the property could be liable for failing to maintain the premises in a reasonably safe condition.
This rule is known as “premises liability.” Business owners often carry premises liability insurance to pay for injuries to customers on their property. A business could be a store, a sports arena, a concert venue, a water park, or anywhere else the public is invited to spend money for the owner’s benefit.
Premises liability coverage does not always cover the full amount of damages. The unknown driver could be found partly or wholly at fault for their own negligence. This liability could decrease the amount that the property owner is obligated to pay. But it is another potential legal avenue for compensation, of which you should be aware.
Workers’ Compensation Insurance
The majority of employees who are injured while on the job in California are entitled to workers’ compensation coverage. This insurance can compensate victims for hit-and-run injuries in a work truck or even in your own personal vehicle while running a work errand.
Workers’ compensation offers limited coverage. Unlike a personal injury claim, it does not pay for pain and suffering, and it covers only a set portion of your lost wages. But it does pay for medical bills related to the accident. Workers’ compensation can therefore be an important coverage that helps you get the medical care you need while we are investigating all of your legal claims.
Health Insurance
With so many other insurance policies to deal with, it can be easy to forget about your own health insurance coverage. Your health insurance carrier is contractually obligated to pay for your medical care related to a car accident, whether you were at fault or not. Your health plan is likely to cover diagnostic imaging, lab work, doctor’s appointments, and other services that are offered under your plan.
Health insurance includes Medicare plans, Medicaid programs, marketplace insurance plans, and health insurance sponsored by your employer. All of these plans can cover medical bills related to a hit-and-run accident. While they do not cover lost wages or pain and suffering, this coverage can be a critical tool to get you the medical care you need.
If you are able to recover these costs in a personal injury settlement, your health insurance company might be entitled to reimbursement, but only for the bills for which you were actually paid in your settlement. Our legal team can review any reimbursement claims to help verify that your insurance company is only reimbursed for amounts it has paid and that are included in your potential settlement. A reimbursement claim can get confusing, and an experienced accident lawyer can help you navigate this process.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI
FAQ About Hit-And-Run Accidents
How Will You Prove Who Was At Fault For A Hit-And-Run Accident?
Our lawyers use many different types of evidence to demonstrate what happened in a hit-and-run accident. In some cases, there are witnesses who saw the entire collision or security cameras that recorded it. Such evidence is incredibly helpful during settlement negotiations and very persuasive when presented to a jury at trial.
But even if no one (or no camera) saw the accident happen, there are still many ways to determine who may have been at fault.
The physical damage to your vehicle can be used to recreate what happened. Our accident reconstructionists will review vehicle damage, together with other physical evidence like skid marks and traffic light records, to recreate the accident in its entirety.
This evidence allows them to make a detailed expert report supported by extensive evidence. There are many other ways we can show who was at fault in a hit-and-run accident — even if the driver is never found. The important thing is not to give up hope. Let our accident lawyers review your case and determine an appropriate course of action.
What Damages Am I Owed For A Hit-And-Run Accident?
There are many different areas of compensation in a personal injury claim. Victims may be able to seek compensation for the following:
- Medical bills, including the estimated value of future medical bills you will incur after your case has settled.
- Lost wages, including any decrease to your future earning capacity as a result of ongoing injuries.
- Pain and suffering, including ongoing suffering due to permanent injuries.
Experienced auto accident lawyers can help document your losses and argue for their value. They can work with expert witnesses who can explain your injuries to a jury and justify the lifelong suffering you are likely to endure.
When you work with an injury lawyer, they can thoroughly investigate your case and present all documented losses to the insurance company.
Can I Still Get Paid If The Police Never Find The Hit-And-Run Driver?
Yes, some victims can still get paid depending on their situation. It is often more challenging to process claims involving hit-and-run drivers. An experienced hit-and-run lawyer can help you explore other legal avenues in seeking compensation. Injury victims can still be compensated from many different insurance policies, even if the hit-and-run driver is never located.
Our injury lawyers can review your case and help you understand possible options for seeking compensation that reflects your circumstances.
How Long Will It Take To Resolve My Hit-And-Run Claim?
Unfortunately, the answer to this question is different in every case. In cases where the insurance company accepts liability and agrees to the value of the case, an injury claim can be resolved in a few short weeks. But in many cases, the insurance company may deny liability under certain conditions.
It takes an accident attorney time to work through these issues and convince the insurance company of the true value of your case. If there is a dispute or an unfair assessment of your claim, your lawyer might have to file a lawsuit on your behalf.
The litigation process takes even more time. It can take months (or even years) to get a trial date. Though this process is tedious, it is important to let your accident attorney take the time to work through the process. In some cases, injury victims may get immediate settlement offers. Without time to hire an attorney or investigate the case, an injury victim might not know the full value of their claim.
While every case is different, hit-and-run accidents tend to take longer than other claims. There are far more complicated legal issues involved in a hit-and-run case. The police need time to search for the hit-and-run driver. If that driver is found, they could be charged criminally, and there might be a prosecution in the criminal courts that happens at the same time your injury case is being handled in the civil courts.
Will I Have To Go To Court?
In the United States, the vast majority of personal injury claims are settled out of court. This fact makes it unlikely that you will have to go to court to settle your case. Even if your lawyer considers filing a lawsuit, you may not have to go to court. Often, the mere act of filing a lawsuit is enough to get the insurance company to consider a settlement.
If not, there are ongoing negotiations during the discovery process and other pretrial matters. In the unlikely event that your case goes all the way to trial, your attorney can answer all your questions and help you understand the process and prepare you for trial.
Contact Our Los Angeles Hit-and-Run Accident Lawyers
A quick online search for “hit-and-run injury lawyers near me” will show you many attorneys in your area. Under the direction of Arash Khorsandi, Esq., the Los Angeles hit-and-run accident lawyers at Arash Law are committed to helping injured victims. We serve clients throughout Los Angeles and all surrounding areas. We also work in Orange County, San Jose, San Diego, Fresno, Sherman Oaks, San Francisco, and throughout California. Speaking with an auto accident lawyer early in the process can help you navigate insurance procedures and preserve key evidence.
Call (888) 488-1391 or complete our “Do I Have A Case?” form to schedule your free initial consultation.
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