Orange County Hit-And-Run Accident Lawyers
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Our Orange County Hit-And-Run Accident Lawyers Are Experienced Advocates For California’s Injured
Any car accident can be an overwhelming experience. When the driver responsible for the crash leaves the scene, it can lead to frustration and uncertainty about what to do next. In these situations, an Orange County hit-and-run accident lawyer can help you understand your legal options and guide you through the process of seeking compensation. Call Arash Law at (888) 488-1391 for a free initial consultation.
The experienced injury lawyers at our law firm can help establish liability and identify potential insurance policies that may be responsible for covering your injuries. We will work diligently to help you pursue compensation for your medical bills and related losses. Our hit-and-run accident lawyers are available to discuss your case and offer advice on your next potential steps.
Learn more about hit-and-run accidents, including how they occur, who may be held liable, what to expect in filing claims, and how our car accident lawyers support victims in their recovery.
Paz v. Airfax Logistics (settled on 5/26/2020) – settlement in a case involving a client who was involved in a trucking accident and sustained a traumatic brain injury and other trauma.– TINA ESHGHIEH
In California, What Is A Hit-And-Run Accident?
“Hit-and-run,” also known as “fleeing the scene,” refers to a crime committed when a driver leaves the site of an accident without stopping as required by law. In California, drivers are required to stop after being involved in a collision. Failing to do so can lead to criminal charges.
Under California Vehicle Code Section 20002, this offense is classified as a misdemeanor if the accident results in property damage. The defendant can be fined up to $1,000 and sentenced to up to six months in jail. If, however, the accident resulted in injuries or death, the offense becomes a felony under Section 20001, carrying penalties of up to four years in prison and fines up to $10,000.
A hit-and-run criminal charge is separate from a civil claim you may file to seek compensation for your injuries and losses.
The Difference Between Criminal Charges And Your Civil Claim
It is essential to understand the distinction between criminal charges and civil claims. Criminal charges can be filed against a hit-and-run driver. A prosecutor in the criminal court handles this case. It may result in jail time, fines for the offender, or even restitution to the victim.
To seek compensation for medical expenses, lost income, pain and suffering, and other damages, you must file a civil claim. An Orange County personal injury lawyer can guide you through the process and handle the legal matters on your behalf. Document all of your injuries and losses to help your attorney evaluate your case.
After a hit-and-run accident, it is common for both a criminal case and a civil claim to be filed against the driver. These are separate cases. The outcome of one case does not necessarily affect the result of the other case. The police need to file criminal charges so that hit-and-run drivers face the consequences of their illegal actions.
These criminal cases are, however, not meant to compensate victims for the damages they suffered. An injury lawyer can help you file a civil claim and seek compensation for your injuries and other losses.
Hit-And-Run Accidents Often Involve Other Crimes
There are several reasons why hit-and-run drivers choose to leave the scene of an accident. A driver may be worried about their immigration status or have outstanding warrants. Perhaps they have parking tickets or administrative issues with the DMV. In other cases, a driver may already be involved in another offense before the collision and fear additional consequences. Common examples include:
- Driving recklessly.
- Drinking and driving.
- Driving under the influence of street drugs or prescription medications.
- Driving under the influence of marijuana.
- Driving on a suspended license.
- Driving without a license.
- Driving without insurance.
- Holding drugs or unlicensed weapons in the car.
- Endangering children in the car.
- Hiding evidence of traffic infractions.
Traffic infractions are a particular issue for those who hold commercial driver’s licenses (CDLs). Commercial drivers are held to high standards of safety, and even a minor traffic violation could jeopardize their careers. A traffic violation could endanger a CDL even if the driver were off duty and in a personal vehicle at the time. If a driver is on duty in a commercial vehicle, they may flee the scene to hide evidence of commercial violations, such as:
- Driving under the slightest degree of impairment.
- Weight violations.
- Hours of service violations (for example, failing to take mandatory rest breaks).
- Speed violations.
These legal issues are separate from an injury victim’s legal right to compensation. When the DMV, prosecutors, and other agencies get involved, it can be easy for a victim’s needs to be overlooked. When you hire a hit-and-run accident lawyer in Orange County, you’ll get dedicated legal support and clarity about your rights. An attorney can also manage communications with the relevant parties on your behalf.
How Common Are Hit-And-Run Accidents In Orange County?
Value Penguin reports that over seventeen thousand victims have been killed in the U.S. between 2010 and 2019. California had the highest number of hit-and-run fatalities. The 3,056 deaths represented 17% of the total number of fatalities.
Moreover, the number of hit-and-run fatalities increased by 44% between 2010 and 2019, indicating that road deaths are on the rise. It highlights the importance of holding hit-and-run drivers accountable for their actions.
Who Pays For Injuries Caused By A Hit-and-run Driver?
You might wonder who is going to pay for the damage and injuries caused by a hit-and-run driver. Our hit-and-run accident lawyers in Orange County can help establish the potential liability of the involved parties in car accident cases. Our lawyers will thoroughly investigate the crash and gather evidence, including witness statements, to help build your case. What follows are the common defendants in a hit-and-run injury case:
The Driver
It is not always possible to find a hit-and-run driver. Even if the police are able to locate the driver, that person might not have auto insurance. However, these challenges do not mean you cannot pursue compensation for the injuries you have suffered.
If the driver is located, our attorneys may be able to find their auto insurance policy information and file an injury claim on your behalf. Even if the driver remains unidentified, other potential sources of compensation may be available to you.
The Owner Of The Vehicle
Even if the driver is never located, the owner of the vehicle might be legally responsible (“liable”) for your injuries. The owner may have acted negligently by entrusting their vehicle to someone they knew was a poor driver or a potential flight risk. Perhaps they left the keys in the car.
There are many things a vehicle owner could do to be liable for a driver’s negligence. In these cases, the owner’s auto insurance may cover damages caused by the hit-and-run driver. While it is sometimes difficult to locate a hit-and-run driver, the police are often able to identify the vehicle’s owner through DMV records.
Your Own Auto Insurance
The law requires drivers to carry liability coverage on their auto insurance policies. This coverage pays for damage that you cause to someone else. Many drivers add optional coverages to their auto insurance policy so that they are covered in other situations as well. One of these optional coverages is uninsured and underinsured motorist coverage (UM/UIM coverage).
This coverage pays for damages caused by a driver who has no insurance or who does not have enough insurance to pay the full value of your losses. Uninsured motorist coverage (UM) can also be used to pay for damages caused by an unknown hit-and-run driver. Some drivers also have medical payments coverage (“med pay”), which supplements other insurance coverage by paying for your medical bills. Our Orange County car accident lawyers can review your insurance policy to help identify potential coverage options.
The Driver’s Employer
If the hit-and-run driver was on duty at the time of the accident, their employer could be liable for their negligence, meaning that the company would have to pay for your injuries. Many employers cover work vehicles with comprehensive auto insurance policies. Even if the worker was in their own vehicle, the company could be liable for the accident. While this is less common, our attorneys will evaluate every potential avenue for seeking compensation.
Your Own Employer
Employers may be held liable for injuries that occur to employees while they are on duty. So long as you are in the “scope and course” of your employment, you may be able to pursue a workers’ compensation claim, depending on your case’s circumstances. This means that workers’ compensation benefits may be available to workers who are injured in a car accident while on duty. This compensation applies whether you are in a work vehicle or whether you are running a work errand in a personal vehicle.
Unfortunately, workers’ compensation benefits are limited. Though medical bills are covered, workers’ compensation pays for only a set portion of your lost wages. It does not cover pain and suffering. Our attorneys can help identify other available insurance coverage that accounts for the full value of your losses. Despite this limitation, workers’ compensation is a valuable resource that may help you receive payment for your medical bills.
An Auto Manufacturer
Some accidents are caused by defective vehicles. Auto manufacturers may be held liable for injuries caused by defects in the new cars they sell, meaning that you could have a personal injury claim against the manufacturer even if the driver fled the scene of the accident. While this situation is not common, our accident lawyers can investigate the crash, gather key evidence, and guide you in pursuing compensation for your damages.
A Negligent Road Crew
Work zones are inherently hazardous, and some accidents are caused by negligence in road construction. Many accidents are caused by drivers who are speeding, tailgating, and acting aggressively in slow-moving work zones with heavy traffic.
However, some accidents are caused by the negligence of roadwork crews. Perhaps they have left construction materials in the path of oncoming traffic. Maybe their heavy machinery was not stored properly. If you were injured due to the negligent acts of roadwork crews, you may have a claim against the construction company responsible for them.
The Compensation You May Pursue For Your Hit-And-Run Injuries
The first question many clients ask is, “How much is my case worth?” This concern is understandable, especially when medical bills are mounting and lost wages may be affecting your household. Unfortunately, there is no simple answer, as every case is unique. An injury victim who has suffered damages caused by someone else’s negligence may have the right to file a claim for compensation. Depending on their case’s circumstances, they may be eligible to pursue the following types of damages:
- Medical Bills — Negligent drivers are legally responsible (“liable”) for a victim’s medical bills, including all the expenses that were caused by the accident (such as ambulance rides, emergency room visits, consultations with medical providers, visits to a primary care doctor, prescriptions, and medical devices like crutches and slings). The driver may also be liable for ongoing rehabilitation, such as physical therapy and pain management services.
Lost Wages — Many injury victims will miss at least some time off work due to their injuries. In some cases, the victim misses only a day or two, and it is easy to calculate these losses. You simply multiply your hourly rate by the number of hours you missed. A salary can be prorated based on a forty-hour workweek to determine your hourly rate.
If you are out for weeks or months, it can be more difficult to calculate your total lost wages. However, our injury lawyers can help calculate these figures and document these losses. You may also be eligible to seek compensation for lost overtime, bonuses, and other compensation you would have earned but for your injuries.
- Pain and Suffering — Compensation for personal injury may also include pain and suffering. It is also the most difficult loss to prove, as it’s subjective. These claims are often undervalued using simplistic formulas that fail to account for pre-existing conditions, complications, or the true impact of the injuries.
Our hit-and-run accident lawyers work to demonstrate the full value of your pain and suffering. We may consult with medical providers and mental health professionals to document the physical and emotional impact of your injuries. By presenting this evidence, we advocate for a fair assessment of your losses.
Compensation For Permanent Injuries
Most injury claims must be filed within two years of the accident. When a victim is left with permanent injuries, their financial and emotional losses will continue well past this statute of limitations. Our Orange County hit-and-run lawyers can help injury victims seek compensation for the future losses they will suffer due to their injuries.
Future Medical Bills
If you have permanent injuries, you may require ongoing treatment and monitoring for the rest of your life. Our accident lawyers work with expert witnesses to estimate the cost of this care. We can work with Life Care Planners to identify the treatment you will need, what it is likely to cost, and how this total should be adjusted for inflation over your lifetime. With expert testimony, our lawyers may be able to present a well-documented case to a claims adjuster or a jury to support the cost of your future medical care.
Permanent Decreases To Your Earning Capacity
Permanent injuries can also affect your ability to work. In the most serious cases, an injury victim might never be able to return to any type of gainful employment. An injury victim may be forced to accept a position with reduced hours or fewer responsibilities, resulting in a pay decrease. You may be eligible to seek compensation for the difference in your earnings before and after the accident.
If you are no longer eligible for employment benefits, such as health insurance or retirement contributions, you may be able to pursue compensation for future lost wages. Proving these losses can be challenging, as your claims may be disputed and require detailed evidence.
Evaluations by medical professionals or vocational experts may be requested to assess your ability to work and your earning capacity. If these evaluations conclude that you can continue working, our attorneys can present evidence from our own expert witnesses to demonstrate the true impact of your injuries. We can also demonstrate your earning capacity, how it has changed due to your injuries, and what compensation may be available for you to pursue for the resulting difference.
Ongoing Pain And Suffering
Pain and suffering can be difficult to value. The problem is even worse when it comes to future pain and suffering that you have not yet endured. In spite of this challenge, you may also be able to seek compensation for the ongoing pain and suffering you will endure because of your injuries.
Imagine a painful orthopedic injury. After a surgeon repairs the bone with pins, the victim will likely go through painful physical therapy. Then, for the rest of their life, they will have difficulty with metal detectors. This might seem like a small inconvenience, but it is a very real loss. It is also one that will continue for years. Our accident attorneys can help document potential future losses and pursue compensation for them.
Modifications To Your Home Or Vehicle
If you are permanently disabled in a hit-and-run accident, you might have to alter your home or vehicle to accommodate your new life. Accessibility equipment, such as ramps, lower countertops, roll-in showers, and other home renovations, can be costly. Accessible vehicles are also expensive, usually far more costly than the same model without the accessibility features.
Our Orange County injury team can assess the costs of any modifications you may need due to your injuries and give you an estimate to help you understand the potential compensation you may be able to pursue.
FAQs About Orange County Hit-And-Run Accidents
Any accident can be overwhelming, but when a driver chooses to hit and run, you are under even more stress than usual. You don’t have to deal with the situation on your own. Our experienced hit-and-run accident attorneys can help you understand your legal rights and answer your questions. We have provided this guide, which includes answers to some of the common questions about hit-and-run accidents. If you have any questions that are not addressed in this section, feel free to contact us.
How Do The Police Find A Hit-And-Run Driver?
Law enforcement professionals use different techniques to identify a driver who has fled the scene of an accident, such as:
- Talking to eyewitnesses who are at the scene.
- Canvassing the area for other potential witnesses.
- Looking for surveillance footage at nearby businesses or on another driver’s dashcam.
- Setting up tip lines or putting out the word on social media.
- Using physical evidence from the scene (such as parts of the vehicle that broke off).
These methods can help locate a hit-and-run driver. The driver could be reported by the car’s owner or friends who don’t want to be implicated in the accident. Sometimes, a hit-and-run driver will even turn themselves in. Even if law enforcement is unable to locate the driver, victims may still have avenues to pursue compensation for their injuries.
What Happens If The Police Never Find The Hit-And-Run Driver?
Even if a hit-and-run driver is never caught, it may still be possible to pursue compensation for your injuries. Depending on your case’s circumstances, our injury lawyers can help identify which insurance policy may be responsible for your damages and help you file a claim. Different potential insurance policies that may be liable for your damages, such as your own auto insurance policy, a workers’ compensation policy, or the auto insurance policy of the involved vehicle. Our hit-and-run accident lawyers can thoroughly review your case to help you seek compensation, whether or not the hit-and-run driver is caught.
How Will My Medical Bills Get Paid While My Case Is Being Investigated By The Police?
It is essential to receive all necessary medical treatment promptly and not delay in doing so. Postponing care can worsen your injuries and negatively affect your prognosis. Additionally, delays can create challenges when documenting your injuries for a compensation claim.
Your health insurance, including Medicare or Medicaid, covers medical bills according to your policy, even if a hit-and-run driver caused your injuries. If you do not have health insurance, there are alternative options available. Some medical providers may agree to treat you on a lien basis, meaning payment is made from any future personal injury settlement or court award rather than upfront.
Our hit-and-run accident attorneys can help evaluate your situation and identify the appropriate approach for obtaining timely medical care while protecting your legal rights.
What Is A Victim Advocate? Am I Allowed To Discuss The Case With Them?
If the police file criminal charges against a hit-and-run driver, the injury victim has certain legal rights in the criminal case proceedings. You might be contacted by a victim advocate from the prosecutor’s office. The advocate’s job is to explain what is happening with the criminal case and keep you apprised of your legal rights.
Victims have the right to be informed when the defendant is being released on bail and to receive updates throughout the case. They also have the right to make a victim impact statement to the court before sentencing. The victim advocate is there to guide you through this process. Though you should not discuss your case with other people, it is okay to ask the advocate (or other representatives from the prosecutor’s office) about the criminal case against the hit-and-run driver. Keep your injury lawyer updated on any information you receive from the prosecutor’s office.
Do I Really Need To Hire An Orange County Injury Lawyer For A Hit-And-Run Accident?
While victims can negotiate settlements on their own, hit-and-run cases often involve multiple defendants, insurance policies, and complex legal issues. These factors can make it more challenging to navigate the legal process independently. Having legal counsel can help you manage the claims process as efficiently as possible.
An Orange County hit-and-run accident lawyer can handle communications with insurers, negotiate settlements, and, if necessary, represent you in court to seek compensation for your damages.
It’s important to understand the distinction between criminal and civil proceedings. The prosecutor handles the criminal case and seeks a conviction for the crime of fleeing the scene. They do not represent your personal interests or pursue compensation for your injuries or property damage. If you want to seek compensation for your injuries or file a civil claim, your case should be handled by a personal injury lawyer rather than the prosecutor.
Contact Our Lawyers For Hit-and-Run Accident Cases In Orange County
You could spend hours searching online for “hit-and-run injury lawyers near me.” Our Orange County hit-and-run accident lawyers are available to answer your questions and provide legal representation. Our legal team has decades of experience handling a wide range of injury cases throughout California. We understand the legal process for personal injury cases in the state and can assist you in pursuing claims for damages.
We serve victims in Newport Beach, Dana Point, Anaheim, and Orange County. Our legal team also assists clients in nearby areas, including Los Angeles, Sacramento, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sherman Oaks, San Francisco, and throughout California.
Call (888) 488-1391 to schedule your free initial consultation. Our Orange County personal injury lawyers at Arash Law work to protect your rights and handle the legal matters on your behalf while you focus on your recovery.
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