What Is A Hit-And-Run Accident?

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    A hit-and-run accident involves a crash in which the driver leaves the scene without stopping to provide information or assist the other involved parties. When you hear “hit-and-run,” you might picture a dramatic high-speed chase or a devastating accident with serious injuries. While many people know the term, hit-and-run incidents can take many forms. The law can include any driver leaving without fulfilling their legal duties. The legal aspects of these accidents are often more complex and different from what most people know.

    For example, hit-and-run cases don’t only involve injury or death. Imagine returning to your car in a parking lot to find a dent with no note from the responsible driver. In another scenario, you could be at home when a loud crash startles you. Upon checking it out, you discovered someone rammed through your fence and drove away without a word. It’s crucial to know what is and isn’t considered a hit-and-run to know what to do in case you find yourself a victim of one.

    What Is Considered A Hit-And-Run Accident?

    Each state may have slight variations in its interpretation or specifics of what constitutes a hit-and-run accident. Still, the general definition remains consistent across the board. It refers to a traffic accident where the driver leaves without fulfilling their legal obligations.

    All drivers are required to do the following, regardless of who is to blame for the accident:

    1. Stop at a safe place near the accident site, such as the side of the road.
    2. Exchange information with the other parties.
    3. If no one is around, leave a note with your name and details of the incident.
    4. Provide reasonable assistance if someone is injured.
    5. Cooperate with authorities at the scene or report the accident to the police.

    If the driver fails to fulfill these legal responsibilities, they could be charged with a hit-and-run. Note that a road accident is defined as a hit-and-run in this situation, regardless of:

    • Type Of Damage — Whether the damage involves property or a person, the incident can still be classified as a hit-and-run.
    • The Extent Of Damage — Even a minor fender-bender causing a slight dent can turn into a hit-and-run.
    • The Severity Of Injuries — Hitting someone with a vehicle and then leaving is a hit-and-run, even if the person only has bruises.
    • Fault — Any driver can be charged with a hit-and-run, regardless of whether they were to blame for the crash.
    • Parties Involved — This applies whether the other party is a pedestrian, cyclist, or driver.
    • Vehicle Ownership — The driver can be charged with a hit-and-run even if they don’t own the vehicle they were driving.

    Even someone who fled on foot after hitting someone with their vehicle could be charged with a hit-and-run. Moreover, returning to the scene out of guilt after initially fleeing does not absolve the driver of potential hit-and-run penalties.

    How Common Are Hit-And-Run Accidents?

    Hit-and-run accidents are unfortunately too common and have been on the rise in recent years. In 2022, there were 2,932 fatalities in traffic crashes involving hit-and-run drivers, marking a slight increase of 0.5% from 2,917 deaths in 2021.

    This trend is even more prominent among vulnerable road users. For instance, pedestrian fatalities in hit-and-run crashes saw a 4.3% increase. There were 79 more deaths compared to the previous year, totaling 1,910 of the 7,522 pedestrian fatalities. Pedal cyclists are also at significant risk, with an alarming 18% increase in hit-and-run fatalities. They increased by 40, reaching 265 of the 1,105 total pedal cyclist deaths in 2022.

    Why Do Hit-And-Run Accidents Occur?

    Drivers learn the laws when they complete their driver’s education and before they get a license. That said, why do hit-and-run accidents still occur?

    Here are some common reasons why drivers flee the accident scene:

    Driving Under The Influence

    man drinking alcohol while driving can cause hit and run

    Alcohol and drugs impair our motor coordination and thinking skills, which is why it’s illegal to drive under the influence. Impaired drivers are more likely to cause an accident and flee due to compromised judgment.

    The effects of alcohol or drugs might lead them to make poor choices, such as leaving the scene. Some substances can also heighten emotions, which could trigger a panic response. Having a previous DUI conviction makes a driver more likely to leave the scene as well. Even if they did not cause the crash, they would want to avoid the police and face further legal consequences.

    Avoiding The Police

    All accidents must be reported to the police at the scene or shortly afterward. What happens if a driver has reasons to fear legal consequences? They might drive away instead to avoid interacting with law enforcement. Here are some common reasons why someone might avoid the police:

    • Undocumented Immigrants — Fear of being found out and deported might drive them to leave the scene.
    • On Probation — A hit-and-run charge would violate probation, which could result in its revision or termination.
    • Has A Warrant — Individuals with outstanding warrants are unlikely to wait for the police. They also won’t risk having witnesses learn about their location or identity.
    • Driving Without A Valid License — It’s illegal to drive with a suspended license or without one. If a driver can’t produce a valid license when asked at the car accident scene, they will face legal troubles.
    • Stolen Vehicle—The driver of a stolen vehicle might attempt to escape or abandon the vehicle and flee on foot to avoid capture.

    These reasons can apply to either party in an accident. Even someone not at fault might flee the scene to avoid facing the police.

    Avoiding The Potential Consequences

    Sometimes, drivers choose to flee the scene of an accident to avoid the consequences of their actions. An accident on a driver’s record can have significant repercussions, such as increased insurance premiums. It will also disqualify them from driving-related jobs, like truck driving. Younger drivers, in particular, might run away out of fear of their parents finding out. These factors can lead some drivers to run from the scene, hoping to avoid the fallout.

    Leaving As A Panic Response

    Being involved in an accident can trigger intense panic, particularly for younger drivers involved in teen car crashes. These moments are not always about avoiding the police or the potential consequences. Instead, the sheer panic and anxiety can overwhelm them, causing them to flee the scene. Still, this doesn’t justify committing a hit-and-run. Regardless of the emotions involved, the driver can still face serious legal consequences.

    Thinking They Can Get Away With It

    Laws are designed to guide people toward making the right choices and ensure that society functions smoothly and safely for everyone. What if they don’t exist? Some people will stop after a crash, even without the threat of being punished under the law. Their sense of responsibility will prompt them to assess damage, check injuries, and cooperate to fix the situation. However, not everyone operates with this moral compass. Hit-and-run drivers often act in their self-interest if they believe they can get away with it. For these people, the potential harm to others takes a backseat to avoiding accountability.

    Civil Vs. Criminal Hit-And-Run Cases

    Hit-and-run incidents can involve civil and criminal charges but serve different purposes and proceed independently. A civil charge primarily aims to recover compensation from the at-fault party. In contrast, a criminal charge is pursued by government authorities to penalize the driver for breaking the law.

    The degree of a hit-and-run crime typically doesn’t directly impact the civil case itself. The primary focus of a civil case is to compensate the victim for damages suffered, regardless of the criminal charges.

    However, the degree of the crime can indirectly influence the civil case in these ways:

    • Evidence — A higher degree of crime might indicate a more severe accident, which could lead to more substantial damages in the civil case.
    • Punitive Damages — In some jurisdictions, the egregiousness of the crime (as reflected by the degree) might allow the victim to seek punitive and compensatory damages. These damages punish the defendant for their reckless or malicious behavior.
    • Insurance Coverage — The severity of the crime might affect the insurance coverage available. Some policies have exclusions or limitations for accidents involving severe criminal offenses.
    • Public Opinion — A high-profile case involving a serious hit-and-run can influence public opinion, which might impact the jury in a civil trial.

    It’s essential to remember that civil cases are separate from criminal cases, and the burden of proof and potential remedies differs.

    What Is The Burden Of Proof In Hit-And-Run Cases?

    The burden of proof varies significantly between criminal and civil hit-and-run cases.

    • Criminal Cases — Prosecutors must establish the defendant’s guilt “beyond a reasonable doubt.” The evidence must be so convincing that there is no reasonable alternative explanation other than the defendant’s guilt.
    • Civil Cases — The burden of proof is lower, requiring only a “preponderance of evidence.” The victim must present enough evidence to convince the judge or jury that the defendant caused the accident and fled the scene.

    If you want to obtain compensation, you’ll have to file a civil case. It occurs separately from the criminal proceedings, although you can use the defendant’s conviction as evidence for your hit-and-run case. Even so, it doesn’t guarantee an automatic win. You also have to prove other aspects of their negligence.

    Legal Consequences In Civil And Criminal Hit-And-Run

    The consequences for a hit-and-run driver can vary depending on whether they are facing civil or criminal charges. A hit-and-run driver found liable in a civil lawsuit will be ordered to compensate the victim. In criminal cases, the specific consequences vary depending on the local laws and the severity of the incident. Expected criminal consequences may include:

    • Fines
    • Suspension or revocation of the driver’s license
    • Probation
    • Criminal record
    • Imprisonment

    The Difference Between A Criminal Misdemeanor And A Felony Hit-And-Run

    The classifications of hit-and-run criminal charges vary by jurisdiction, but the general principles are similar. Hit-and-run cases are typically categorized based on the severity of the damage caused.

    Misdemeanor Hit-And-Run

    A misdemeanor hit-and-run typically refers to an accident in which a driver causes property damage without bodily injury. They then leave the scene without providing their information or reporting the incident.

    Some examples of misdemeanor hit-and-run accidents include:

    • Rear-ending an unattended parked car and leaving without a note for the owner
    • Getting into an intersection accident with an attended vehicle and failing to stop at the nearest safe location
    • Hitting a fence or a mailbox on private property in a distracted driving accident and refusing to exchange information with the residents
    • Knocking down a street light or any other public structure without reporting the incident

    The classification of a hit-and-run incident as a misdemeanor can vary depending on the laws in a specific jurisdiction. In some states, a hit-and-run causing minor bodily injury can be considered a misdemeanor for a first offense.

    Felony Hit-And-Run

    man hurt in a hit and run accident while crossing the pedestrian

    A felony hit-and-run, on the other hand, typically involves incidents where significant damage, injury, or death occurs. Some states don’t consider the severity of the injury. As long as a victim sustains a bodily injury, the driver can be charged with a felony.

    Felony hit-and-run accidents can happen in several ways:

    • Striking a pedestrian crossing the street and leaving the scene without providing help
    • Sideswiping a bicyclist and failing to stop to check for injuries
    • Killing a passenger in an Uber accident and speeding away

    The severity of a hit-and-run crime can significantly influence a subsequent civil case. A more severe crime often correlates with higher potential damages due to increased recklessness, potential for punitive damages, and insurance implications. Understanding the crime’s severity helps shape legal strategies, possible outcomes, and public perception of the case.

    Challenges Of Hit-And-Run Accidents For The Victim

    Hit-and-run accidents present numerous challenges for victims, often aggravating the physical, financial, and emotional toll of the incident. Here are some of the key difficulties victims may face:

    Aggravated  Injuries Or Loss Of Life

    When a driver flees the scene without providing or seeking help, the injured victim is left to fend for themselves. What happens if the victim becomes unconscious or physically unable to call for help? Their injuries can deteriorate quickly, potentially leading to life-threatening situations. For example:

    • A concussion left untreated can lead to a severe brain injury.
    • A pregnant woman in a car accident could lose her baby without emergency medical help.
    • A victim could bleed to death from an otherwise treatable wound without prompt medical attention.

    In many cases, victims suffer more severe outcomes than they would have if they received emergency treatment immediately.

    Financial Hardships

    Hit-and-run victims often face unexpected and overwhelming economic problems, particularly if they are already struggling financially. For example, someone without savings may suddenly have to pay for car repairs if their insurance policy doesn’t cover them. They might have to decommission their vehicle if they’re living paycheck to paycheck.

    An injured victim might get something from their health insurance. However, they could still be left with substantial out-of-pocket costs after factoring in co-pays and deductibles. Additionally, insurance may not cover other damages, like lost wages. It also doesn’t cover the cost of hiring help for tasks that victims can no longer manage due to their injuries.

    Psychological Damages

    The trauma of a hit-and-run accident can also lead to serious psychological effects, including depression, anxiety, and fear. The helplessness a victim feels while waiting for help that may never arrive can have a lasting impact on the victim’s mental health. The psychological effects of brain injuries sustained from the accident can further make recovery difficult for them.

    To cope with these consequences, victims can turn to hit-and-run accident lawyers for legal advice. They can help discuss your rights to justice and compensation.

    How Can Victims Get Compensation In A Hit-And-Run Accident?

    Victims might feel hopeless because of the mounting expenses and the uncertainty of how to cover them. However, there are many ways to get financial help, even if the hit-and-run driver has not been identified. Our hit-and-run accident attorneys can help clients with the following:

    Auto Insurance Claim

    If you were hit while riding your motor vehicle, you may be able to file a claim with your auto insurance provider. Your damages might be covered under:

    • Uninsured Or Underinsured Motorist Coverage — If you have UM/UIM coverage in your policy, you may receive compensation even without finding the hit-and-run driver. It can also cover accidents in which the at-fault party has no insurance to pay for all your damages.
    • Collision Coverage — This coverage pays for accidental damage to your vehicle, regardless of fault. However, it won’t compensate you for the injuries sustained in the accident.
    • MedPay — This add-on covers medical expenses from the accident, regardless of fault. It supplements your health insurance, which usually remains your primary coverage.

    These coverages are typically optional, although some jurisdictions strictly require UM/UIM coverage. You should review your insurance policy or consult an agent to understand your coverage. You can also talk to lawyers for hit-and-run accident victims to explore your options.

    Health Insurance Claim

    If you sustain any injuries, you can usually use your health insurance coverage to help you with medical expenses. It is still a valid option, even if you’ve already identified the driver and are actively pursuing a claim. However, you must reimburse the amount they paid out of your compensation from the at-fault party.

    Remember, this option will still involve out-of-pocket costs. You’ll be responsible for co-pays, deductibles, and expenses not covered by your policy.

    Healthcare Programs

    Government programs can provide additional support for medical expenses. An example is Medicaid, which provides health coverage to low-income adults, pregnant women, children, and other groups. The state manages this program. In California, this is called Medi-Cal, administered by the Department of Health Care Services (DHCS).

    The state also has a program called Covered California. It’s a health insurance marketplace where eligible individuals can purchase a policy with lower premiums.

    These programs offer no-cost or low-cost health insurance to qualified residents. Eligibility typically depends on the individual’s or household’s income, but other requirements exist. Check with your state, county, or local government to determine if you’re eligible. You can also ask if they offer different programs to help cover your medical costs.

    Civil Lawsuits

    You may also pursue compensation from the liable party’s insurance provider. However, this requires victims to identify the driver. If the driver is not identified, you cannot bring a lawsuit and get compensation through this route.

    Another option is pursuing a personal injury case against another negligent party. Many car accidents involve other parties responsible for the victim’s damages. For example, the initial crash that injured you occurred due to an auto defect. You may have a product liability claim against the manufacturer in this case. On the other hand, if dangerous road conditions led to the accident, the city could be liable for your injuries.

    To succeed in a civil lawsuit, you have to prove the following:

    • The at-fault party owed you a duty of care.
    • They breached that duty.
    • Their negligence in their duty led to the accident.
    • You suffered damages as a result.

    Gathering strong evidence to support these claims is crucial. You need good attorneys for hit-and-run claims to help build a solid claim and ensure a favorable outcome.

    Types Of Damages In A Hit-And-Run Civil Lawsuit

    If you’re a hit-and-run victim, you may be eligible to recover several types of damages in a personal injury claim, including:

    • Medical Expenses — These cover any medical-related expenses you incur due to the accident. Some examples are hospitalization, surgery, medication, rehabilitation, and ongoing care.
    • Lost Wages — You can be compensated for the income you lost during the time you had to take time off work.
    • Reduced Earning Capacity — You may also claim remuneration for decreased potential income if you sustained a disability that affected your earning ability.
    • Property Damage — This covers the cost of repairing or replacing any damaged property, including vehicles, structures, or personal belongings.
    • Pain And Suffering — The physical pain, mental anguish, and emotional suffering due to your injuries are recoverable in a claim.
    • Reduced Quality Of Life — If the accident and consequent injuries diminished your ability to enjoy life or perform daily activities, you may be financially compensated.

    In rare cases, the court may also award punitive damages to the victim. These are designed to punish the negligent party for particularly malicious or wrongful actions and deter similar behavior in the future. Punitive damages are not meant to compensate the victim for their losses.

    If the hit-and-run accident leads to the demise of the victim, the legal heirs may seek compensation. They may be entitled to recover these damages in a wrongful death claim:

    • Funeral and burial expenses
    • Medical expenses incurred by the victim before death
    • Loss of financial support
    • Emotional distress

    Determining all the types of compensation you’re entitled to requires the assistance of attorneys for hit-and-run victims. They are skilled at investigating all angles of your case to assess the full extent of your losses. Hit-and-run lawyers can help you win personal injury or wrongful death claims.

    Factors That Affect Compensation For A Hit-And-Run

    The total amount you may be eligible for depends on the circumstances of your hit-and-run accident. Here are some key elements that influence the outcome:

    • Extent Of Damages — More severe injuries and more extensive damage usually result in higher compensation.
    • Insurance Policy Limits — The amount you can recover is often limited by the at-fault party’s insurance policy coverage.
    • Evidence — The strength of your claim depends on the quality and quantity of evidence that justifies the amount you seek.
    • Degree Of Fault — If you’re found to be partially at fault for the accident, your compensation will be reduced by your percentage of liability.

    Many other factors can affect the settlement amount of your hit-and-run claim. The expertise of your hit-and-run lawyers will play a critical role in this process. Skilled attorneys can accurately assess the extent of your losses, gather evidence, and build a solid case. Highly competent hit-and-run attorneys for victims will help you obtain a more favorable outcome in negotiations and litigation. That’s why choosing a good personal injury lawyer to protect your interests is important.

    How Much Is The Average Hit-And-Run Case Worth?

    Given the different factors in calculating personal injury claims, it can be challenging to determine a ballpark figure. Below are some examples to give you an idea:

    Minor Damages

    Compensation for minor injuries can range from $15,000 to $25,000. This amount can cover emergency medical costs, minor car repairs, and other related costs.

    These cases are usually not eligible for the maximum policy limits. Nevertheless, your hit-and-run attorneys will advocate for the highest compensation you deserve.

    Moderate Injuries

    Compensation is generally higher for more significant injuries, such as broken bones or moderate concussions. The victim needs more money to pay for more extensive lab tests, expensive medication, and a longer recovery period. Any lost wages incurred due to the injuries may be factored into the settlement. Compensation in these cases can range from $30,000 to $75,000 or over $100,000.

    Severe Injuries

    Hit-and-run accident cases involving catastrophic injuries, such as TBIs, spinal cord injuries, or permanent disabilities, can be worth several hundred thousand dollars. This higher compensation is meant to cover extensive medical and rehabilitation costs, long-term or permanent loss of income, and significant pain and suffering. It should also cover other necessary expenses, such as home modifications or care services.

    Some cases can reach or exceed a million dollars. For example, one of our previous clients was involved in a rideshare accident. The hit-and-run driver remained unidentified, but we could still secure significant compensation. After years of arbitration, our attorneys for hit-and-run cases recovered $1 Million for the victim.

    In another case, our lawyers handling hit-and-run cases negotiated a fair settlement deal for a sweet older woman injured in a pedestrian accident. We successfully protected her rights despite the other side’s attempts to blame her. Before the trial, our hit-and-run attorneys had obtained $1.7 million for her on her behalf.

    These examples highlight the importance of getting the right lawyers for hit-and-run cases. A competent injury law firm can represent you effectively to obtain compensation that reflects the full extent of your losses.

    How Are Hit-And-Run Accidents Investigated?

    After a hit-and-run accident, law enforcement agencies take several steps to identify and apprehend the driver responsible. The investigation process typically involves the following key actions:

    • Interviewing witnesses
    • Analyzing information from the victim
    • Collecting and viewing surveillance camera footage
    • Making public announcements on the news
    • Using social media to spread and gather information
    • Contacting local hospitals and clinics to inquire about any car accident injuries they may have treated

    The police will use evidence to piece together the events leading up to, during, and after the hit-and-run. Even with limited information, such as a partial vehicle description, investigators can make significant progress in identifying suspects. For example, they can collect CCTV recordings in the area and along the vehicle’s route. The authorities can then review them and look for vehicles matching the basic description.

    These steps resemble how lawyers investigate car accidents, including hit-and-run cases. Lawyers who handle hit-and-run cases will use the evidence gathered to identify negligent parties and prove fault.

    What Should I Do If I’m The Victim Of A Hit-And-Run?

    A hit-and-run is a traumatic experience for the victim, but knowing what to do can help protect your safety and legal rights. Here are the steps you should take:

    Get To A Safer Place

    If you’re in a vehicle, try to move it to the side of the road if possible. If you’re on foot or a bicycle, move to a secure location if you’re able. Avoid standing in dangerous areas where another vehicle might hit you.

    Note Important Information

    Try to note any details about the vehicle that hit you as soon as possible. Even partial information can be crucial for the investigation. Key details to remember include:

    • Color, make, and model of the vehicle
    • License plate number (even a partial number)
    • Any distinctive features, like stickers, damage, or unusual sounds

    If you’re unsure about vehicle details, describe the car’s appearance or anything that stands out as much as you can.

    Call For Help

    dialed 911 on phone after a hit and run accident

    If there are serious injuries, call 911 for immediate medical help. If there are no severe injuries, you can contact the local police station to report the incident and request assistance.

    Gather Evidence

    Collect as much evidence from the scene as possible. Take pictures and videos of the scene, including your injuries, any damage to your vehicle, and the surrounding area. You can also note any local businesses with surveillance cameras that might have captured the accident.

    Talk To Witnesses

    Look for any witnesses nearby who may have seen the accident. Ask for their contact information and whether they noticed any details about the vehicle or driver. Witnesses may also have captured the incident on their phones, so it’s worth asking if they have any photos or videos.

    Seek Medical Attention

    Regardless of how you feel after the accident, seek medical attention immediately. Injuries like concussions or internal injuries might not be apparent, but they can be severe. A thorough medical evaluation will ensure you receive the necessary care and provide important documentation for potential legal action.

    Report The Accident

    Anyone involved in a vehicle collision must report it, even if they are not to blame. Contact your local Department of Motor Vehicles (DMV) or the appropriate agency to file an accident report. Include the details you’ve gathered. This step is crucial for both legal and insurance purposes.

    Consult With Hit-And-Run Injury Attorneys

    Whether you’re an injured driver or a passenger in a hit-and-run accident, we can help you. They can explain your legal rights, help you explore your options for compensation, and assist in investigating the accident. Our hit-and-run accident lawyers can also help identify the driver or pursue other potential negligent parties who may be liable for your damages.

    Frequently Asked Questions
    How Long Do You Have To Report A Hit-And-Run In California?

    In California, you must file a report with the DMV within ten days if the accident results in:

    • Damages worth at least $1,000
    • Injuries
    • Deaths

    You have five days to report the incident if you were driving a company vehicle.

    How Long Do I Have To File A Hit-And-Run Accident Claim?

    You have two years to file a personal injury case for a hit-and-run in California. However, the statute of limitations can vary by state, and some exceptions may shorten or extend the deadline. It’s best to act quickly because evidence can disappear, and witnesses may become more challenging to reach over time. Consult attorneys who handle hit-and-run accident cases immediately to initiate the process.

    Do I Have To Wait For The Criminal Trial To Conclude Before I Sue A Hit-And-Run Driver?

    You don’t have to wait for the criminal trial to be over before you file a lawsuit against the hit-and-run driver. Criminal proceedings are separate from civil cases. You can sue a hit-and-run driver as soon as they’re identified. You should talk to knowledgeable lawyers for hit-and-run accident claims to learn more about how the process works.

    What Are The Common Injuries In Hit-And-Run Accidents?

    Hit-and-run accidents can result in a range of injuries similar to those in other road accidents, such as car and truck accidents. These include:

    • Lacerations
    • Fractures
    • Damage to internal organs

    These injuries can become more severe if the driver flees without offering help. For instance, delayed treatment for spinal cord injuries can lead to paralysis. Untreated fractures could result in the amputation of the affected limb.

    How Much Can You Sue For A Hit-And-Run In California?

    You can typically sue for the full amount of your losses. California has no caps on the damages you can claim after a hit-and-run accident. You can obtain compensation for damages like medical bills, car repairs, pain and suffering, and reduced quality of life. Request a free consultation from lawyers who work on hit-and-run claims to learn what you are entitled to.

    What Is The Penalty For A Hit-And-Run In California?

    The penalties for a hit-and-run in California depend on whether the criminal offense is classified as a misdemeanor or a felony.

    For misdemeanor cases, the possible penalties are:

    • Imprisonment of up to six months
    • A fine not exceeding $1,000
    • Both imprisonment and a fine

    For felonies, the hit-and-run driver can face the following penalties:

    • Imprisonment in state prison for two, three, or four years
    • Imprisonment in a county jail for at least 90 days up to a year
    • A minimum fine of $1,000 to a maximum of $10,000
    • Both imprisonment and a fine

    Understanding the difference between the classifications helps you determine the amount of damages you may claim in your civil lawsuit.

    When Is An Accident Not A Hit-And-Run?

    Many people who leave the scene of an accident don’t necessarily do it to avoid responsibilities. The law makes exemptions in specific situations, such as when:

    • The driver leaves to get help from a nearby police station.
    • The driver leaves to get a better cellular signal to call 911.
    • There’s no safe place to stop (e.g., flooding in the area).
    • Stopping will put the driver in a dangerous situation (e.g., they will be at risk of being harmed by an angry mob).

    Even in these situations, the driver must make reasonable efforts to provide help. If stopping is impossible, the driver can still contact 911 to explain the situation. They can also take appropriate actions as soon as it is safe.

    Can A Hit-And-Run Be Dismissed In California?

    Depending on the specific circumstances, a civil hit-and-run case can be dismissed. One common reason is the expiration of the statute of limitations. Meanwhile, criminal charges can also be dropped for various reasons, such as lack of evidence.

    It’s crucial to hire skilled lawyers who handle hit-and-run accidents. They can help ensure all procedures are followed correctly. If the criminal charge against the driver is dismissed, you still have a chance to win your civil claim. Expert attorneys who specialize in hit-and-run cases will help you with that.

    What Evidence Is Needed To Convict A Hit-and-Run Driver?

    Some of the evidence needed to convict hit-and-run drivers includes:

    • Photos and video of the scene
    • CCTV footage from nearby establishments or along the route
    • Paint damage
    • Eyewitness testimonies
    • Police and first responder reports
    • Medical records

    These pieces of evidence can also serve as proof for a civil lawsuit. Lawyers for hit-and-run claims will identify and gather additional evidence to strengthen your case.

    When Should I Accept A Settlement After My Hit-And-Run Accident?

    You should only accept a settlement after consulting with your hit-and-run accident attorneys. Insurance companies often offer low settlements, which might not cover all your expenses. Some victims have received far less than they deserved, leaving them alone to cover ongoing costs.

    Hiring attorneys handling hit-and-run claims will allow you to get fair compensation. They will negotiate with insurance companies to secure your best possible outcome. If you have questions about the settlement process, don’t hesitate to contact us.

    What If You Can’t Find The Hit-And-Run Driver?

    If the police cannot locate the hit-and-run driver, you still have options for compensation. You can file a claim with your auto insurance provider or use your health insurance for coverage. Our attorneys specializing in hit-and-run accidents can assist you in exploring all available options and help you pursue maximum compensation.

    How Much Will It Cost Me To Hire Hit-And-Run Attorneys?

    Hit-and-run attorneys who charge on a contingency fee basis receive 33% to 40% of the settlement or court award. This payment arrangement doesn’t require upfront fees. It also means you won’t have to pay unless they win your case.

    Who Can Sue For A Hit-And-Run Accident?

    Anyone injured in a hit-and-run accident can file a claim. Other eligible parties include the victim’s family members if the victim can’t file themselves and those with Power of Attorney (POA) for the victim. The legal system doesn’t discriminate. Anyone in California is allowed to exercise their legal rights, including undocumented immigrants.

    I Don’t Speak English. Can I File A Hit-And-Run Claim?

    You can still pursue a claim even if you don’t speak English fluently. At Arash Law, we help all victims regardless of the language they speak. We have multilingual staff members and can provide translators and interpreters throughout the process, including document preparation, depositions, and trials.

    Do I Need Hit-And-Run Attorneys After An Accident?

    Yes. You need hit-and-run lawyers to guide you through the process and represent you effectively. Here are some key reasons why you need a hit-and-run attorney:

    • Hit-and-run cases can be complicated. You need attorneys who have a proven track record of winning complex cases.
    • Attorneys have the resources and experience to conduct a thorough investigation. They also work with experts, like accident reconstructionists, to strengthen your claim.
    • They can accurately calculate the full extent of your damages, including any future care needs.

    Hit-and-run accident attorneys can also help you pursue a case in court. They can present your case effectively before the judge and jury.

    Injured In A Hit-And-Run? Our Lawyers Will Help You Get Compensation

    Being injured in a hit-and-run accident is a profoundly traumatic experience. It leaves you not only with physical pain but also with a sense of helplessness and uncertainty. You might feel that your chances of receiving compensation are slim with the driver missing, but that’s not necessarily true.

    Arash Khorsandi, Esq., and his legal team at Arash Law understand the emotional and financial toll such accidents can take. You should not be burdened with the consequences, regardless of whether the hit-and-run driver is found. Consult our attorneys specializing in hit-and-run cases to assess all possible avenues for compensation. With over $500 Million recovered for victims, our personal injury lawyers have successfully helped clients obtain compensation for their injuries, pain and suffering, and other damages.

    Are you an injured pedestrian, a cyclist in a hit-and-run bicycle accident, or a car driver? Whatever the case, you need expert representation now. Arash Law’s attorneys have proven themselves capable of winning even the most complicated cases. We serve Los Angeles, San Francisco, San Diego, Fresno, Alameda, Riverside, Solano, and the rest of California. If you cannot come to us, we can come to you.

    Don’t wait. Contact (888) 488-1391 today to protect your rights. The sooner you take action, the better your chances are of securing the compensation you need to move forward. Our attorneys specializing in hit-and-run claims will guide you through the process, helping you every step of the way.

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    We’ll tell you if you have a case or not within five minutes, call (888) 488-1391

    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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