With over 19,000 injured and 150 killed in California hit-and-runs each year, it’s critical to know how to protect your rights if you become a victim. Hit-and-run accidents can often leave you feeling confused about your next steps, especially when the at-fault party remains unidentified. Knowing how to navigate the aftermath of these incidents helps you fight for justice and secure the compensation you deserve. Read on to learn more about how to deal with a hit-and-run and your rights as a victim.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver hits a pedestrian, vehicle, or property and flees the scene without checking on the victim, contacting authorities, or leaving their contact information. Hit-and-runs can involve situations such as hitting a parked car, colliding with another driver, or damaging property such as a fence or mailbox.
Common Causes of Hit and Run Accident
Hit-and-runs occur for several reasons, often resulting from the driver’s fear of the consequences of their actions. The most common causes include:
- Drunk drivers: Impaired drivers often flee the scene of an accident to try to avoid the charge of driving under the influence of drugs or alcohol.
- Uninsured drivers: Those without state-mandated automobile insurance sometimes leave the scene of an incident to avoid facing charges or fines for violating this law.
- Drivers with legal problems: Drivers currently dealing with legal issues such as outstanding warrants, previous tickets, or suspended licenses may leave the scene to avoid facing further consequences.
- Panicked drivers: Sometimes, the stress of the situation can cause a driver to leave the accident out of fear or panic. These people often turn themselves in after calming down or seeking help from others.
What To Do After a Hit-and-Run Accident
If you’re the victim of a hit-and-run accident, there are immediate steps to protect yourself and gather critical information for your case. Contact the authorities as soon as possible to report the incident, providing as much detail as you can recall. Try to provide a description of the driver and the vehicle make, model, color, and any portion of the license plate you can remember. If there were any witnesses, gather their contact information and have the police take their statement. If the driver hit your car, take photos of the damage to use as evidence in your insurance claim.
After you speak with the police, seek medical attention from a doctor, urgent care center, or emergency room. Even if you feel fine, it’s essential to receive a professional evaluation to detect any injuries with delayed symptoms. Some insurance companies may also fight your hit-and-run accident claim, stating you were hurt in another event if you don’t receive immediate medical care.
In the days following the accident, contact an experienced personal injury lawyer like Jacob Emrani for legal guidance. They’ll walk you through the types of insurance you can use to cover your losses and work directly with the insurance company on your behalf. If authorities catch the at-fault party, your lawyer will help you file a case against them to receive your deserved compensation.
Your Legal Options After A Hit-And-Run
After a hit-and-run, your legal options will depend on the circumstances of the accident. If authorities are able to identify the at-fault driver, you can pursue a fault-based claim with their auto liability insurer or take them to civil court. California law doesn’t have a cap on damages you can claim, meaning you may be able to receive compensation for things such as:
- Car repairs
- Lost wages
- Medical expenses
- Emotional pain and suffering
- Wrongful death
If you don’t know the driver’s identity, you can file an uninsured motorist claim with your insurance company. These policies cover damages in the case of a collision with an uninsured or unknown driver, helping you receive compensation for your losses.
If you don’t have the identity of the at-fault driver or uninsured motorist coverage, you can attempt to seek compensation through collision insurance policies, health insurance, or identifying other at-fault parties or contributors to the accident.
Penalties For A Hit-And-Run Accident in California
The penalties for a hit-and-run accident vary depending on whether it’s considered a misdemeanor or felony. Misdemeanors can result in up to six months in county jail, a fine of up to $1,000, probation for up to three years, and restitution for damages. Penalties for a felony hit-and-run can include up to four years in state prison, a fine of up to $10,000, victim restitution, and a permanent criminal record.
To be found guilty of a hit-and-run, lawyers must prove that the driver was involved in the accident, caused damage to someone or their property, and that the defendant knew they were involved in the incident.
The Benefits of Hiring A Hit-And-Run Accident Attorney
Hiring a hit-and-run accident attorney helps you navigate the legal process and receive maximum compensation for your case. They’ll guide you through your legal options, outlining potential insurance claims or ways to pursue the at-fault driver. Hiring a personal injury lawyer offers the best chance of receiving compensation for medical bills, car repairs, lost wages, and other damages you incur from the incident.
Call Jacob Emrani for Legal Assistance in California!
If you’re the victim of a hit-and-run accident, contact The Law Offices of Jacob Emrani to fight for your rights and pursue the compensation you deserve. Whether you’re struggling to navigate your legal options or are dealing with a mountain of medical bills and insurance claims, our team is here to help. With decades of experience in California hit-and-run cases, our team understands the unique complexities and will help you receive maximum compensation for your losses.
Call (888) 952-2952 today to set up your no-cost case evaluation! Consultations are free, and you pay absolutely nothing until we win!
Frequently Asked Questions
What evidence is needed to convict a hit-and-run in California?
The evidence necessary to convict a hit-and-run driver in California often includes physical evidence from the scene, surveillance footage, eyewitness testimony, and forensic analysis. Typical evidence in these cases includes tire tracks, vehicle debris, dashcam footage, traffic cameras, and paint chips from the suspect’s vehicle.
Can you get punitive damages for a hit-and-run in California?
It’s possible to receive punitive damages for a hit-and-run accident if the driver’s actions were particularly egregious or reckless. For example, the court may award you punitive damages if the driver was swerving or speeding, left the scene with willful disregard for the safety of others, or acted with malicious intent.
What is the statute of limitations on a hit-and-run in California?
In California, the statute of limitations for a hit-and-run accident is generally two years. You must file a lawsuit within this timespan to be eligible to receive compensation for injuries, property damage, or other losses. In hit-and-run cases, the statute of limitations often begins from the date you identify the identity of the at-fault party rather than the date of the accident.