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What Constitutes a Hit-and-Run in California?
One of the most complicated types of personal injury cases involving vehicles is an accident that ends in a hit-and-run incident. On top of the inconvenience, stress, chaos, potential injuries, and property damage, a hit-and-run incident also raises the question of how to get help and compensation for the results of the accident.
A hit-and-run accident is defined as an accident in which one of the people involved in the accident fails to do any of the following things after the accident has taken place:
- The driver is required to stop their vehicle right away.
- The driver must give their name and address to the other parties involved in the accident.
- If the other party requests it, the driver must also provide their driver’s license and proof of their car’s registration.
If a driver does not do any of these three things and leaves the scene of an accident, it can be considered some degree of hit-and-run.
These kinds of situations can victimize anyone from 18-wheeler drivers to motorcycle riders, and they turn an already challenging situation into a potentially devastating one. That’s why it’s important to know what you should do after an accident, how to react if you see a hit-and-run, and your options for recovery and compensation. It’s also best to have an experienced and knowledgeable attorney like the team at California Legal Counsel on your side to ensure you get the best possible result from a terrible situation.
Why Do Drivers Flee the Scenes of an Accident?
People are often surprised that someone would flee the scene of an accident they were involved in, primarily because a hit-and-run is a crime. The truth is that even when something as serious as the commission of a crime is on the line, people still decide to leave the scene for many reasons.
A primary reason is fear of more significant trouble. For instance, if the driver had no valid driver’s license, was driving without insurance, or had a warrant out for their arrest, they may think that fleeing is a chance worth taking so as not to be in more trouble.
It could also be because they know they are clearly at fault for something serious. Examples of this would be falling asleep behind the wheel or driving under the influence of drugs or alcohol. No matter the reason, fleeing the scene of an accident makes every situation considerably worse because they have now committed a crime.
What Do I Do If a Driver Is Fleeing the Scene of an Accident?
If you are in an accident, keeping your wits about you and remembering what to do can be difficult. However, if you are not seriously injured and can survey the scene, doing some things as quickly as possible is essential.
Getting pictures of the scene, and particularly the other vehicle and driver if possible, is a smart decision. That way, if they decide to flee the scene, you have evidence that will help police find them. As soon as you have those images captured, you should immediately call the police and report the accident. If you are injured, your first call should be to 911, who will then send the police in addition to emergency services.
What Compensation Options Do I Have After a Hit-and-Run Accident or Injury?
Dealing with the aftermath of an accident becomes much more complicated when you do not have the information or cooperation of the other driver. In cases like this, you have a few options.
First, you should check about your uninsured motorist coverage policy. That’s a provision in your insurance that covers you from a motorist who either has no insurance or cannot be identified. That applies in the case of a hit-and-run driver.
In addition to your insurance, you may be eligible for financial assistance that California provides victims of violent crimes, including hit-and-run accidents. This assistance comes courtesy of the California Victim Compensation Board, and you can find more detailed information on their website. However, an attorney with experience in hit-and-run cases, such as California Legal Counsel, can provide you with their contact information and let you know if your specific case is likely to be eligible for compensation.
And finally, it’s important to remember that while a hit-and-run is a criminal violation, you can also bring civil suits against them. There are challenges in bringing a case against a hit-and-run driver if you don’t have enough of their information to identify them. Still, it is sometimes possible to file what is known as a “John Doe” lawsuit against the unknown party while the investigation is ongoing. However, if you have some information, such as a license plate number, you may have enough to identify the hit-and-run driver and bring a civil suit against them.
Do I Need an Attorney for My Hit-and-Run Accident Case?
Like many aspects of the law in the state of California, citizens can represent themselves in most aspects and they are not required by law to have an attorney for their hit-and-run case. However, it’s important to remember that there are many complicated details to deal with, deadlines to remember, and paperwork to handle. The average citizen had a hard time keeping up with it all and knowing the full details of the law and how it affects them.
That is why it’s the best decision for your complete physical recovery and your potential for the best compensation to speak with an attorney with years of experience dealing with the fallout of hit-and-run cases. A law firm like California Legal Counsel can be there to advise you on aspects of the case that would never occur to you because they have seen it and handled it before. They can also be a source of emotional support and life advice that will help you get back to the life you had before the accident upended everything and caused chaos and inconvenience.
If you or a loved one have been struggling in the aftermath of a hit-and-run case and you need legal support, call California Legal Counsel at 866-691-2077 so we can get started today, helping you get back to the life you wanted before the accident.
