Getting into a car accident is stressful enough on its own, and the tension only increases when the other driver speeds off without a word. When you’re left standing on the side of the road, what’s the next step? Luckily, hope is not lost. You can still earn financial compensation and the justice you deserve, even when you’re left in the dust.
Compass Law Group, LLP has the expertise to let you know what happens with a hit-and-run accident. We’ll go over what a hit-and-run is as well as what your options are for compensation when you work with a car accident lawyer.
What is Considered a Hit-and-Run?
A car accident is considered a hit-and-run when one party willingly and knowingly flees the scene without providing adequate contact information or filing a police report. They may choose to do so for a multitude of reasons, but the result leaves the victim to deal with the damages themselves.
Hit-and-Run Risks on California Roads
The number of hit-and-run accidents in the state of California has seen a drastic increase within the last few years. The state reported around 5,500 felony hit-and-run accidents in 2021, just in Los Angeles County. With this sudden spike, it’s more important now than ever to know your rights after an accident and what you can do to receive the compensation you deserve.
Why Do Hit-and-Run Accidents Happen in California?
There are a wide variety of factors that could lead a person to commit a hit-and-run. While it can be frustrating for other parties involved, you may gain some insight from considering the possible causes. Common factors that cause hit-and-run accidents can include:
- Driving while intoxicated
- Driving without insurance
- Driving with a suspended license
- Falling asleep while driving
- Driving with an invalid license
Causing a pedestrian accident - The driver may be on probation
- The driver may have a warrant out for their arrest
Hit-and-Run Laws in California
Since hit-and-run accidents are a growing issue throughout the state, California has set some laws in place to try and combat the issue. In the California Vehicle Code, sections 20001 and 20002 outline the legal responsibilities of every driver involved in an accident as well as the punishments for not upholding them. The three main responsibilities are:
- All drivers must pull over immediately.
- All drivers must provide their full name and address.
- All drivers must provide insurance information and car registration upon request.
What Should You Do If You're a Hit-and-Run Victim?
If you’ve found yourself to be the victim of a hit-and-run accident in California, remain calm and take a moment. Keeping a level head will help you make the right decisions and do what you need to after an accident. Here are the steps you can follow to keep yourself safe after an accident:
- Dial 911: Get in touch with local authorities. They will send police and emergency medical services to your location. Seek medical attention as soon as possible to make sure you’re alright and you have a medical record of your injuries.
- File a Police Report: When the police arrive at the scene, work with them to file a report. Be as detailed as possible about the accident without framing blame on one person. Stick to the facts and choose your words carefully to not accidentally claim responsibility.
- Gather Evidence: Collect whatever evidence you can from the scene to use when you build your case. This can include photos and videos of your car, the surrounding area, any tire marks on the road, as well as eyewitness testimonies.
- Contact Your Insurance: Once you know you’re safe and not seriously hurt, contact your insurance company to file an accident report with them. This report will be part of your case evidence.
- Get in Touch with a Car Accident Lawyer: Once everything is in order, contact a car crash attorney in Los Angeles. They’ll help you strengthen your case and get the justice you deserve.
What if the At-Fault Driver Does Not Pull Over and Identify Themself?
If the driver responsible for the accident doesn’t properly pull over, they can be charged with a misdemeanor in the state of California. The accident is considered a misdemeanor hit-and-run if the driver took off and the damage was limited to property damage. However, if someone is hurt or killed, the accident becomes a felony.
What to Do If a Driver Refuses to Give Insurance Information
Who Pays For My Damages After a California Hit-and-Run Accident?
If the perpetrator isn’t identified, you may need to pay for the damages yourself. In these instances, it’s important to know your insurance policy for a hit-and-run accident. Your insurance may cover part of the expenses or all of them depending on your coverage, so get in touch with your insurance provider to go over your options.
What if No Solid Leads Appear Right Away?
In some cases, the initial evidence from a crash scene isn’t enough to point to a clear culprit. If this happens, local law enforcement will look for additional pieces of evidence, such as nearby surveillance cameras that may have recorded the accident. The goal is to get a clear picture of what the driver looked like, the make and model of their car, or their license plate number.
How to Avoid a Hit-and-Run Charge in California
Even if you pull over after an accident, if you don’t follow the proper steps, you could be accused of a hit-and-run. Knowing what to do can save you the anxiety of a false charge. There are three basic steps you need to do after an accident to avoid being charged with a hit-and-run:
- Pull over to someplace safe immediately after the accident occurs.
- Provide your full name, address, insurance information, driver’s license number, and car registration to the other driver as well as the local authorities.
- Fill out a police report at the scene.
Get a Los Angeles Car Crash Lawyer to Help Recover Your Losses
It can be scary to find yourself the victim of a hit-and-run accident in the middle of the city. Add the stress of navigating the legal system, and you may feel in over your head. Compass Law Group, LLP is here to stand by your side while working through the legal system. Our team of personal injury lawyers will stand up to the criminal defense and fight for the compensation you deserve.
FAQs
Yes! However, the exact financial amount depends on your policy and the type of coverage you have. You can speak with your insurance company to find out the specifics or work with a personal injury law firm in California to find out what your insurance will cover.
Unfortunately, hit-and-run accidents are an increasing problem in California. This can be attributed to a number of factors, such as the high rate of uninsured drivers.
A hit-and-run accident can stay on your driving record for up to 10 years. The exact timeline depends on the severity of the accident and whether or not there were any fatalities.
The penalties for a hit-and-run accident depend on the severity of the accident. While minor offenses may result in a fine, more serious accidents can result in jail time and hefty fines of over a few thousand dollars.
The statute of limitations for a hit-and-run accident in California is 2 years after the date of the accident. This means you could be charged for the accident 2 years after it happened.
In some cases, yes you can. Punitive damages are meant to punish the recipient for dangerous behavior. If the hit-and-run accident was caused by dangerous behaviors on the driver’s part, such as swerving or speeding, then punitive damages could be added to the compensation amount.
You can! It may take some time, as you have to go through the initial steps of locating the driver, properly identifying them, and then building out your case.
