Hit-and-run accidents happen every day. According to AAA, in 2023 there were 919,292 reported hit-and-run crashes, 7% resulted in fatalities and 10% resulted in injuries. Typically, in hit-and-runs between two cars, there’s an added layer of protection thanks to the bumper, airbags, and seatbelts. However, if there’s a pedestrian or a cyclist involved, the potential for severe injury or death rises.  

Finding the driver responsible for the accident can be difficult. Surveillance technology and eyewitness testimonies can significantly help victims find the driver responsible and hold them accountable. 

Speaking to a personal injury lawyer in Oakland can be one of the first steps in your journey to finding a hit-and-run driver.  

Personal Injury 

A personal injury refers to damage to someone’s physical, mental, or emotional health. Before filing a case, a plaintiff must prove that they suffered damage because of someone’s negligence or misconduct. Using evidence at the scene, an insurance adjuster or your personal injury lawyer can find out which parties are more liable than others.  

Comparative Negligence   

In California, multiple parties can be held liable for an accident. The percentage is divided amongst all participants based on the evidence provided by all parties.  

Pedestrians aren’t necessarily precluded from carrying liability in a hit-and-run accident. If a pedestrian acted in a reckless manner before being struck by a vehicle, then the pedestrian can hold fault for an accident.  

Economic Damages 

These damages are easy to prove in court using documentation. These include receipts for medical visits, in-home care, property damage, and lost wages. Keeping all records relating to the damage incurred due to the accident can help you and your personal injury attorney compensate you for all your expenses.  

Non-Economic Damages 

It is difficult to put a specific value on emotional and mental damage. Proving these ailments in court requires evidence proving that the afflicted party suffered these ailments because of the accident. Using medical records, witness testimony, and personal journals that document the changes in your life can prove the severity of the damage, how long the symptoms went on, and how they impacted your daily life.  

Punitive Damages  

If a party is found to be grossly negligent and the direct cause of an accident, they may pay punitive damages on top of economic and non-economic damages. Punitive damages are designed to punish guilty parties for their reckless behavior, ensuring they don’t do the same again.  

Hit-and-Run Accidents in Oakland 

If you’re in a hit-and-run as a pedestrian in Oakland, the priority should always be to seek medical attention and document evidence. 

Evidence to Collect During a Hit-and-Run 

In a hit-and-run, it’s likely that you will not be able to obtain all the evidence yourself, especially if you’re injured. However, it’s important to note down as much as you can and ask witnesses or nearby businesses to help fill in the gaps. This information includes:  

• License plate number  

• The vehicle’s make, model, and color 

• Description of the driver and their actions 

• General direction car went 

• Photos of the damage 

• Videos from nearby businesses  

• Dashcam footage 

• Location, date, time, of the accident 

• Names of witnesses and their contact details 

File a Police Report After a Hit-and-Run 

In California, all hit-and-run accidents must be reported to the police. Not only does it put an alert out for a reckless driver, but it also gives official weight behind your insurance claim. Having a criminal police report lets your insurance adjuster know that you have a verified source supporting your claim. If the hit-and-run driver is caught, they can use the police report to justify felony charges for injuring a pedestrian and leaving the scene.  

Do I Need Medical Attention After a Hit-and-Run? 

Suffering a hit-and-run as a pedestrian can often leave serious or life-threatening injuries. Even if you feel fine, see a medical practitioner as soon as possible. Injuries often manifest after an accident, but a doctor can help you find invisible injuries and give you an idea of what to look out for in the coming days. Make sure to keep all records of each medical visit afterwards.  

Common Injuries  

Some of the more common injuries in a pedestrian hit-and-run are:  

• Broken bones 

• Spinal Injuries 

• Concussions 

• Internal Bleeding  

Will My Insurance Cover This? 

Yes, if you have uninsured motorist (UM) coverage your insurance will cover your damages. In California, all auto insurance plans must have this coverage in their policies. The only way to waive this is to write a letter to your insurance provider refusing the service. It’s best to check with your insurance company and ask if you have UM coverage. 

UM Coverage 

UM Coverage can help cover the costs of medical expenses, lost wages, and pain. Keep a record of your economic and non-economic damages to provide your insurance adjuster with a clear visual of the damage you’ve suffered. Your car accident lawyer can also help support your claim with your insurance company. 

What if I’m Uninsured?  

If you don’t have car insurance, then your medical insurance will cover some of the treatment, depending on your plan. In some cases, you will have to pay out-of-pocket during your recovery. If the driver is found, then you will be able to sue for the damage you’ve endured because of the driver’s recklessness.  

Do I Need a Personal Injury Attorney? 

 As a pedestrian injured in a hit-and-run in Oakland, you may hire a personal injury attorney to help you seek compensation. In a case like this, it’s best to consult with a personal injury lawyer to determine if the compensation package your insurance company offers you is fair or if you have further rights. Often, insurance companies will give you as little as possible to preserve the company’s bottom line. A personal injury lawyer in Oakland can negotiate with the company to get you the compensation you deserve.  

FAQ 

What If I Was Hit-and-Run in a Police Chase? 

If you’re hit by a government vehicle with its sirens on, you most likely will not have case. Government entities are protected by the law, especially when they’re responding to a call. However, if it is found that the offending office has a history of violations, they can face consequences. A police officer does not have the right to injure you if they could have accomplished their goal without it. Talk to a car accident lawyer in Oakland to figure out what rights you have if you’re hurt by an Oakland PD officer in a chase. 

What happens in a Hit-and-Run Fatality? 

If a hit-and-run ends in a fatality, the family of the decedent has the right to pursue a wrongful death suit if the driver is identified. If not, the decedent’s insurance can cover medical care, but not funeral costs. It’s recommended to speak to a lawyer as soon as possible to start collecting receipts of the damage incurred by the fatal collision. 

Victim Compensation

In California, there is a victim compensation board available for victims of certain crimes. Victims of hit-and-run accidents and their families are eligible for this program if they meet other criteria.  

How Do I Avoid an Accident as a Pedestrian? 

The best way to avoid a hit-and-run as a pedestrian is to stay aware of your surroundings. Not every accident can be avoided, but when crossing the street, make sure to look at incoming traffic. Most pedestrian accidents happen at intersections, so it’s best to stay alert in those areas. Use protected crossings as often as possible and wear visible clothing.  

What if I Was Hit While Jaywalking?  

If you were hit while jaywalking and the car flees the scene, that is still a felony. Depending on your behavior, you may hold liability for the accident. While jaywalking is legal in California, be sure to do so safely – look both ways, wear visible clothing, cross in well-lit areas, and stay on sidewalks where possible. 

How Long Do I Have to File a Claim? 

In California, you have 2 years to file a claim if your injuries aren’t serious. If there was a serious injury, you have 6 months to file your claim.  

Contact a Lawyer Today  

Our team at Vaziri Law, LLP, has over 200 years of combined legal expertise at your disposal. We fight for our clients and their right to fair compensation. Contact us today for your free consultation.