Being injured in a hit-and-run accident can be a terrifying experience. You may feel shocked, confused, and unsure of what to do next.
In California, hit-and-run incidents are taken very seriously by law enforcement. Knowing your rights and the legal steps to take after a hit-and-run can make a big difference in your recovery. Vaziri Law is here to walk you through this process.
When the driver who caused the accident flees the scene, it adds stress and uncertainty to an already difficult situation. You might worry about how to cover your medical bills and other expenses after a hit-and-run accident.
Fortunately, there are legal options available to help you after a hit-and-run. Understanding California's laws on hit-and-run accidents can help you during this challenging time.
Legal Definition of a Hit-and-Run in California
In California, a hit-and-run car accident is defined as leaving the scene of a crash without providing necessary information or assistance.
According to the California Vehicle Code, drivers involved in an accident must immediately stop and exchange information. This includes providing your name, address, and driver's license number to the other driver or parties involved in the hit-and-run accident. Failing to do so can result in serious legal penalties under the vehicle code.
Hit-and-run crimes can involve property damage, injury, or even death. The severity of the charges depends on the circumstances of the hit-and-run accident. Both misdemeanor hit-and-run and felony hit-and-run are punishable under California law.
Knowing the differences between these hit-and-run charges is important if you are involved in a hit-and-run incident.
California Penal Code Section 20002 Overview
California Vehicle Code Section 20002 outlines the laws regarding misdemeanor hit-and-run involving property damage. Under this vehicle code, you must immediately stop your vehicle if you are involved in a hit-and-run accident that results only in property damage.
You are required to provide your name, address, and vehicle registration number to the other driver or property owner after the hit-and-run. Failing to do so can result in misdemeanor hit-and-run charges under the vehicle code.
If you cannot locate the owner of the damaged property after a hit-and-run accident, you must leave a written note with your information and report the hit-and-run accident to the local police. Violating Vehicle Code Section 20002 can lead to legal penalties, including fines and possible jail time in county jail.
Understanding this vehicle code section is important to avoid criminal charges for a hit-and-run crime. Providing reasonable assistance and information after a hit-and-run is not just courteous. It's the law under the vehicle code.
Differences Between Felony and Misdemeanor Hit-and-Runs
You must be familiar with the differences between felony hit-and-run and misdemeanor hit-and-run. The main distinction lies in the severity of the hit-and-run accident and the resulting injuries or damages.
Property damage only.
A misdemeanor hit-and-run involves accidents where there is only property damage. Leaving the scene without providing information can lead to misdemeanor hit charges under the vehicle code.
Injury to a person.
If the hit-and-run incident results in injury to another person, it is considered a felony hit-and-run. This includes both minor and serious or permanent injuries.
Death of a victim.
When a hit-and-run causes death, the driver faces felony hit-and-run charges. The legal penalties are more severe in these cases, including potential prison time.
Legal penalties.
A misdemeanor hit-and-run can result in fines and up to six months in county jail. A felony hit-and-run can lead to fines and up to four years in state prison.
Obligation to provide reasonable assistance.
In accidents involving injury or death, drivers must provide reasonable assistance, such as calling for medical help. Failing to do so can result in felony hit-and-run charges.
Both types of hit-and-run crimes carry serious consequences. Knowing the differences can help you understand the legal process and potential outcomes under the California Vehicle Code.
Immediate Steps to Take After a Hit-and-Run Accident
Steps you should follow after a hit-and-run include:
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Obligation to provide reasonable assistance. If possible, move to a safe location to avoid further danger. Check yourself and others for any injuries after the hit-and-run.
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Call the police. Report the hit-and-run accident to law enforcement immediately. Provide them with as much information as possible about the hit-and-run driver and vehicle involved.
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Gather information. Note any details about the other vehicle, such as make, model, color, and license plate number. Look for witnesses who may have seen the hit-and-run incident.
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Document the scene. Snap some pictures of the crash scene, your vehicle, and any property damage from the hit-and-run. This evidence can be critical when filing a claim with your insurance company.
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Seek medical attention. Even if you feel okay, get examined by a medical professional. Some injuries may not be immediately apparent after a hit-and-run accident.
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Contact your insurance provider. Inform your insurance company about the hit-and-run collision as soon as possible. They can guide you through the claims process.
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Consult a lawyer. Call a legal professional experienced in hit-and-run cases. They can safeguard your rights and pursue compensation.
Recovering Compensation After a Hit-and-Run Accident
Being injured in a hit-and-run crash can saddle you with medical bills and other expenses. Recovering compensation may seem challenging when the hit-and-run driver is unknown. However, there are several ways to pursue financial recovery after a hit-and-run accident.
Filing a Claim With Your Insurance Provider
Your first step should be filing a claim with your insurance company. They may cover your damages under certain policies, even if the hit-and-run driver is unidentified. Provide them with all the information and documentation from the hit-and-run accident. Be honest and thorough to ensure a smooth claims process.
Utilizing Uninsured Motorist Coverage
If you have uninsured motorist coverage, it can help cover expenses from a hit-and-run accident. This coverage is intended to protect you when the other driver is unidentified or uninsured.
It can cover medical expenses, car damage, and other financial expenses resulting from the hit-and-run. Review your policy to be familiar with the extent of your coverage.
Pursuing Compensation Through Other Avenues
In some cases, other sources of compensation may be available. If the hit-and-run driver is spotted later, you can file a claim against their insurance.
Additionally, if a third party contributed to the hit-and-run accident, they might be held liable. Partnering with a lawyer can help you explore all possible options after a hit-and-run.
Challenges in Hit-and-Run Cases
Hit-and-run cases present unique challenges for victims seeking justice. Identifying the responsible hit-and-run driver can be difficult. Collecting sufficient evidence and dealing with insurance companies adds to the complexity of hit-and-run cases.
Identifying the Responsible Driver
Finding the hit-and-run driver is often the biggest hurdle. Without their identity, holding them accountable becomes challenging.
Police investigations rely on witness statements, surveillance footage, and other evidence related to the hit-and-run. The sooner you provide information, the better the chances of identifying the driver involved in the hit-and-run.
Collecting Sufficient Evidence for a Claim
Evidence is critical in supporting your case after a hit-and-run accident. Gathering photos, witness contacts, and police reports strengthens your case.
Lack of evidence can make it hard to prove the hit-and-run incident occurred. Working with professionals can help you collect and organize necessary documentation related to the hit-and-run. We want to help you recover a fair settlement.
Overcoming Insurance Company Obstacles
Insurance companies may hesitate to pay out claims in hit-and-run cases. They might question the validity of the hit-and-run accident or minimize your injuries.
Dealing with insurance adjusters can be stressful and time-consuming after a hit-and-run. Having legal representation can help you overcome these obstacles.
The Benefits of a Lawyer in Hit-and-Run Injury Cases
Partnering with a lawyer can change the outcome of hit-and-run injury cases. They provide expertise and support during a difficult time.
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Legal expertise. A lawyer understands the California Vehicle Code and can interpret relevant laws related to hit-and-run. They can go through your rights and the legal penalties the hit-and-run driver may face.
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Investigation assistance. Lawyers can help gather evidence to identify the responsible hit-and-run driver. They may work with investigators to track down the vehicle involved in the hit-and-run.
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Negotiation skills. Negotiating with insurance companies can be stressful after a hit-and-run. A lawyer can negotiate with your insurance provider or the driver's insurance company on your behalf.
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Maximizing compensation. An attorney aims to get you the maximum compensation for your injuries from the hit-and-run. This includes medical bills, lost wages, and emotional distress.
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Representation in court. If needed, a lawyer can represent you in court. They will build a strong case to tie your injuries to the hit-and-run crime.
Having legal support can alleviate stress and improve your chances of a favorable outcome. A lawyer guides you through the process so you don't have to face the hit-and-run aftermath alone.
Let Our Team Maximize Your Case Compensation
At Vaziri Law, our experienced attorneys are dedicated to helping hit-and-run victims. We understand the challenges you face after such a traumatic hit-and-run event. Our team gathers evidence and builds a strong case under the California Vehicle Code. We strive to hold the hit-and-run driver accountable for their actions.
We cover all communication with insurance companies and legal entities involved in the hit-and-run. Our goal is to maximize your compensation for medical costs, lost paay, and other damages resulting from the hit-and-run accident.
With our know-how, you can prioritize your medical recovery while addressing the legal aspect of your hit-and-run case. Trust us to fight for your rights every step of the way.
Contact Our Los Angeles Car Accident Lawyer for a Free Case Consultation
If you've been injured in a hit-and-run accident, you don't have to go through this journey alone. At Vaziri Law, our Los Angeles car accident lawyer is here to help you understand your options under the California Vehicle Code.
Contact us today for a free case consultation. Let us provide the support and representation you need during this difficult time.
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