Hit and Run
Hit-and-Run occurs, when a party involved in a crash, knowingly leaves the scene of the incident, without exchanging contact information. Generally, Hit and Run crimes are committed by intoxicated drivers, drivers who do not have a valid driver’s license or insurance coverage, and so on.
California Vehicle Codes 20001 and 20002 construe Hit and Run as Misdemeanor or Felony Crimes. In other words, anyone fleeing the scene of an accident could be charged with a crime in addition to civil liabilities. The best thing to do after an accident or a crash is to:
- Stop in a safe place at the scene of the collision;
- Provide identification; and
- Offer assistance to any person injured as a result of the accident.
A Hit-and-Run accident does not have to always be between moving vehicles. It could take place if a driver strikes:
- A pedestrian
- A bicyclist
- A motorcyclist
- An animal
- An animal
- Or other properties.
PUNISHMENTS FOR THE CRIME OF HIT-AND-RUN
In California, penalties or punishments for hit and run crimes depend on whether the accused is convicted of a Misdemeanor or a Felony.
A) If the Hit-and-Run causes property damage, and the accused is convicted of a Misdemeanor, he or she could be punished with:
1) Up to 6 months in County Jail or Probation;
2) Up to $1,000 in fine;
3) Paying for damages to the victim, and
4) 2 Driving Record Points.
B) Hit and Run causing Injury or Death–if the accused is convicted of a Misdemeanor:
1) Up to 1 year in Jail and/or $1,000 to $10,000 fines.
C) Hit and Run causing Injury or Death–if the accused is convicted of a Felony:
1) 2, 3, or 4 years in state Prison and/or $1,000 to $10,000 in fines.
WHO PAYS FOR INJURIES & DAMAGES CAUSED IN A HIT AND RUN CRASH?
If you are a victim of a Hit and Run crime, you could be tempted to chase the fleeing driver, and have him or her punished. This is not a wise and viable course of action. You may get into other accidents and sustain even worse injuries or hurt others. The best thing to do is to stop in a safe place, and seek medical care if you or others are hurt.
You should remember as much information, such as type of vehicle, plate number, vehicle color, number of occupants, approximate direction and speed of the fleeing vehicle–and report it to the police as soon as you can.
Please remember, you can only hold a hit-and-run driver, if you find them, and if they have financial capability or sufficient insurance coverage to pay. This is why it is always in your best interest to protect yourself and your family by buying full coverage insurance, including uninsured vehicle coverage.
If you have been injured or a loved one has been killed in a Hit-and-Run crash, please give Chosen Lawyers a click or call, right away. Chosen Lawyers know how to investigate such cases thoroughly, potentially find those responsible and hold them accountable. Chosen Lawyers can also look for witnesses, utilize the media or subpoena the operators of private and public surveillance or traffic cameras, etc. In other words, Chosen Lawyers will leave no stone unturned, in their quest for Justice. And they do not charge you a penny for their Advice, Investigation and Litigation–because they do it all on a Contingency basis. This means, they only get Paid, when You Win!
IN CASE OF AN ACCIDENT, WHAT TO DO, IF NOBODY IS AROUND?
The Law mandates that the driver of the vehicle, who caused the accident with a parked vehicle or other unattended properties, to leave a note with contact information and report the incident to the law enforcement.
While, it is important for a party involved in an accident to be aware of the accident in order to stop: fault is not an issue in a Hit-and-Run case. This means, even if a driver that obeys all traffic laws gets into an accident, due to the carelessness of others, must stop at the scene and provide identification or offer aid to the injured, if needed.
Even a passenger, who takes control of a vehicle, which is involved in an accident, and leaves the scene of the accident; or successfully persuades the driver to flee, can face criminal charges and civil liabilities.
ADMINISTRATIVE PENALTIES FOR HIT-AND-RUN
In addition to criminal prosecution, a driver involved in a hit and run could be subject to:
- Civil lawsuits brought by victims of the accident;
- The Department of Motor Vehicles (DMV) could impose its own administrative penalties. For instance, a conviction for Hit-and-Run, regardless of whether it’s for a felony or misdemeanor, can result in suspension or revocation of the driver’s license for a period of six months or more.
- Insurance Corporations could increase their insurance premiums, and so on.
CIVIL PENALTIES FOR HIT-AND-RUN
The victim of a Hit-and-Run accident could file a lawsuit against the fleeing driver for compensations, such as medical bills, lost wages, property damages, and many other types of damages.
Some jurisdictions impose “Treble Damages,” which means the awarded damages to the plaintiff are automatically tripled. This is a punitive measure to prevent the Defendant and/or others from committing Hits-and-Run crimes in the future.
WHO PAYS FOR HIT-AND-RUN DAMAGES, WHEN THE FLEEING DRIVER IS NOT IDENTIFIED?
If the fleeing driver is not identified, compensation for damages depends on the State, where the accident took place. Generally, your own vehicle insurance could pay for your damages, if you have “Uninsured Coverage.”
The Uninsured motorist bodily injury helps pay for Physical Injuries caused by a Hit-and-Run accident, while Uninsured Motorist Property Damage covers damages to your vehicle damages. Uninsured motorist coverage is optional in some states and mandatory in others.
WHAT TO DO IN CASE OF A HIT-AND-RUN ACCIDENT?
If you are hit by another driver, who flees the scene, you should try to safely:
1. Pull over and make sure everyone is okay. It is important that you do not chase after the offending driver.
2. Try to record as much detail as you can, safely, about the causes and circumstances of the accident, such as:
- A description of the fleeing driver and/or the vehicle’s color, make, model, and license plate number;
- Time and location of the accident;
- The sequence of events, including which direction the fleeing driver was headed before and after the accident;
- Write down the contact information of any eyewitnesses;
- If safe, take some pictures of your damages, location, positions, directions and so on.
3. Contact Police
An official accident report in a Hit-and-Run accident could make a major difference in the outcome of your case. Even if you are unable to provide much information about the fleeing driver, your police report will come in handy during your claims’ process.
4. Call Your Chosen Attorney immediately for legal advice, regarding your rights and responsibilities.
Our Chosen Trial Lawyers are ready to protect your rights and obtain full justice, with the speed-of-need!
Go ahead, click or call Chosen Hit and Run Lawyers, now. Because when you get hit by a careless driver, you need a superb Chosen Lawyer to make them pay!
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