Can You Sue Someone for a Hit and Run in California?

Yes, you can sue someone for a hit and run, provided you can identify the at-fault party, or through your uninsured motorist coverage.  In California, hit-and-run incidents are unfortunately common, contributing significantly to the overall number of road accidents each year.

The impact of a hit and run on victims can be profound, both physically and emotionally. Victims may face severe injuries, mounting medical bills, and lost wages due to their inability to work.

The emotional toll of such an incident and the frustration of not knowing if the responsible party will ever be held accountable can be overwhelming.

Legal Basis for Suing in Hit and Run Cases

In California, the legal framework for addressing hit-and-run cases is well-defined under California Vehicle Code sections 20001 and 20002. These sections stipulate that any driver involved in an accident must stop at the scene, provide their contact and insurance information, and assist injured parties. Failing to do so can result in both criminal and civil liabilities.

Section 20001 pertains to hit-and-run incidents involving injury or death, classifying such acts as felonies. The penalties for violating this section include substantial fines, imprisonment, and a permanent criminal record. Section 20002 addresses accidents involving only property damage, categorizing these incidents as misdemeanors with lesser penalties.

Common causes for Hit and Run Accidents

There are various reasons why drivers might flee the scene of an accident. Some common causes include:

• Driving under the influence: Intoxicated drivers often panic and flee to avoid severe DUI charges.
• Lack of insurance: Uninsured drivers may leave the scene to evade financial responsibility.
• Suspended licenses: Drivers with suspended or revoked licenses may flee to avoid legal consequences.
• Fear of arrest: Drivers with outstanding warrants or involved in illegal activities might run to avoid arrest.
• Panic and confusion: Some drivers flee out of sheer panic and confusion, especially if they are young or inexperienced.

Immediate Actions to Take After a Hit-And-Run

As with any car accident, If you are a victim of a hit and run, it’s crucial to remain calm and take specific steps to protect your health and legal rights:

Ensure Safety:

Move to a Safe Location: If possible, move your vehicle out of traffic to a safe location to avoid further accidents or injuries. Turn on your hazard lights to alert other drivers.

Check for Injuries: Assess yourself and any passengers for injuries. If anyone is seriously hurt, call 911 immediately. Do not attempt to move anyone severely injured unless in immediate danger (e.g., from fire).

Gather Evidence:

Document the Scene: Use your phone to take pictures and videos of the accident scene, your vehicle, any visible injuries, and any damage to other property. Capture details like skid marks, road conditions, and weather.

Take Notes: Write down everything you can remember about the fleeing vehicle, such as its make, model, color, license plate number (even partial), and the direction it went. Include any details about the driver if you saw them.

Identify Witnesses: Look around for potential witnesses who may have seen the accident. Ask for their contact information and, if they are willing, a brief statement of what they saw.

Report to the Police:

Call the Police: Contact local law enforcement immediately to report the hit and run. Provide them with all the details you have collected. A police report is essential for documenting the incident and will be necessary for insurance claims and legal actions.

Follow-up: Ensure you get a copy of the police report or the report number. This document will be crucial for your insurance claim and any legal proceedings.

Seek Medical Attention:

Get Checked by a Medical Professional: Some injuries may not be immediately apparent even if you feel fine. It’s essential to have a medical professional evaluate you to document any injuries that may arise later.

Follow Medical Advice: Adhere to any treatment plans or recommendations provided by healthcare professionals. Keep records of all medical visits, treatments, and expenses.

Notify Your Insurance Company:

Report the Incident: Contact your insurance as soon as possible to report the accident. Provide them with all the information and documentation you have gathered, including the police report number.

Uninsured Motorist Coverage: If you have uninsured motorist (UM) coverage, your damages may be covered if the at-fault driver is not identified. Your insurance company can guide you on proceeding with this type of claim.

Consult with a Personal Injury Attorney:

Seek Legal Advice: Consulting with a car accident lawyer can help you understand your rights and options. An attorney can guide you through the legal process, assist with gathering additional evidence, and represent you in negotiations with insurance companies or in court.

Evaluate Your Case: A law firm can help assess the strength of your case and advise you on the best course of action to pursue compensation for your injuries and damages.

Legal Recourse and Compensation Options

Suing a hit-and-run driver can be challenging, but seeking justice and compensation is possible. Here are the steps and options available:

1. Filing a Claim Against the Driver: If the driver is identified, you can file a personal injury lawsuit against them. This lawsuit can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages.
2. Insurance Coverage: If the driver cannot be identified, you can still claim under your uninsured motorist (UM) coverage. This insurance is designed to cover damages caused by drivers who are uninsured or unidentified. It can help cover medical bills, vehicle repairs, and other expenses related to the accident.
3. Victim Compensation Funds: Some states, including California, have victim compensation funds that provide financial assistance to victims. These funds can help cover medical expenses, counseling, and other costs.

Challenges in Hit-And-Run Cases

These types of cases present several challenges for victims seeking compensation:

• Locating the Offender: Identifying the fleeing driver can be difficult, especially if there are no witnesses or camera footage.
• Legal Hurdles: Proving liability and securing compensation can be complex, requiring substantial evidence and legal expertise.
• Insurance Issues: Insurance claims can be frustrating, especially if the insurance disputes your claim or offers a low settlement.

Despite these challenges, pursuing legal action is important to hold the responsible party accountable and secure the compensation you deserve.

Role of an Attorney in Hit-And-Run Cases

An experienced personal injury lawyer can be invaluable. They can assist in:

• Investigating the Incident: Attorneys can work with investigators to gather evidence, assess damage to your vehicle, locate witnesses, and identify the fleeing driver.
• Negotiating with Insurance Companies: They can handle communication, ensuring your claim is processed fairly and promptly.
• Representing You in Court: If necessary, an attorney can file a lawsuit, represent you in court, presenting a compelling case to secure the compensation you deserve.

Legal representation can significantly improve your chances of a favorable outcome and alleviate the stress of handling the case independently.

Frequently Asked Questions

Q: How long do I have to file a claim after a hit-and-run accident?

A: In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, it’s important to act quickly to preserve evidence and strengthen your case.

Q: Do I need an attorney for a hit-and-run case?

A: While it’s possible to handle a claim on your own, having an experienced attorney can significantly improve your chances of success. They can manage the legal process, gather evidence, and negotiate with insurance companies on your behalf.

Q: Can criminal proceedings affect my civil claim?

A: Yes, criminal proceedings can impact your civil claim. A criminal conviction can provide strong evidence of liability in your civil case, but it’s important to pursue both avenues separately.

Q: Can I file a claim if the hit-and-run driver is unidentified?

A: Yes, you can still file a claim under your uninsured motorist (UM) coverage if the hit-and-run driver cannot be identified. UM coverage is designed to protect victims of hit-and-run accidents or accidents involving uninsured drivers. This coverage can help pay for medical expenses, vehicle repairs, and other related damages. Contact your insurance company for guidance on how to proceed with a UM claim.

Q: Are there specific penalties for drivers who commit hit-and-run offenses?

A: Yes, California law imposes severe penalties on drivers who commit hit-and-run offenses. If the hit and run involves injury or death, it is classified as a felony, and the driver can face significant fines, imprisonment, and a permanent criminal record. If the incident involves only property damage, it is treated as a misdemeanor, but the driver can still face fines, jail time, and other penalties. These legal consequences highlight the seriousness of hit-and-run offenses.

Q: What should I do if I witness a hit-and-run accident?

A: If you witness an auto accident, try to remember as many details as possible about the fleeing vehicle, including its make, model, color, and license plate number. Provide this information to the police and offer your contact details as a witness. Your information could be crucial in identifying the responsible driver and supporting the victim’s claim.

Q: How does a hit-and-run affect my insurance premiums?

A: Filing a hit-and-run claim, especially if you use your uninsured motorist coverage, may affect your insurance premiums. Discussing the specifics with your insurance provider to understand the potential impact on your rates is essential. Some insurers may offer accident forgiveness or other policies that minimize premium increases.

Experiencing a hit and run can be traumatic, but it’s important to know that you have legal options to seek justice and compensation. By taking immediate action, gathering evidence, and seeking legal assistance, you can improve your chances of a successful outcome.

Remember, you don’t have to face this situation alone—professional help is available to guide you through the process and ensure your rights are protected. Reach out to Benji Personal Injury today for a free consultation and let us assist you every step of the way.

Your recovery and peace of mind are our highest priorities. Contact us now to begin your journey toward justice.