A hit-and-run accident is an alarming and distressing event that leaves many victims unsure of what steps to take next. If you’re involved in a hit-and-run accident in California, it’s essential to take immediate action to ensure your safety, protect your legal rights, and seek compensation for any damages or injuries. The car accident lawyers at Avaness Law are here to guide you through the process and provide expert legal representation to help you recover.
What is Considered a Hit-and-Run Accident in California?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without exchanging information or offering aid to injured parties. In California, this applies to all types of accidents, whether involving another vehicle, a pedestrian, or even a stationary object. Under California Vehicle Code 20002 VC, all drivers are legally required to stop after an accident and provide their contact details to those involved.
Failing to fulfill these obligations results in a hit-and-run, which can be classified as a misdemeanor or felony, depending on the severity of the incident. If the accident causes only property damage, the offense is typically a misdemeanor. However, if injuries or fatalities are involved, the offense becomes a felony, carrying severe penalties, including hefty fines, probation, and potential jail time.
Immediate Steps After a Hit-and-Run
If you’re the victim of a hit-and-run, taking the following steps immediately after the accident can ensure your safety and protect your legal rights:
1. Ensure Safety and Check for Injuries
Your first priority is safety. Move to a secure location if possible, and check yourself and any passengers for injuries. If someone is seriously injured, avoid moving them unless it’s necessary to prevent further harm. By acting quickly, you can minimize further risks and ensure timely medical intervention.
2. Call 911 to Report the Accident
Always call 911 to report the accident. Law enforcement will document the scene, and emergency medical teams can assist those injured. This official documentation is vital for both insurance claims and potential legal action. At Avaness Law, our car accident attorneys can help you understand the importance of a police report in strengthening your case.
3. Gather Evidence (Photos, Videos, Descriptions)
Start gathering evidence as soon as possible. Take photos of the accident scene, your vehicle’s damage, and any visible injuries. If you can recall any details about the hit-and-run vehicle—such as its color, make, model, or even the license plate number—write them down. Evidence is essential for investigating and potentially identifying the responsible driver.
The team at Avaness Law can help you understand how this evidence will play a role in your claim and can even assist with gathering the necessary proof if needed.
4. Look for Witnesses and Collect Contact Information
Witnesses can provide vital testimony that strengthens your case. Ask anyone who saw the accident to provide their contact information. Having third-party accounts can be crucial, particularly if the driver flees the scene.
Legal Obligations in California
In California, all drivers involved in an accident must stop at the scene, provide their contact details, and report the incident to the authorities. Failure to do so results in a hit-and-run charge. If you’re the victim, you also have specific obligations to fulfill to protect your legal rights.
Report the Accident to the Police Within 24 Hours
California law mandates that all accidents resulting in injury, death, or property damage must be reported to law enforcement within 24 hours. Failing to report the accident in a timely manner can negatively affect your ability to seek compensation and pursue legal action. At Avaness Law, our car accident lawyers can help you ensure that all reports are filed promptly and correctly.
Notify Your Insurance Company Promptly
Notify your insurance company as soon as possible after the accident. Early communication ensures your insurer can start processing your claim. If the hit-and-run driver is not identified, your uninsured motorist coverage may help cover medical costs and vehicle repairs. At Avaness Law, we work closely with clients to help navigate the insurance process, ensuring all the necessary information is provided to support your claim.
Understanding California Hit-and-Run Laws
California hit-and-run laws differentiate between misdemeanor and felony offenses, based on the severity of the accident. If the incident only involves property damage, it’s treated as a misdemeanor. However, if the hit-and-run results in injuries or fatalities, it is classified as a felony.
Penalties for Hit-and-Run Offenders
Penalties for hit-and-run offenses can be severe, ranging from fines and license suspension to imprisonment.
Seeking Compensation After a Hit-and-Run
After a hit-and-run, victims often need to rely on their own insurance policies for compensation. There are several types of coverage available to help you recover damages, and understanding how to utilize them is crucial:
1. Using Your Own Insurance Coverage
In California, your own insurance policy may be the first line of defense after a hit-and-run. This could involve collision coverage for vehicle damage or uninsured motorist coverage for injuries caused by a hit-and-run driver.
2. Collision and Comprehensive Coverage
Collision coverage will assist in repairing or replacing your vehicle, regardless of fault. Comprehensive coverage may apply if the damages were not from a collision but caused by a hit-and-run.
3. Uninsured Motorist Coverage Benefits
Uninsured motorist coverage is critical in hit-and-run accidents, as it provides coverage for both vehicle damage and personal injuries when the at-fault driver cannot be identified. If you find yourself in this situation, at Avaness Law, our legal team can help you navigate the complexities of filing claims under your insurance policy.
4. Filing a Lawsuit Against the Unknown Driver
If the responsible driver cannot be located, you may consider filing a lawsuit. Our experienced attorneys at Avaness Law can assist in identifying the hit-and-run driver, if possible, and holding them accountable for their actions. We will help you understand your options and the best course of action.
Preventative Measures for Future Safety
While no one can predict a hit-and-run accident, there are steps you can take to reduce the likelihood of being involved in one:
1. Install a Dash Cam for Evidence
A dash cam can capture video footage that may be crucial in identifying a hit-and-run driver. This footage can significantly strengthen your claim and help law enforcement locate the responsible party.
2. Park in Well-Lit Areas to Deter Offenders
Parking your vehicle in well-lit areas can reduce the likelihood of a hit-and-run occurring. Criminals are less likely to target vehicles that are in visible, illuminated spaces.
3. Practice Defensive Driving at All Times
By driving defensively, you reduce the likelihood of being involved in an accident, including a hit-and-run. Stay alert to other drivers’ behaviors and anticipate potential risks.
4. Stay Aware of Surroundings and Other Vehicles
Always be aware of your surroundings and watch other vehicles closely, particularly in high-traffic areas. Early identification of hazards can prevent accidents from occurring in the first place.
How Avaness Law Can Help
The aftermath of a hit-and-run accident can be overwhelming, but you don’t have to navigate it alone. The car accident attorneys at Avaness Law are committed to helping victims get the justice and compensation they deserve. Whether you’re dealing with complex insurance claims or need to pursue a lawsuit against an unidentified driver, our experienced legal team will guide you through every step of the process.
We’re on Your Side – Call Now for a 100% Free Consultation!
At Avaness Law, we understand that the legal process can be daunting, especially after a traumatic event like a hit-and-run accident. That’s why we offer free consultations to discuss your case. Contact us today to speak with an experienced car accident attorney who can provide you with the guidance and support you need. Don’t face the aftermath of a hit-and-run accident alone—let us help you seek justice.
