Being involved in a hit-and-run accident in California can be a traumatic experience. In addition to dealing with physical injuries and emotional distress, victims may face challenges in identifying the responsible party and securing compensation for damages. Understanding your legal rights and the steps to take after a hit-and-run accident is crucial.
Laws Governing Hit-and-Run in California
California law is very clear when it comes to hit-and-run accidents. The law outlines specific regulations that impose penalties for leaving the scene of an accident, with the severity of those penalties varying based on the type of accident and the level of harm caused.
Vehicle Code 20002 VC – Misdemeanor
Under California Vehicle Code 20002 VC, a driver involved in a minor accident must stop, provide their contact information, and report the accident to law enforcement. If the driver fails to do so, they can be charged with a misdemeanor. This is the case in minor collisions where there is no significant injury or damage.
Vehicle Code 20001 VC – Felony
If the accident results in injuries or death, the driver may face more severe consequences under Vehicle Code 20001 VC, which constitutes a felony. This law mandates that drivers involved in accidents causing injuries or fatalities must stop and render aid to the injured parties. Fleeing the scene in such cases can lead to felony charges, significant fines, and even prison time.
Avaness Law’s car accident attorneys are well-versed in the legal consequences surrounding hit-and-run accidents. Whether the case involves a misdemeanor or felony charge, our lawyers will help you understand the charges and advocate for your rights as a victim.
Who is Liable in a Hit-and-Run?
In a hit-and-run accident, the person responsible for leaving the scene—usually the driver who fled—is typically liable for both criminal penalties and civil damages. However, in cases where the at-fault driver is not identified, determining liability becomes more complex.
The Avaness Law team can help you navigate these challenges. If the driver is located, they will be held accountable for the accident. However, if they remain unidentified, your own insurance policies may come into play to cover damages and compensation.
Determining Liability in a Hit-and-Run
Establishing liability in a hit-and-run accident is vital for securing compensation. This can be a complicated process, especially when the at-fault driver is not easily identified. Several methods can help determine liability and strengthen your claim.
Evidence Collection Methods
Gathering evidence is one of the first steps in proving liability after a hit-and-run accident. Evidence may include photographs of the scene, vehicle damage, and any other physical evidence that can help establish the circumstances of the accident.
At Avaness Law, we help clients collect and preserve crucial evidence that can be pivotal in identifying the responsible party and securing compensation.
Importance of Witness Statements
Eyewitnesses play a critical role in identifying the at-fault driver in a hit-and-run accident. Their testimony can corroborate the details of the accident, such as the make and model of the vehicle, the color, or even partial license plate information.
At Avaness Law, our car accident lawyers will work diligently to identify and interview witnesses who can provide valuable insight into the accident, increasing the chances of locating the responsible party.
Role of Surveillance Footage
In today’s digital age, surveillance cameras are ubiquitous, especially in urban areas. Traffic cameras, store security footage, and even nearby businesses might have recorded the accident or the vehicle involved in the hit-and-run. Securing this footage early is vital to strengthen your case.
At Avaness Law, our team will help you track down potential surveillance footage to build a stronger case.
Consequences of Leaving an Accident Scene
Leaving the scene of an accident in California can result in significant legal consequences. The severity of the penalties depends on the extent of the damage caused by the accident.
Legal Penalties for the Perpetrator
Under California law, drivers who flee the scene of an accident can face criminal charges, including fines, license suspension, and possible imprisonment. If the accident resulted in injury or death, the penalties are much harsher, including felony charges.
At Avaness Law, our auto accident attorneys will help ensure that the perpetrator is held accountable, both legally and financially, for their actions.
Civil Liabilities for the Perpetrator
In addition to criminal penalties, hit-and-run drivers can be held liable for civil damages. This includes compensation for medical expenses, lost wages, property damage, and pain and suffering.
Our car wreck lawyers at Avaness Law will fight for your rights to ensure you receive full compensation for your losses, whether the perpetrator is found or not.
Seeking Compensation After a Hit-and-Run
After a hit-and-run accident, victims can seek compensation through several avenues, depending on the circumstances and the availability of insurance coverage.
Using Your Own Insurance Policy
If the at-fault driver is not identified, your own insurance may cover some or all of the damages through uninsured motorist (UM) or underinsured motorist (UIM) coverage. These policies help protect you when the responsible party cannot be located or doesn’t have enough insurance to cover the damages.
The auto accident lawyers at Avaness Law can help you navigate your insurance options and ensure you maximize your compensation through these coverages.
Uninsured Motorist Coverage
Uninsured motorist coverage protects you if the person responsible for the accident does not have insurance. This coverage can help pay for medical bills, property damage, and other related expenses.
If you are unsure about how to use your uninsured motorist coverage, Avaness Law will help you understand your policy and file a claim accordingly.
Underinsured Motorist Coverage
If the at-fault driver is identified but lacks sufficient insurance to cover all damages, your underinsured motorist coverage may come into play. This coverage helps bridge the gap between the amount the other driver’s insurance will pay and the total costs of your damages.
Our car wreck attorneys will work with your insurance provider to make sure your underinsured motorist coverage is applied properly, maximizing your recovery.
Let Us Fight for You – Schedule a Free Consultation Today!
If you’ve been involved in a hit-and-run accident, you need an experienced attorney to guide you through the legal process and help you secure the compensation you deserve. At Avaness Law, we offer free consultations to discuss your case, review your legal options, and start working on a strategy for securing the compensation you need to recover. Contact us today to schedule your free consultation!
