In California and many other jurisdictions, a hit-and-run accident carries serious consequences for everyone involved. Whether it’s a driver hitting a vehicle, damaging property, or injuring a person, they are legally obligated to stop, provide information, and offer assistance when necessary. Failing to do so can lead to severe legal penalties and further complications.
Many Americans already suffer from driving anxiety and fear, especially after traumatic car accidents, and a hit-and-run collision only heightens these feelings, leaving victims uneasy and unsure of what steps to take next. In 2020, it was reported that a significant number of car accidents involved hit-and-run incidents, adding to the growing sense of uncertainty.
When facing this unfortunate situation, victims often deal with injury and are left with pressing questions—what happens after such an accident? Can they sue the driver? If the accident was caused by someone else, a personal injury claim may be possible, but the problem often lies in identifying the responsible defendant.
What is a hit and run?
A hit-and-run is a serious accident where the at-fault party not only causes damage but flees the scene without offering identification or aid to the other involved parties. Often, these situations can arise from a single-vehicle accident, where a driver leaves after hitting something along the roadway like a tree or a guardrail, or even a parked vehicle in a parking lot. Sometimes, drivers may also swerve off the road to avoid a pedestrian or a road hazard, resulting in loss of control or distracted driving.
In many states, these types of accidents are still required to be reported, no matter who is at fault. For example, if a driver collides with an object of value—whether it’s a car, a person, or even just scratching the paint—and leaves without providing their identity, insurance information, or reporting the event, this is considered a hit-and-run. Even minor accidents, like bumping into a car in a parking lot, fall under this rule. What to do next? The law expects these accidents to be covered, and it’s crucial to understand your responsibilities in such scenarios.
What To Do After a Hit-and-Run Auto Accident
After a hit-and-run accident, it’s crucial to remain calm and act fast. Reporting the accident immediately is important for both medical reasons and legal reasons, as it helps prove the incident and ensures you can receive compensation. The right steps, such as knowing what to do and where to report, can have a strong influence on the outcome. Dealing with car accidents can be stressful, especially when left by yourself, but staying focused on these important matters helps reduce the frustration.
Assess Your Safety
A car accident is naturally a stressful situation, but it’s important to remain calm and follow steps to ensure your safety. Start by checking yourself and your passengers for injuries. Sometimes shock may cause you to overlook an injury, so perform a thorough head-to-toe check. If someone is seriously harmed, call 911 immediately for a dispatcher to guide you until police and ambulance services arrive. If possible, move your vehicle out of traffic and to a safe place, avoiding oncoming cars.
Call Emergency Services
As soon as possible, call 911 to report the hit-and-run. Don’t delay; you need to make sure the accident is officially reported for insurance and law purposes. Even if no one is injured, getting an officer to file a report helps ensure proper documentation for your insurance provider.
Compile Information
While waiting for law enforcement to arrive, take a moment to document important details about the other driver and their car. Note the vehicle’s license plate, make, model, color, and damage. Record any distinctive features like bumper stickers, as well as the direction they headed.
Gather details about the driver’s appearance, including sex, race, hair color, and length. Also, take photos of your vehicle’s damage, the scene, and collect witness contact information for police follow-up.
Inform Your Insurance Provider
Right after the incident, contact your insurance provider to file a claim. Every insurer has different timeframes, but starting the process while your memory is fresh helps. Your insurer can also assist with getting a tow or roadside assistance if needed. Once the claim is filed, they’ll handle the behind-the-scenes work to determine your coverage.
Don’t Leave the Scene of the Accident
Never drive away after a hit-and-run. Even though your vehicle may seem intact, leaving the scene can be a crime depending on the severity of injuries sustained. Instead, wait for law enforcement to arrive and avoid following the other driver in anger as this could put you in a dangerous situation. If the accident occurred in a location with poor reception, you can leave to call for help but be sure to return to the site.
Hit-and-Run Accident Reports
Reporting a hit-and-run car accident is vital to your claim. If possible, take a photograph of the other car and don’t leave the scene. Calling an ambulance if anyone is injured is important, and you should also cooperate with the police. Make sure to get a copy of the police report to share with your insurance provider and lawyer if necessary.
Gather Details About the Car and Driver
Key information about the other driver is crucial. Try to note their license plate number, even partial digits, along with the make, model, color, and year of their vehicle. Also, pay attention to the driver’s physical appearance like their age, gender, facial hair, or any other distinguishing features such as bumper stickers or decals.
Seek Medical Attention
Don’t delay in seeking medical attention, even if you feel fine after the accident. Injuries like whiplash, muscle strains, or even traumatic brain injury can have delayed symptoms. Let your doctor know about any discomfort, as delaying medical care can give the insurance company reason to question whether your symptoms are related to the accident.
Look for People or Security Cameras
Look around for witnesses who may have seen the accident. Knock on nearby doors or speak with workers in businesses close to the scene. Security cameras in parking lots or other areas may also have caught footage of the event. Be sure to ask witnesses to write down and sign what they saw.
Gather Evidence At the Scene of the Accident
Take clear photos of any injuries, the damage to your vehicle, and the scene itself. Don’t forget to include any clues like skid marks. This evidence will be important for both the police and insurance companies, so make sure you keep copies for yourself and your lawyer.
The Law on Hit and Run in California State
In California, if a driver is involved in an accident that results in injury, death, or property damage, the law requires them to stop at the scene as close as possible. They must provide their name, address, vehicle registration number, and insurance information to the other party or to law enforcement if no one else is there. When someone is injured, the driver must offer reasonable assistance, whether that means calling emergency services or providing aid until help arrives.
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Why Do Drivers Leave the Scene?
When it comes to the aftermath of a hit-and-run accident, there are many reasons why a driver might choose to flee the scene.
- the driver is in a state of panic, acting impulsively, especially if they are inexperienced.
- Some drivers fear a personal injury lawsuit,
- may be driving intoxicated or without auto insurance.
- drivers don’t have a valid driver’s license or are operating a stolen vehicle.
- have an outstanding arrest warrant, perhaps for an offense that is unrelated to the accident itself.
- Drivers who are in the country illegally often have deep fears of deportation if the police arrive and identify them.
In other instances, the accident may involve a crime, and the driver might face arrest once the authorities discover what they’ve done. Some drivers genuinely don’t realize they’ve caused an accident, particularly when it involves hitting a pedestrian. Finally, many drivers weigh the economic and criminal consequences before making the desperate decision to leave the scene.
Types of Hit and Run
Hit-and-run accidents can occur in different ways, including:
Pedestrian Accidents
If a driver strikes a pedestrian and leaves the scene without offering assistance or providing contact information, the victim is left vulnerable. Quick action is needed to contact authorities and gather witness information.
Vehicle Collisions
When a driver hits a vehicle and flees the scene, not stopping or exchanging information, the victim faces stress and frustration. Reporting to insurance and police right away is essential.
Property Damage
If a driver damages property like a parked car or mailbox and fails to stop or provide information, the owner must document the damage and file a police report.
Penalties for Hit and Run in California
The severity of a hit-and-run incident in California can result in penalties based on injury, death, or property damage. It can be a misdemeanor or felony, leading to fines, license suspension, revocation, or imprisonment. If the accident caused injury or death, the consequences are more severe, including major criminal charges for the driver.
Criminal Charges
For a hit-and-run, criminal charges can range from a misdemeanor to a felony depending on the severity. If the accident causes injury or death, the driver faces imprisonment, fines, and license suspension or revocation.
Civil Lawsuits and Liability
Beyond the legal penalties, civil liability can result in civil lawsuits where victims claim damages for property damage, injury, or even death, leaving the driver financially responsible.
Insurance Consequences
A conviction can lead to increased insurance premiums and difficulties in obtaining future coverage, as hit-and-run incidents have serious insurance consequences for the driver.
Your Rights and Legal Options
If you have ever been in an accident you should know your legal rights and you should always contact your legal advisor which can help you in your best interest.
Reporting the Incident
After a hit-and-run accident, it’s crucial to report the incident to law enforcement immediately. This starts the legal process and assists with the investigation. Timely reporting helps identify the responsible party and ensures proper action is taken.
Identifying the Driver
Identifying the driver in a hit-and-run can be tough, but with gathering evidence and using legal channels, it’s possible to track the perpetrator. An attorney can provide essential legal guidance to help find who’s at fault.
Pursuing Compensation
Victims can seek compensation for medical expenses, property damage, lost wages, and pain and suffering. An attorney can help with insurance claims or civil litigation, protecting your interests and covering your damages.
Conclusion
Understanding the consequences of a hit-and-run accident is essential for both victims and perpetrators. After such an incident, it is crucial to protect your rights by seeking legal guidance from experienced attorneys. They can help navigate the complex process and offer assistance in filing a claim for compensation. Staying calm and documenting the event thoroughly will be vital when working with police, insurance agents, and legal experts. With the right lawyer, your interests can be safeguarded, and the quality of your case representation can lead to a favorable settlement. In this stressful time, prioritizing your safety and taking the right steps can help you move forward towards justice.