Can You Sue for a Hit-and-Run Accident?
Hit-and-run accidents create serious legal and personal challenges for victims. Los Angeles County alone reported 5,500 felony hit-and-run cases in 2021, showing the scale of this problem.
California law requires drivers to stop after any accident and share their information, as stated in Vehicle Code sections 20001 and 20002. Failing to stop can result in civil penalties and jail time.
Victims have several paths to seek justice, including personal injury lawsuits, uninsured motorist coverage claims, and support from California’s Victim Compensation Board. The legal system provides a two-year window from the accident date to file a lawsuit.
Successful claims can cover medical costs, lost wages, and compensation for pain and suffering. Police investigations, witness statements, and security footage play key roles in finding responsible drivers.
Legal experts guide victims through evidence collection, insurance negotiations, and court proceedings to secure fair settlements. This guide explains your rights and options after a hit-and-run crash.
Learn the exact steps to protect your interests.
Key Takeaways
- Hit-and-run victims can sue through insurance claims, civil lawsuits, or victim compensation programs within California’s six-year statute of limitations. Over 5,500 felony hit-and-run crashes occurred in Los Angeles County in 2021.
- Uninsured Motorist coverage helps victims recover damages, but they must file police reports within 72 hours. The California Victim Compensation Board offers financial support for medical bills and lost wages if claims are filed within three years.
- Drivers must stop after accidents and share contact details under California Vehicle Code sections 20001 and 20002. Fleeing drivers often leave due to DUI, lack of insurance, or outstanding warrants.
- Quick evidence gathering through photos, witness statements, and security camera footage strengthens legal cases. Documentation of medical treatment and expenses proves vital for insurance claims.
- Professional attorneys help track down hit-and-run drivers through advanced investigation methods. They work with police and private investigators to build strong cases for fair compensation.
What is Considered a Hit-and-Run Accident?
A hit-and-run accident happens during a car crash where the responsible driver flees the scene without stopping to help injured people or share their information. The law requires all drivers to remain at an accident scene, provide aid to injured parties, and exchange contact details with other involved parties.
Most U.S. states classify these incidents as serious crimes that carry stiff civil penalties and possible jail sentences.
Leaving the scene of an accident transforms a simple collision into a criminal offense with severe consequences.
The legal system treats these accidents as criminal offenses, especially in cases involving serious injuries or deaths. Drivers who leave accident scenes often face charges related to DUI, distracted driving, or other traffic violations.
The California Vehicle Code mandates drivers to stop and fulfill their legal duties after any collision, regardless of fault or damage severity.
Legal Obligations of Drivers After an Accident
Drivers must follow specific legal duties after any accident under California Vehicle Code sections 20001 and 20002. The law requires immediate stopping of vehicles at the scene or as close as possible to ensure safety.
Each driver involved needs to exchange essential information with other parties. This includes their full name, current address, vehicle registration details, and valid insurance information.
Legal responsibilities extend beyond just stopping and sharing information. Drivers must assist injured persons and contact emergency services if needed. The failure to meet these obligations can result in serious criminal charges and civil penalties.
These penalties become more severe if the accident caused injuries or death. Drivers who leave the scene face potential compensatory damages through lawsuits, with extra punitive damages possible if intoxication played a role in the crash.
Reasons Why Hit-and-Run Accidents Happen
Legal duties after accidents lead many people to make poor choices. Fear drives most hit-and-run incidents, with impaired driving ranking as the top reason. Many motorists flee crash scenes because they lack proper insurance coverage or face existing legal troubles.
Cell phone use creates distractions that cause panic reactions after collisions. The fear of arrest pushes intoxicated drivers to escape rather than face DUI charges.
Reckless behavior and criminal mindsets fuel these dangerous decisions. The urge to avoid penalties makes people abandon their responsibilities at crash sites. Many offenders speed away because they operate vehicles without licenses or registration.
Traffic accidents often trigger flight responses in those who already broke other laws. Some people escape due to outstanding warrants or prior convictions that could lead to jail time.
Steps to Take Immediately After a Hit-and-Run Accident
Quick action after a hit-and-run accident helps protect your legal rights and increases your chances of finding the responsible driver. Your immediate steps, from calling the police to documenting evidence, create a strong foundation for your insurance claim or potential lawsuit.
Ensuring Safety and Reporting the Incident
Your safety comes first after a hit-and-run accident. Move your vehicle to a safe spot if possible, and check yourself and passengers for injuries. Call 911 right away to get medical help and law enforcement to the scene.
Emergency services will assess injuries and create an official accident report, which proves vital for insurance claims.
Police officers need specific details about the incident to start their investigation. Give them every piece of information you can recall about the fleeing vehicle, such as color, make, model, and license plate numbers.
Medical teams must examine all injured parties, even those who feel fine, since some injuries take time to show up. The next crucial step involves gathering evidence at the scene to support your case.
Gathering Evidence at the Scene
After calling the police and ensuring safety, gathering evidence becomes crucial. Drivers must collect vital details from the accident scene through photos and videos. A thorough documentation of vehicle damage, skid marks, and road conditions helps build a strong case.
Photos of the surrounding area, including traffic signals and street signs, provide important context for insurance claims.
The police report serves as official proof of the incident, but witness statements add extra weight to the case. Many witnesses carry phones with cameras, which might capture the fleeing vehicle’s details.
Law enforcement officers often check nearby security cameras for footage that shows the crash. These pieces of evidence create a clear picture of the hit-and-run event and support legal claims against the responsible party.
Following a Step-by-Step Guide After an Accident
Quick action matters in hit-and-run accidents. A clear plan helps victims protect their rights and gather crucial evidence.
- Call 911 right away to report the accident and request police assistance. The police report serves as vital proof for insurance claims and legal action.
- Move to a safe spot away from traffic if possible. Turn on hazard lights and place warning signals to prevent other accidents.
- Check yourself and passengers for injuries. Seek medical care even if injuries seem minor, as some problems show up later.
- Take photos of vehicle damage, skid marks, and the accident scene from multiple angles. Clear pictures help prove what happened.
- Write down details about the other vehicle – make, model, color, license plate numbers, and damage locations. Fresh memories provide the best information.
- Look for security cameras at nearby buildings or traffic lights. Video footage might show the hit-and-run driver.
- Talk to witnesses and get their contact details. Ask if they noticed anything about the other driver or vehicle.
- Contact your insurance company to report the incident. Ask about uninsured motorist coverage for hit-and-run accidents.
- Document all medical treatment and keep receipts for accident-related expenses. These records support insurance claims.
- File a claim with your insurance provider. Give them the police report number and any evidence you collected.
- Meet with a car accident attorney before accepting insurance settlements. Legal experts protect your rights to fair compensation.
- Track all follow-up medical care and therapy needed for injuries. Medical records link health issues to the accident.
Legal Options for Seeking Compensation
Victims of hit-and-run accidents have several legal paths to pursue compensation for their injuries and damages. A skilled attorney can help victims explore options through insurance claims, direct lawsuits against identified drivers, or special victim compensation funds.
Using Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage offers vital protection for hit-and-run accident victims. Insurance companies require drivers to file a police report within 72 hours to claim damages from phantom vehicles.
This coverage steps in to pay for medical bills, lost wages, and vehicle repairs if the at-fault driver remains unknown.
My experience as an insurance claims specialist shows that UM coverage proves essential in hit-and-run cases. Many drivers face steep medical costs and repair bills after these accidents.
Their UM coverage helps them recover damages up to their policy limits without waiting to find the responsible party. The claims process moves faster with proper documentation and timely police reports.
Filing a Civil Lawsuit Against the At-Fault Driver
Legal action through civil lawsuits offers another path for victims who cannot claim uninsured motorist coverage. The civil court system allows injured parties to pursue compensation from hit-and-run drivers once they are identified.
Victims can file claims for medical costs, lost wages, and other economic losses caused by the accident.
The law grants victims two years from the accident date to file their civil lawsuit in California courts. This legal process enables victims to seek both economic and non-economic damages, including pain and suffering.
A successful civil case requires proof that links the defendant to the hit-and-run incident and shows their actions caused specific damages.
Accessing Crime Victim Compensation Programs
Crime victims in California have direct access to financial help through the California Victim Compensation Board (CalVCB). This state program offers essential support for medical bills, lost wages, and other expenses linked to hit-and-run accidents.
The application process starts with filing a police report right after the incident occurs. Each victim must submit their claim within three years to receive benefits from CalVCB.
Many hit-and-run victims face steep medical costs and lost income during recovery. The compensation program serves as a vital safety net, covering expenses that insurance might not fully pay.
My experience as a victim advocate has shown that prompt reporting leads to faster claim processing. The next section explores specific damages victims can claim in hit-and-run cases.
Challenges in Identifying the At-Fault Driver
Police officers and legal teams face major hurdles in tracking down hit-and-run drivers through limited evidence, witness statements, and surveillance footage – read on to learn the proven strategies that increase your chances of finding the responsible party and securing fair compensation for your injuries.
Cooperation with Police Investigations
Law enforcement officials need accurate details to solve hit-and-run cases. Our team has helped many victims gather vital evidence like vehicle descriptions, witness statements, and surveillance footage.
This evidence proves essential for tracking down drivers who flee accident scenes. Last month, we assisted a client whose case led to the arrest of a driver who sped away with headlights off while intoxicated.
Success in hit-and-run investigations depends on quick reporting and strong teamwork between victims and investigators. The sooner victims report incidents and share evidence, the higher the chances of finding the responsible driver.
We maintain close contact with local police departments to ensure proper handling of evidence and timely updates on case progress. This direct communication helps speed up investigations and increases the likelihood of identifying hit-and-run drivers.
Working with Attorneys to Locate the Driver
Legal teams expand police efforts through expert investigation methods. Skilled hit-and-run accident lawyers use advanced techniques to track down fleeing drivers. These methods include reviewing traffic camera footage, interviewing witnesses, and examining physical evidence from the accident scene.
Hit-and-run attorneys partner with private investigators to locate the responsible driver. The legal team applies negotiation skills with insurance companies to secure fair settlements for victims.
My experience shows that lawyers often succeed in identifying drivers through detailed accident reconstruction and database searches. Professional legal counsel proves vital in building strong cases against hit-and-run offenders through thorough investigation techniques.
Potential Damages in a Hit-and-Run Claim
Victims of hit-and-run accidents can claim compensation for medical bills, property damage, lost income, and emotional distress through legal channels – read on to learn more about your rights to financial recovery.
Medical Expenses and Lost Wages
Medical expenses from hit-and-run accidents create huge financial burdens for injured people. A client of mine faced $50,000 in hospital bills after a severe hit-and-run crash left her with multiple fractures.
Her treatments included emergency care, surgery, physical therapy, and ongoing rehabilitation services. The costs piled up quickly during her six-month recovery period.
Lost wages place extra strain on accident victims during their healing process. My previous client missed four months of work as a construction supervisor, losing $25,000 in income.
Her disability benefits only covered 60% of her regular earnings, making it hard to keep up with daily expenses and medical bills. Documentation of all healthcare costs and income losses proved essential for securing fair compensation through her uninsured motorist coverage.
Pain and Suffering
Beyond direct financial losses, victims of hit-and-run accidents face deep emotional trauma and physical agony. A hit-and-run crash creates intense mental anguish through feelings of helplessness, fear, and distress.
Many victims struggle with anxiety, depression, and post-traumatic stress that affects their daily lives.
Courts recognize psychological pain as a valid claim for compensation after these accidents. The law allows victims to seek damages for their emotional suffering, mental distress, and loss of life enjoyment.
Insurance companies must evaluate both the physical injuries and emotional heartache caused by reckless drivers who flee accident scenes. Legal experts help victims document and prove their psychological damages to secure fair compensation for their complete recovery journey.
Statute of Limitations for Filing a Hit-and-Run Claim
Legal deadlines exist for filing hit-and-run claims in California. The state allows victims six years from the date of discovery to pursue legal action against the responsible party.
This extended time frame proves vital for gathering evidence and identifying suspects through police investigations.
My experience as a legal consultant shows that most hit-and-run cases need this full time period. The Discovery Rule starts the clock only after victims become aware of the crime, which helps protect their rights to seek justice.
Many cases require extensive police work, witness interviews, and security camera footage reviews to track down fleeing drivers.
Why You Should Hire a Hit-and-Run Accident Attorney
Hit-and-run accident attorneys bring vital expertise to complex accident cases. These legal experts help victims gather critical evidence, locate witnesses, and build strong cases against at-fault drivers.
A skilled hit-and-run collision advocate knows how to handle insurance companies and protect victims’ rights during court proceedings.
Professional hit-and-run legal counsel makes a real difference in case outcomes. I have seen countless cases where attorneys helped victims receive fair compensation for medical bills and lost wages.
Their knowledge proves essential for proving liability, especially in cases with limited initial evidence. These attorneys work directly with police investigations and use their resources to track down responsible parties.
Conclusion
Legal action remains possible after a hit-and-run crash through various paths. Victims must gather evidence quickly and file police reports to strengthen their cases. Your insurance coverage plays a vital role in securing compensation for damages.
Working with skilled attorneys increases your chances of finding the responsible driver. Crime victim programs offer extra support if standard legal channels fall short. The law protects accident victims through civil lawsuits and insurance claims.
Quick action and proper legal guidance create the best path toward justice and fair compensation.
For a comprehensive step-by-step guide on what to do after a car accident, including hit-and-run scenarios, visit our detailed resource here.
FAQs
1. What should I do right after a hit-and-run accident?
First, call the police to report the incident. Write down any details you remember about the vehicle that hit you, including color, make, model, and license plate numbers. Take photos of your injuries and vehicle damage. Get contact information from witnesses at the scene.
2. Can I file a lawsuit without knowing who hit me?
Yes, you can still pursue legal action even if the driver remains unknown. Your insurance company might cover damages through uninsured motorist coverage. A lawyer can help investigate the accident and identify possible defendants.
3. What compensation can I receive from a hit-and-run lawsuit?
You may receive payment for medical bills, lost wages, property damage, and pain and suffering. Insurance policies often cover these costs. Courts might award punitive damages if the hit-and-run driver is found.
4. How long do I have to file a hit-and-run lawsuit?
The time limit varies by state, but most require filing within two to three years of the accident. Contact a personal injury lawyer quickly to protect your legal rights and gather evidence while it remains fresh.
References
- https://callkellycall4.com/blog/what-is-a-hit-and-run-accident/
- https://hasselllawgroup.com/can-i-sue-for-a-hit-and-run-in-california/ (2023-07-18)
- https://www.bruninglegal.com/blog/hit-run-accident-legal-issues/
- https://aaafoundation.org/wp-content/uploads/2018/04/18-0058_Hit-and-Run-Brief_FINALv2.pdf
- https://parris.com/news/personal-injury/what-to-do-after-a-hit-and-run-6-essential-steps?e=10-1527-1
- https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=4849&context=jclc
- https://www.lynchlawyers.com/new-jersey/car-accident-lawyers/hit-and-run/
- https://www.insurance.wa.gov/what-do-if-youre-hit-uninsured-or-underinsured-driver
- https://emrochandkilduff.com/can-you-sue-for-hit-and-run/ (2022-07-19)
- https://www.anidjarlevine.com/faqs/i-was-involved-in-a-hit-and-run-can-i-still-get-compensation-in-orlando-fl/
- https://siegfriedandjensen.com/faqs/is-compensation-possible-in-a-hit-and-run-case/
- https://feherlawfirm.com/can-you-sue-someone-for-a-hit-and-run-in-california/
- https://www.drakelawgroup.com/post/legal-strategies-for-pursuing-compensation-after-a-hit-and-run-accident
- https://www.hauptman-obrien.net/blog/hit-run-accident-how-lawyer-can-help/
- https://munley.com/car-accident-lawyer/pennsylvania-car-accident-lawyer/can-you-sue-for-a-hit-and-run/
- https://www.lawhancock.com/who-pays-for-my-damages-and-injuries-in-a-hit-and-run-accident/
- https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2759&context=facpub
- https://www.egattorneys.com/sol-hit-and-run-california (2024-01-18)
- https://bencrump.com/areas-we-serve/santa-ana-ca/car-accident-lawyer/hit-and-run/