After a car accident, most people pull over and check on the other individuals in the accident. They will then report the accident if it is serious. This is the decent thing to do, and it is also required by California law. If you have been in a car accident where the other driver left the scene without giving you contact information, this is a hit and run. A hit and run can result in serious financial stress for those who are left behind. You need a Los Angeles hit and run accident lawyer by your side.
State law covers what drivers must do and the information they must provide if they cause property damage, injury, or death to others on the road. A hit and run is a criminal offense. Finding the driver and holding them liable for their actions is the ideal scenario, but it is not always possible. It is important that you know what you could do to recover damages, and a personal injury attorney can guide you through this process.
It is incredibly stressful to be involved in a hit and run. Any car accident, even minor collisions, can be very traumatic. When the other driver leaves the scene, it is even more overwhelming to handle. In most cases, these drivers leave because they are clearly at fault and want to avoid liability. When you are unsure what to do after a hit and run accident, you need a skilled attorney.
At Heimanson & Wolf, LLP, we have helped many individuals who have been involved in hit and run accidents. We have worked in personal injury law for many years, including situations where an at-fault party acts illegally in addition to being at fault. Our team understands how frustrating that can be, so we want to help make this difficult process easier.
With more than 40 years of combined experience, our firm helps represent you against insurance providers and in court. We focus on a team-based representation approach, helping you get the most from working with our firm. When you or a loved one is dealing with the costs of being injured by a hit and run driver, Heimanson & Wolf, LLP, can help.
In California, there are legal requirements for what you must do after causing property damage, injury, or death. Failing to comply with these laws is a crime, and it may be charged as a misdemeanor or a felony, depending on the circumstances.
If you are in a car accident that causes any property damage, whether to a vehicle or other property, you are supposed to stop your vehicle as immediately as you can without being in the way of traffic. Then, you should either find and talk with the owner of the property or leave them a clear written notice. In either case, you should provide them with your name, your address, and the name of the owner of the vehicle. If you were unable to find the driver, you must notify the police of the accident. Failing to take these steps is a misdemeanor.
If you are a driver in a car accident that results in injury or death to any person, you are required to stop immediately and provide the following information:
This information is provided to the driver and occupants of the other vehicle as well as the law enforcement officers who report to the scene of the accident. You are always required to provide reasonable assistance to those who are injured. Failing to stop when another person has been injured is a misdemeanor. Failing to stop when another person has died or suffered a serious injury is a felony. A serious injury under state law means the permanent disability or loss of a body part or organ.
California is an at-fault state. When you are involved in a car accident, all injured parties file claims with the insurance provider of the at-fault driver. Hit and runs typically prevent injured parties from filing these claims, as the driver who fled the scene is usually at fault. When this occurs, injured parties are responsible for the cost of damages they didn’t cause.
Car accidents can be incredibly expensive, resulting in medical expenses, high car repair bills, and lost income during recovery. If the crash results in death, grieving family members have to deal with the loss of financial support in addition to medical costs and funeral bills. Many drivers involved in hit and runs want to know how they can recover compensation.
Compensation for a hit and run car accident follows different routes, depending on whether the other driver can be found. Your attorney can help in identifying the other driver, but the main investigation is often conducted by law enforcement officers. If the hit and run driver is found, then an attorney can use the evidence gathered to show how the other driver was at fault for the accident. If their fault is proven, then they are liable for all damages.
When you can file against the other driver, you will typically file a car insurance claim first. If the driver does not have insurance or enough to cover the entirety of your damages, you may need to look at other options. These could include a civil personal injury claim or filing with your insurance’s uninsured or underinsured motorist policy.
There are still some options available, even if the driver isn’t found, although they are more limited. In this case, your first option is to file with your own insurance provider, such as with their uninsured motorist policy. If you do not have this policy, other coverage in your car insurance might cover a portion of your damages.
If the hit and run driver is not found, an attorney could still use the evidence gathered from the accident to prove that the other driver was at fault. This is important because, even though you have been injured due to a hit and run driver, your insurance provider may still not want to compensate your losses. It takes a strong argument to prove why you were not at fault for the accident.
A: Yes, you are legally able to sue a driver for compensation after a hit and run in Los Angeles and throughout California, but it is more complicated if the driver can’t be found. This is, unfortunately often the case in hit and runs. If you have uninsured motorist coverage in your insurance policy, you can file with this after a hit and run. This may be able to cover some or all of your damages. There may be other options in your insurance policy to cover damages from a hit and run. If there isn’t, you will be responsible for the costs.
A: If a driver leaves the scene after being in an accident with you, it’s crucial to document as much evidence as possible. Call emergency services to report the accident, hit and run incident, and any injuries that you or others have. You can provide information about the driver, their vehicle, and the location of the incident in this call, and it can be helpful to document it for your own reference. This includes the license plate, the description of the driver, the type of vehicle, and other information.
A: If a driver who committed a hit and run has been found, evidence is still needed to convict them and file a civil claim for damages. Important evidence may include:
This evidence can help prove that the other driver was at fault, which is necessary for a civil claim. A civil claim is separate from criminal charges.
A: A hit and run car accident is typically a type of car insurance or personal injury claim, and attorneys in California usually charge a contingency fee for these cases. A contingency fee means that the attorney doesn’t charge representation fees upfront. Instead, they receive a portion of the final settlement. The more work an attorney puts into a claim, the higher the percentage is likely to be, such as if the case goes to court.
After a hit and run, it can be hard to know what to do. Whether or not the hit and run driver is found, the attorneys at Heimanson & Wolf, LLP, can review your case to determine your options for compensation. Whether you are filing against your insurance or the other driver’s insurance, it is a difficult process to undergo while you are injured. Let our team handle it, and we can help you get the most compensation you can. Contact our firm today.