Have you found yourself in a hit-and-run situation but you are not sure what to do next? Not to worry, we are here to help. We will go over what makes an accident a hit-and-run, what to do after this kind of accident, and who you should contact for help.
What Constitutes a Hit-and-Run in California?
The term “hit-and-run” can get tossed around a lot in your everyday life, but what does it actually mean? The specific definition varies depending on which state you reside in. In California, a hit-and-run accident is defined as when any driver involved in a car accident leaves the scene of the accident without leaving any contact information for the other drivers involved. This is not limited to the driver at fault for the accident. In fact, if you are not at fault for the accident and you leave without providing your contact information, then you have committed a hit-and-run.
It is also important for all drivers involved in an accident to provide adequate assistance for any individuals injured in the accident, such as calling for an ambulance. If a person leaves before doing so, then it could be considered a hit-and-run.
In 2021, there were a total of 3,536 felony hit-and-run accidents in the city of Los Angeles, with only an average of 8% of hit-and-run suspects being identified and arrested. This is why it is important to work with a team of certified car crash lawyers in LA.
The Definition of “Hit and Run” Under Vehicle Code § 20002
The California Vehicle Code § 20002 prohibits Los Angeles drivers from leaving the scene of a car accident without providing contact information. More specifically, this vehicle code identifies an accident as a hit-and-run if:
- A person leaves the scene of the accident without properly identifying themselves to the other parties involved by providing adequate contact information.
- There was damage caused to another vehicle or someone else’s property
Why Are There So Many?
After hearing all of this, you may be wondering: why are there so many hit-and-run accidents in Los Angeles? This can be a scary thing to talk about, but our goal is not to scare you away from getting on the road again. It is important to be aware and prepared in the event you find yourself in a hit-and-run accident.
There are a few factors that could be playing into the number of drivers who flee after getting into an accident. The first potential factor is that around 2 out of every 5 hit-and-run accidents occur with an unlicensed driver, meaning they potentially flee to avoid the repercussions of driving without a license.
In addition, a driver may flee the scene of an accident if they are under the influence of alcohol or other substances to attempt to avoid a DUI charge. They could also speed away out of the fear of paying any fees or increases to their insurance policies.
What Should I Do After a Los Angeles Hit-And-Run Accident?
If you find yourself in a hit-and-run accident, do not panic. Keeping a level head is going to help you better navigate the situation. Here are the basic steps for what to do in this sort of situation.
- Calm Down: We know getting into a car accident is scary. Take a breath and ground yourself, getting frazzled can lead to mistakes or missing important details. Inhale, and exhale.
- Move to a Safe Location: Pull over to the side of the road or a safe location out of the way of general traffic such as a parking lot or pullout. This will not only help keep you safe but also make it easier for emergency services to get to you.
- Note Identifying Information: Try to make note of any details that could identify the other driver, such as the make and model of their car, the color of the vehicle, and the license plate number if you were able to catch it.
- Call 911: Call 911 and report the accident. This will send police and any other necessary emergency services.
- Give Details to Responding Officers: When the police arrive, give them as many details about the accident as possible. Even if it does not seem important, get it written down in the initial police report.
- Get Photos of the Scene: Take photographs of everything. This includes the state of your car, the scene of the accident, and any visible injuries to your person.
- Find Witnesses and Talk to Them: See if there were any witnesses who saw the accident happen and try to get a testimony from them. Figure out what they saw and if they perhaps got a better view of the perpetrator.
- Keep and Preserve All Evidence: Collect any and all evidence from the scene and give it to the police. Hold onto what they do not need, as you never know if it will come up later.
- Make An Appointment with Your Physician: If there are no emergency injuries, schedule an appointment with your primary care physician. Even if your injuries are minor, get medical documentation of every cut and scrape to add to your stash of evidence.
- Contact Your Insurance Provider: Get in touch with your insurance provider to go over any policy changes and report the accident.
- Contact a Los Angeles Personal Injury Lawyer: Get in touch with a personal injury lawyer as soon as possible, as they can help you navigate the legal system and get you the compensation that you rightfully deserve.
What Evidence Do I Need to Provide to Convict A Hit-And-Run Driver?
- Photographs and Videos
- Car Paint Evidence
- Tire Skidmark Evidence
- The Testimonies of the Police and First Responder Who Came to the Scene
- Any Eyewitness Testimonies
- Any and All Medical Records and Bills
- Employer Records to Prove Loss of Income
- Any Expert Witnesses
- A Journal Documenting the Victim’s Recovery Process After the Accident
What is the Burden of Proof?
The burden of proof is your lawyer’s responsibility to prove that the defendant is guilty without a shadow of a doubt. There can be no other explanation for the accident, and there must be extensive proof that shows the defendant’s guilt.
Is It Ever Lawful To Leave The Scene Of An Accident In California?
While you can leave the scene of an accident before the police arrive, it is strongly not recommended. If all parties involved have exchanged information, then you are free to leave. However, that leaves the other party to give the only account of the accident, which risks them trying to place the blame on you. It is recommended to stay on the scene until the authorities arrive unless you have been seriously injured.
What If The Vehicle Is Parked And Empty?
If there is no other party to exchange contact information with, then the recommended next step is to write down your contact information on a piece of paper and leave it with the parked vehicle. As an extra measure, you can take a picture of the car with the piece of paper attached to it as proof that you left your contact information there.
Can I Still Be Charged If There Was No Injury Or Property Damage?
If there are no injuries or property damage caused by the accident, then you technically do not need to exchange information. However, this opens you up to the other party claiming the incident was a hit-and-run. It is a safe bet to exchange contact information just in case.
What Can I Do If I Was Not Present In The Vehicle?
If you were not in the vehicle at the time of the accident, then it is important to get in touch with a car accident attorney in Los Angeles as soon as possible. You are going to have to prove that you were not in the vehicle, and an attorney can help you gather the necessary information to make your case.
What Can I Get Paid for in a Los Angeles Hit-And-Run Claim?
A hit-and-run claim can earn you both economic and non-economic damages as well as compensation for any hardships that have come from the accident. These can include the following.
- Medical bills and expenses
- Physical pain
- Physical therapy and other rehabilitation costs
- Emotional damages
- Loss of income from an inability to work
- Loss of enjoyment of life
How An Attorney Can Help After a Hit-and-Run Accident
Navigating the legal system can be confusing and frustrating, which is why you need a personal injury attorney on your side. They know the ins and outs of the legal system and can help you build a strong case and get you the compensation that you deserve.
Contact Compass Law Group, LLP to point you in the right direction after a hit-and-run accident. We work on a contingency fee basis, and our team is located in Beverly Hills, Los Angeles, Long Beach, San Francisco, Sacramento, and Oakland.
