A wide variety of car crashes and other traffic accidents occur on California's roads each year. Common causes of accidents include actions by distracted, impaired and inexperienced drivers and vulnerable road users; adverse road and weather conditions; and traffic congestion. In thousands of cases, a driver or other party responsible for an accident runs away rather than act responsibly.
If identified by police, anyone who causes an accident and flees can expect misdemeanor or felony charges and associated penalties. Yet, far too often, the perpetrator of a hit-and-run crime is never identified or brought to justice. As a result, many victims incorrectly believe that they have few options to receive compensation for their losses. This quick guide outlines important details about hit-and-run cases and helps victims in the Golden State pursue legal forms of assistance.
How Prevalent is Hit-and-Run Crime?
According to the California Highway Patrol, officers recorded 18,489 hit-and-run accidents in 2020 that involved head-on, sideswipe, rear-end, broadside and hit-object collisions; overturned vehicles; vulnerable road user crashes; and other scenarios. In those cases, 414 incidents caused 426 deaths. The rest of the incidents caused 23,260 victims to suffer injuries. The victims or their families had to pursue legal claims with insurers. In cases in which the police correctly identified hit-and-run drivers and any other responsible parties, they also pursued compensation and justice in California's courts.
What Happens During a Hit-and-Run Accident?
As shown on the California Legislature's website, Vehicle Code sections 20001 through 20004 clearly state that drivers and others must take responsibility for their actions when they cause traffic accidents. A hit-and-run crime is basically any accident in which the person responsible for damage to people or property leaves the scene without fulfilling their legal obligations. Their main obligation is to provide at least their identity and contact information to those they've harmed and the closest authorized police authority or California Highway Patrol office.
Perpetrators of hit-and-run crimes either stop briefly and then drive away, or they continue driving without stopping at all. Unless police receive help from a human witness or an intersection camera, vehicle dash camera or other nearby monitoring device, the person or persons responsible for the event is rarely found. Responsibility doesn't always rest with a driver alone. Passengers might also be liable if they convinced a driver to flee the scene.
What Typically Happens After an Accident?
If law enforcement finds the driver or other responsible party or parties, a personal injury lawyer or prosecutor must prove that the defendant or defendants knew they caused an accident and "willfully" ignored the law. In some cases, a motor vehicle driver, motorcycle rider or other party accidentally causes damage without any conscious realization or cognitive impairment. For example, some people fail to realize consciously that they've bumped into another vehicle or damaged property while backing up their car.
For a misdemeanor offense, the liable party can receive six months to a year's imprisonment in a county jail or state prison, a fine, or both. A driver commonly loses points, temporarily or permanently loses their license, and deals with probation. If they caused an accident while impaired, they might need to complete a rehabilitation program or perform community service to regain their license. Anything above a misdemeanor can include a starting penalty fine of up to $10,000, imprisonment of up to five years in state prison, or both, followed by other penalties issued by a court.
Some drivers flee because they committed this crime while committing a separate crime or fleeing from the scene of another illegal action. For example, they might hit someone accidentally and then run while driving under the influence, speeding, or using a vehicle without a valid driver's license or registration. If law enforcement can't find the responsible person or persons, a victim or their family must usually fall back on their insurance coverage to attempt to receive the funds needed for vehicle repair or replacement and recoup any temporary or permanent losses they suffered related to their employment, health and other areas.
How Can Hit-and-Run Victims Seek Compensation?
A victim of a hit-and-run accident has two years from the date of the collision to file an insurance claim. Victims have several insurance options. For example, suppose they paid for Uninsured Motorist Coverage (UMC). In that case, they can file under Uninsured Motorist Bodily Injury Coverage (UMBI), Underinsured Motorist Coverage (UIM), or Uninsured Motorist Property Damage Coverage (UMPD).
The coverage depends on different factors. For example, they might file under UMPD if the police identify the driver and that person's insurance policy won't cover all the damages. If a victim paid for optional Medical Payments Coverage (Med Pay), they can also file a claim to cover medical costs without worrying about liability or fault.
Of course, when a victim knows who committed the crime, they have the right to pursue a claim in a California court of law in the jurisdiction of the accident. That said, this task can become an uphill battle for those suffering from injuries or grieving the loss of one or more loved ones. For example, some drivers and vehicle owners attempt to commit fraud by filing a theft report with the police right after a hit-and-run event. In those cases, victims must prove that the driver or owner knowingly provided false information to law enforcement.
Since proving fault and possibly fraud requires a lot of time and effort, a victim's best option is to seek assistance from an experienced California personal injury lawyer who specializes in automobile and hit-and-run accident cases. A lawyer who has years of experience with winning these types of cases can educate them about their legal rights, help them decide if pursuing a case is possible, complete all the required documentation and research to file in a local court, seek evidence, and argue for them.
