Hit-and-run accidents are an unfortunate reality on California roads. According to the California Highway Patrol, over 1,500 hit-and-run collisions occur in the state every month. If you or a loved one has been injured in a hit-and-run accident, you may be wondering if you can still take legal action against the at-fault driver. The answer is yes—California law allows victims to file a personal injury lawsuit against hit-and-run drivers, even if they are never identified or caught. Keep reading to find out more.
Reporting the Accident
The first thing you should do after any car accident is report it to the police. This is especially important for hit-and-run collisions. Provide the police with as many details as possible, including:
- The time and location of the accident
- A description of the other vehicle and driver
- The direction the other vehicle was traveling
- Any identifying information like a license plate number
Reporting the accident quickly can help the police locate the at-fault driver. Even if the driver is not found, the police report will be valuable evidence when filing your injury claim.
Seeking Medical Attention
After a hit-and-run accident, it is crucial to promptly seek medical evaluation and treatment for any injuries sustained. Head to the emergency room or visit your doctor right away. Diagnosis and early treatment of injuries will improve your recovery and strengthen your case. Make sure to follow all doctor’s orders, attend follow-up appointments, and keep records of all medical expenses related to the accident.
Identifying the Hit-and-Run Driver
There are several ways the at-fault hit-and-run driver may still be identified:
- Witness statements – If anyone saw the accident occur, their description of the driver and vehicle could lead to an identification. Canvas the area to see if any businesses or homes have exterior cameras that may have captured footage.
- Surveillance footage – Businesses or homes nearby may have caught footage of the accident and fleeing vehicle. Your attorney can send formal requests to access any security camera footage that could help identify the at-fault driver.
- Vehicle debris – Parts left behind at the accident scene could be traced back to the make/model of vehicle. Photograph and collect any debris that may provide clues.
- Online reports – The at-fault driver may have posted about the accident online or taken their car in for repairs. Social media sites can be scoured for potentially incriminating posts.
- Police investigation – The police may be able to match the vehicle description to recent driving reports or arrest records. An attorney can follow up to check on the status of the police investigation.
- Witness canvassing – By canvassing the area of the accident, witnesses may come forward with new information days or weeks later. A hit and run accident attorney Los Angeles can take statements.
While rare, it is possible the hit-and-run driver may later turn themselves in or be caught by police.
Filing a California Hit-and-Run Lawsuit
In California, hit-and-run drivers can still be held liable for damages, even if they remain unidentified. Under California Vehicle Code 20001, a hit-and-run driver owes victims compensation for their injuries and losses.
To file a lawsuit and recover damages, your personal injury attorney will need to prove:
- The at-fault driver was involved in the accident
- The driver fled the scene without providing identification
- You suffered physical injuries and/or property damage as a result
Lawsuits against unidentified hit-and-run drivers are more challenging but can still succeed with evidence like accident reports, witness testimony, medical records, and expert analysis of physical evidence.
If the driver is identified later, they can be added to the lawsuit as a defendant. This will allow you to directly recover damages from the at-fault party. An attorney can use legal tools like interrogatories and depositions to establish liability.
Available Compensation in Hit-and-Run Claims
If your California hit-and-run claim succeeds, the at-fault driver will be ordered to pay compensation for your accident-related losses. This may include:
- Medical expenses – All past and future medical treatment and care costs
- Lost income – Wages lost due to time off work for recovery
- Loss of earning capacity – Diminished ability to earn income in the future
- Pain and suffering – Compensation for physical pain and emotional trauma
- Property damage – Repair or replacement costs for your damaged vehicle and other property
- Loss of consortium – Damages for impact to family relationships
- Punitive damages – Additional compensation meant to punish the at-fault driver’s behavior
To receive full and fair compensation in a hit-and-run injury claim, it is recommended to have an experienced personal injury attorney on your side. They can accurately calculate damages and negotiate the maximum settlement or court award.
Uninsured Motorist Coverage
Another way victims can recover damages after a hit-and-run accident is by making a claim through their own auto insurance policy’s uninsured motorist (UM) coverage. UM coverage protects you in accidents caused by hit-and-run drivers and motorists with insufficient or no liability insurance. Check your auto policy to see if you have UM coverage and at what limits.
While UM claims are usually faster and easier than lawsuits, the compensation is limited to your policy’s UM limits. So, they may not fully cover major accident injuries. Discuss your options with your Los Angeles hit and run accident lawyer.
Statute of Limitations
In California, the statute of limitations to file a personal injury lawsuit is two years from the accident date, or two years from when the injury was discovered. For minors injured by hit-and-run drivers, the timeline to bring legal action begins when they turn 18 years old. It is imperative to begin the claims process promptly and well before the statute of limitations expires. An experienced personal injury attorney can advise you on important deadlines.
Consult with a Hit-and-Run Accident Attorney
Dealing with injuries, vehicle repairs, lost income, and mounting bills after a hit-and-run accident can be overwhelming. An attorney can help protect your rights and get you the maximum compensation you deserve in your unique case. To discuss your legal options in a free consultation, contact the hit-and-run accident attorneys at Karns & Karns Personal Injury and Accident Attorneys today at 800-4THE-WIN (800-484-3946). We are dedicated advocates for California accident injury victims. With offices across the state, our team has helped recover millions for clients injured in all types of motor vehicle accidents. Call now or contact us online to schedule a free case evaluation.
