What if the Other Driver Flees the Scene After a Car Accident in California?

California Hit and Run Law - California Vehicle Code § 20002

Being involved in a car accident is stressful enough, but when the other driver flees the scene, the situation becomes even more overwhelming. Unfortunately, hit-and-run accidents are more common than you might think, especially in California. If you find yourself in this position, it’s crucial to know the right steps to take to protect yourself, your rights, and your potential claim. Consulting an El Cajon car accident lawyer can make a significant difference in how you recover from this traumatic event.

Immediate Steps to Take After a Hit-and-Run Accident

The moments after a hit-and-run accident can be chaotic, but it’s important to stay as calm as possible. Here are the immediate steps you should follow:

1. Ensure Safety First

Your first priority should be the safety of yourself and any passengers. Move your vehicle out of traffic if possible and check for injuries. If anyone is hurt, call 911 immediately to request medical assistance.

2. Gather as Much Information as Possible

Even though the other driver fled, try to gather as many details as you can. Important information includes:

  • The make, model, and color of the fleeing vehicle
  • License plate number (even a partial plate can help)
  • Physical description of the driver
  • Direction the vehicle was headed
  • Any damage to your vehicle and where it occurred

Take photos of the scene, your injuries, and your vehicle. These details can be crucial later on when working with an El Cajon car accident lawyer.

3. Call the Police

Report the accident to the police immediately. A police report is an essential document when filing an insurance claim or pursuing legal action. Provide the officers with all the information you gathered. They may be able to locate the fleeing driver based on your description and evidence from nearby surveillance cameras or witnesses.

4. Seek Medical Attention

Even if you feel fine, some injuries may not show symptoms right away. It’s important to get checked by a doctor as soon as possible. Medical records will also serve as important evidence if you decide to pursue compensation.

5. Notify Your Insurance Company

Report the hit-and-run to your insurance company. California law requires all drivers to carry uninsured motorist (UM) coverage unless they specifically opt out of it. If you have UM coverage, it can help pay for damages and injuries when the at-fault driver cannot be located.

Understanding Hit-and-Run Laws in California

Leaving the scene of an accident is a serious offense in California. Under California Vehicle Code § 20001, any driver involved in an accident resulting in injury or death must immediately stop and provide assistance. Fleeing the scene can lead to criminal charges, including jail time, heavy fines, and license suspension.

Even in accidents that only involve property damage, fleeing can result in misdemeanor charges under Vehicle Code § 20002.

Knowing this, courts tend to be sympathetic toward victims of hit-and-run accidents. An experienced El Cajon car accident lawyer can use these laws to advocate strongly on your behalf.

Why You Need an El Cajon Car Accident Lawyer After a Hit-and-Run

Handling a hit-and-run accident on your own can be challenging. Insurance companies may be reluctant to pay full compensation, and tracking down a fleeing driver takes investigative skill. Here’s how a lawyer can help:

Investigating the Accident

An El Cajon car accident lawyer has the resources to conduct a thorough investigation. They can gather surveillance footage, interview witnesses, and work with accident reconstruction experts if necessary.

Dealing with Insurance Companies

Insurance companies often look for ways to minimize payouts. A skilled lawyer will negotiate with the insurance company on your behalf to ensure you receive fair compensation for medical expenses, lost wages, property damage, and pain and suffering.

Filing a Lawsuit if Necessary

If the fleeing driver is identified, your lawyer can file a lawsuit against them for negligence and any criminal wrongdoing. If they are not found, your lawyer can help you file a claim under your uninsured motorist coverage.

Maximizing Your Compensation

Without legal representation, you might miss out on damages you are entitled to. An experienced El Cajon car accident lawyer will fight to maximize the compensation you receive, ensuring your long-term needs are covered.

What Compensation Can You Receive After a Hit-and-Run?

Victims of hit-and-run accidents in California may be entitled to several types of compensation, including:

  • Medical expenses (past, present, and future)
  • Lost income and reduced earning capacity
  • Property damage to your vehicle and personal belongings
  • Pain and suffering, including emotional distress
  • Punitive damages, in some cases, to punish particularly egregious behavior

Your compensation will depend on the specifics of your case, the severity of your injuries, and whether the at-fault driver is identified.

How Long Do You Have to File a Claim?

In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, claims involving uninsured motorist coverage may have different deadlines, depending on your policy. Consulting an El Cajon car accident lawyer as soon as possible is the best way to ensure you meet all necessary deadlines and don’t risk losing your right to compensation.

Final Thoughts: Don’t Face a Hit-and-Run Alone

A hit-and-run accident can leave you feeling helpless and frustrated. But you are not alone. With the help of a dedicated El Cajon car accident lawyer, you can pursue justice and secure the compensation you deserve.

If you’ve been the victim of a hit-and-run accident in El Cajon or anywhere in California, don’t wait to get help. The sooner you act, the better your chances of building a strong case. Reach out to a local attorney who understands California’s traffic laws and is ready to fight for you.

Author

Leave a Comment

Your email address will not be published. Required fields are marked *