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Did you know that just between 2015 and 2019, almost 4 million people in the USA were involved in hit-and-run accidents, many of which tragically resulted in fatalities?
While similar incidents are prevalent in the country, it is shocking that only 10% of cases are resolved every year, leaving numerous victims and their families without closure. Why? Because identifying the responsible party, collecting sufficient evidence, and navigating legal intricacies around the incident are often too challenging.
The impact of a hit-and-run extends beyond the initial collision, causing both physical damages and financial strain. If you or a loved one have been a victim, hit-and-run attorneys at Amicus Legal Group can help you file a case and fight for rightful compensation.
But before that, it is important that you understand what hit-and-run accidents are, their legal implications, as well as the crucial role of a hit-and-run accident attorney plays in seeking justice for the victims.
The definition of ‘hit and run’ varies in different jurisdictions and states. In California, leaving the scene of an accident without exchanging information or contacting law enforcement constitutes a hit-and-run.
This offense covers various scenarios, including accidents causing property damage, physical injury, or death.
As per the law, drivers involved in accidents must either remain at the scene, share contact information, or attempt to locate the owner of the property if absent. Failure to comply can result in criminal charges, even if no damages occurred.
The law also mandates drivers to immediately stop at the scene of accidents where physical injury is involved to provide reasonable assistance to victims.
Please note that fleeing the scene is a criminal offense, regardless of who was at fault. On top of that failure to report an accident within 24 hours can lead to additional charges.
These stringent laws ensure accountability, promote road safety, and protect innocent bystanders from the consequences of reckless driving.
The California law outlines the rights of victims in hit-and-run accidents. They are as follows:
Now that you know what a hit-and-run is, it’s time to discuss how hit-and-run accident attorneys can help you seek compensation, and why you need them.
Here’s a basic insight into the role of hit-and-run accident attorneys:
With thousands of hit-and-run accidents occurring annually, the need for skilled legal representation is undeniable. One of the most important roles hit-and-run accident attorneys play is investigating the accident. This involves:
Given the absence of the perpetrator, determining liability in a hit-and-run accident is quite challenging. Hit-and-run accident attornys play a vital role in this process by leveraging the expertise of accident reconstruction experts.
These specialists analyze the physical evidence from the scene, such as vehicle damage and skid marks to recreate the events leading to the accidents. By using advanced technology like computer simulations and 3D modeling, they provide insights into the dynamics of the collision.
This helps identify the responsible driver.
Your attorneys can then get the specialist to testify in court, which builds a persuasive case, helps establish liability, and facilitates compensation for the victims.
During hit-and-run accidents, victims naturally incur damages in the form of vehicle damage and physical injuries. This amounts to significant financial losses, like medical bills, lost income, and vehicle repairs.
Calculating these damages is crucial for you to get fair compensation.
Hit-and-run attorneys diligently work to estimate the total cost by analyzing medical expenses and assessing long-term needs. Additionally, they also factor in the impact on your earning capacity, besides quantifying pain and suffering with the help of mental health professionals.
This comprehensive approach ensures all aspects of damages, be it financial, physical, or emotional are addressed to recover monetary loss and enhance overall well-being.
Negotiating with insurance companies is tricky and requires you to skillfully present a case that aligns with company policies.
Hit-and-run attorneys prepare your case by gathering evidence, which includes accident scene details, witness statements, and medical records. They then articulate a compelling argument that proves liability and quantifies damages.
Negotiations involve a series of offers and counteroffers, where attorneys advocate for fair compensation, considering the economic and non-economic damages.
In case the insurance company fails to provide adequate compensation, your attorney will proceed to trial. They are responsible for presenting a compelling case that establishes the liability of the at-fault driver as well as the extent of damages.
Given that most accident cases are settled outside the court, your attorney must carefully assess the decision to proceed to trial. They must ensure that the applicable laws and available evidence ensure the best outcome for your case.
Have you been a victim of a hit-and-run car accident? Don’t wait up, and contact the Amicus Legal Group today!
Our team of experienced attorneys is ready to assist you in seeking the compensation you deserve. We understand the challenges you may be facing and are here to provide guidance and support throughout the legal process.
Book a consultation now, and let our experts represent your case!
In California, the statute of limitations for hit-and-run cases is six years. This means that you have up to six years from the date of the accident to file a lawsuit against the responsible party.
In California, if a hit-and-run accident involves damages exceeding $1000, injuries, or death, it must be reported to the DMV within ten days. However, if the accident involved a company vehicle, the report must be made within five days.
To convict a hit and run in California, evidence such as witness statements, physical evidence from the scene (skid marks, debris), and forensic analysis are crucial.
Additionally, surveillance footage, vehicle damage, and any communication or admissions by the perpetrator can also prove to be compelling evidence in court proceedings.
In California, the compensation amount you can sue for in a hit-and-run accident depends on the severity of the damages. It can range from $5,000 to $25,000 for minor accidents and can exceed $1,000,000 for high-severity accidents.
The criminal penalties for violating California’s hit-and-run law vary based on the severity.
In cases involving fatalities, drivers face felony charges with up to four years in state prison and fines up to $10,000. For non-fatal injuries, imprisonment in county jail for up to one year and fines up to $1,000 is possible.
Even without injuries, misdemeanor charges carry up to six months in jail and a $1,000 fine, with potential additional penalties.
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