A hit-and-run in California occurs when a motorist is involved in an accident with a pedestrian, another vehicle, or a fixed object, and leaves the scene without stopping to identify himself or herself, or offering aid to others who might need assistance. Whether or not the fleeing driver is at fault, leaving the scene of an accident is a crime. If you are the victim of a hit-and-run collision, the first thing you must do is call 911 or the police so that law enforcement can launch an investigation to identify and apprehend the other driver.
If you or a loved one has suffered a personal injury in the collision, J&Y Law’s Los Angeles hit and run accident lawyers can help you understand your legal rights and options. We believe these types of accidents are inexcusable and we will fight to help you get justice and obtain the maximum compensation for your injuries. Our experienced attorneys fight for all types of car accident victims in Los Angeles, San Diego, Orange County, San Bernardino County, San Francisco County and Sacramento County.
Drivers Have Legal Duties At An Accident Scene
California law requires all motorists who are involved in an accident that results in an injury or death to stop immediately at the scene and remain until authorities arrive. Drivers must also provide the police with personal information including their name and address as well as their vehicle registration number. Motorists must also provide reasonable assistance to injured drivers, passengers, and pedestrians such as calling 911 or a local law enforcement agency.
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California Hit-and-Run Laws: Vehicle Code §§ 20001 and 20002
Under California law, any driver involved in a traffic collision is required to stop at the scene and share their information with the other party. Driving away without doing that is a hit-and-run. The specific charges depend on whether anyone was hurt.
Vehicle Code § 20001 applies when a crash causes injury or death. Drivers involved in that kind of collision must stop immediately and stay at the scene. They’re required to provide their name, address, vehicle registration number, and driver’s license information to the injured person or to law enforcement. They also have to offer reasonable help to anyone who’s hurt — calling 911 or helping arrange medical transportation, for example. Leaving the scene of an injury accident can result in misdemeanor or felony charges.
Vehicle Code § 20002 covers accidents where property is damaged but nobody is hurt. Drivers still have to stop and exchange contact and insurance information with the other party. If the property owner isn’t present — for instance, if a parked car gets hit — the driver must leave a written note with their contact information somewhere it can be seen, then report the accident to local police or the California Highway Patrol.
A driver who leaves without meeting these requirements has committed a hit-and-run under California law.
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Compensation in a Hit-and-Run Accident Case
When a driver flees the scene, recovering compensation depends largely on whether they’re ever identified.
If the driver is found, the case proceeds like any other personal injury claim. You can pursue compensation for medical bills, lost wages, property damage, and pain and suffering. California also allows victims to seek punitive damages in hit-and-run cases — money meant to punish the driver for leaving, separate from whatever the victim actually lost.
When the driver is never identified, the victim’s own insurance becomes the main path to recovery. Uninsured motorist coverage — UM coverage — can pay for medical expenses, lost income, and other damages depending on the policy terms. California insurers are required to offer it, though drivers can turn it down in writing. If you waived that coverage, you have fewer options. MedPay coverage can cover immediate medical costs while the larger claim is still being sorted out.
Witnesses, surveillance cameras, or physical evidence left at the scene sometimes lead to the driver being identified later. You can then file a direct claim against the at-fault driver rather than going through their own insurer, which typically opens the door to punitive damages that UM claims don’t allow.
Reporting the accident to police quickly matters because the investigation window closes fast. The same goes for notifying the insurance company — most policies have reporting deadlines, and missing them can affect coverage.
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How J&Y Law Firm Handles Hit-And-Run Accidents
If you are the victim of a hit-and-run accident you may have many questions: Why would this person leave the scene? How did this happen? How will you handle the costs of injury? Of repair? How will you handle the emotional burden of being abandoned following an accident? The car accident attorneys at J&Y will offer you compassion and knowledge and help you obtain just compensation for your injuries, pain and suffering, and property damage.
When a driver leaves an accident scene, obtaining compensation can become complicated. If the other driver can be identified, a claim can be brought against that individual. There are also legal options available when the fleeing driver is not apprehended or has not been found, however. If you have uninsured motorist coverage, you may be able to obtain compensation from your own insurance provider.
The experienced hit-and-run accident attorneys at J&Y can negotiate with your insurance company and even litigate the case if they fail to offer you a fair settlement. The stress of navigating the financial burden resulting from a hit-and-run accident should not hinder your recovery. Don’t bear the weight of a hit-and-run accident alone; we will aggressively represent your best interests. If you or a loved one has been seriously injured in an accident that was not your fault, call J&Y today at (877) 735-7035 or fill out a contact form for a free evaluation of your case.
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