Hit And Run Investigation Process California

Hit and run is unfortunately very common in California. Over 1 in 10 fatalities in California are due to hit and run drivers. There are around 20,000 Californians that are injured in a single year due to hit and run drivers. In the last 10 years in California, hit and run accidents have nearly tripled, posing a safety concern for several drivers on the road.

Many people may assume that because they have been involved in a hit and run accident, they do not have a right to file a claim or lawsuit since the at-fault person cannot be located. but, instead, there are several steps to take to investigate and determine who the hit-and-run driver may be.

In this day and age, there are several businesses around that may have surveillance footage. There may also be Witnesses who may be able to identify the vehicle. The key is to never give up, and to contact an experienced attorney if you believe you have been involved in a hit-and-run accident.

If you have been involved in a hit-and-run accident,  give our top-rated attorneys a call to discuss how you could recover compensation. 

Is a Hit-and-Run Illegal? Understanding California’s Laws and Penalties

Yes, hit-and-run incidents are illegal in California. However, the severity of the charge depends on the specifics of the incident, which may either involve bodily injury or only property damage. Let’s break down the distinctions and consequences according to California Vehicle Code.

What Constitutes a Hit-and-Run in California?

A hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to provide identification or render aid, if necessary. Under California law, this act is illegal regardless of fault. Hit-and-runs are categorized based on whether they result in bodily injury or only property damage, with each type carrying different penalties.

Hit-and-Run with Bodily Injury: A Felony Offense

When a hit-and-run accident results in bodily injury or death, it’s treated as a serious felony in California. If convicted, drivers can face severe penalties, including fines, imprisonment, and a permanent criminal record. This offense is covered under California Vehicle Code Section 20001. Felony charges also bring long-term consequences, including higher insurance rates and potential civil liabilities.

According to NBC LA, California has recently seen an increase in hit-and-run incidents leading to injury, which has prompted law enforcement to increase penalties in hopes of deterring these accidents. Read more about recent incidents and penalties on NBC LA.

Hit-and-Run with Only Property Damage: A Misdemeanor

In cases where a hit-and-run accident results only in property damage—such as a dented bumper, scratched vehicle, or damaged mailbox—the offense is typically charged as a misdemeanor under California Vehicle Code Section 20002. Penalties for this offense usually include fines, restitution, and potentially probation. However, repeat offenders or those causing significant property damage may face harsher consequences.

A recent report from ABC7 highlights the impact of property-only hit-and-runs in Los Angeles, pointing out that such incidents often go unreported but can carry legal and financial consequences for those involved. Learn more about these statistics on ABC7.

What Should You Do if You’re Involved in a Hit-and-Run?

It’s essential to know your legal responsibilities if you’re involved in any kind of traffic accident in California. According to California law, you must:

1. Stop immediately at the scene of the accident.
2. Exchange information with other parties involved, including your name, address, and vehicle registration.
3. Report the accident if it involves injuries, fatalities, or property damage exceeding $1,000.

Failing to take these steps can result in legal consequences and affect your insurance coverage.

Q&A: Common Questions About Hit-and-Run Accidents

Q: Is it ever acceptable to leave the scene of an accident?
A: No. Leaving the scene, even if you believe it’s minor, can lead to charges. Always stop, check for injuries, and exchange information.

Q: What if I can’t find the owner of the damaged property?
A: California law requires you to leave a note with your contact details and report the incident to local authorities to avoid a hit-and-run charge.

What Compensation Can You Recover in a Hit-and-Run Lawsuit?

A hit-and-run accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. In California, if the hit-and-run driver is identified, you may be entitled to pursue compensation for various types of damages through a lawsuit. Here’s an overview of the potential types of recovery you may be eligible for in such cases.

Medical Expenses

One of the primary forms of compensation you can pursue after a hit-and-run accident is coverage for medical bills. These bills include the costs associated with treating any injuries directly resulting from the accident, such as hospital stays, surgeries, physical therapy, and any long-term care that might be required. Medical expenses can add up quickly, so recovering these costs is essential to relieve some of the financial burden you might face.

For more information on how medical expenses impact hit-and-run cases, NBC LA offers insights into recent hit-and-run cases and the financial toll on victims.

Property Damage

Hit-and-run accidents often leave victims dealing with significant vehicle damage, which could require extensive repairs or even a full replacement. This category of compensation covers the repair or replacement costs of your vehicle. Depending on the extent of the damage, the recovery process can vary, but you can typically include all related expenses, such as towing fees and rental cars, if needed during the repair period.

Visit ABC7 to explore how property damage affects victims of hit-and-run incidents and their financial recovery.

Pain and Suffering

The emotional impact of a hit-and-run accident can be overwhelming. Pain and suffering compensation addresses the psychological effects of the accident, including anxiety, trauma, and depression. In hit-and-run cases, these feelings may be even more intense as the victim faces the uncertainty and distress of not knowing the identity of the person responsible for their suffering. Courts consider the unique emotional impact of these cases, particularly since the absence of accountability can deepen the victim’s distress.

Q: Why is pain and suffering a major component of hit-and-run cases?

A: Pain and suffering take into account the unique emotional toll these accidents have on victims. In hit-and-run cases, this can be more significant due to the prolonged investigation and uncertainty.

For related stories and expert insights on emotional distress following hit-and-runs, you may find valuable resources on Fox11.

Punitive Damages

While not always awarded, punitive damages are more likely in cases involving hit-and-run incidents. Unlike compensation for actual losses, punitive damages are designed to punish the defendant for particularly malicious or reckless behavior. In hit-and-run accidents, the intentional act of fleeing the scene without rendering aid or taking responsibility is seen as highly egregious, and courts may award punitive damages to deter such behavior.

Q: What are punitive damages, and why are they relevant in hit-and-run lawsuits?

A: Punitive damages serve as a deterrent and punishment for malicious or reckless actions. In hit-and-run cases, fleeing the scene often constitutes malicious intent, making these damages more applicable.

For more statistics and cases where punitive damages have been awarded in hit-and-run cases, refer to the recent analyses on NBC LA.

Additional Considerations

When pursuing compensation for a hit-and-run accident, having an experienced attorney can help in identifying and locating the responsible driver. Moreover, California has laws that protect victims of hit-and-run accidents, and the police, as well as insurance companies, may be involved in identifying the driver.

To stay informed on the latest hit-and-run incidents and updates, follow local news outlets like ABC7 and Fox11 which provide regular coverage on such cases and their outcomes.

By understanding the types of damages recoverable in a hit-and-run lawsuit, you can take informed steps to protect your rights and seek the compensation you deserve after a traumatic experience.

Which Evidence is Important in a Hit and Run Case?

Many may think that after hit and run accident, a witness is the only key piece of evidence that they need. But, there are several other types of evidence that will be helpful when determining who the hit-and-run driver is. For example, examples of evidence could include:

• Video footage: many vehicles are equipped with surveillance cameras that constantly record the vehicle. There may also be businesses nearby that have surveillance videos set up and pointed to the road. Our top-rated hit-and-run attorneys will look into the location of any nearby businesses or residences that may have surveillance footage. You must act quickly, since many surveillance programs now have a retention policy, and may refresh the system and delete the video after a couple weeks.
•  Tire marks: tire marks on the floor may also provide more information as to which direction the hit and run driver drove off to. Experts use tire marks to determine the location of where the hit and run driver drove off to, and how they sped up or slowed down when the incident occurred. A tire mark could determine the vehicle speed and weather conditions of the time of the accident. For example, if there are short tire marks, that means that the negligent driver tried to stop the vehicle at some point. When there are long streaks of tire marks, this means that the driver instead attempted to speed away, which could point to malicious intent. If there are curved tire marks, this may mean that the road conditions were slippery at the time.
• Paint damage: the vehicle’s damaged paint may also be a key giveaway on how fast the other car was driving, and what direction the other car drove off to. 
• Photographs of the accident location: photographs of the accident location may not specifically show the hit-and-run driver, but may show different conditions that may assist investigators in determining how the hit and run driver drove off. Sometimes, there may be photographs of the people inside the hit-and-run driver’s vehicle. Police officers, along with accident investigators, may launch a full investigation into identifying those faces in the vehicle.

Review All Evidence

This step may take a while since several different experts may be involved, and may work together. For example, the Department of Motor Vehicles may need to look into the license plate or make and model of the vehicle that hit the accident victim. In some cases, investigators may look to accident reconstruction experts to determine how the accident happened and what type of vehicle may have been  driven by the hit and run driver.  This is also the time where accident reconstruction programs are used, such as programs that may make a video or photo clear.

What if I cannot identify the hit-and-run driver?

If the hit-and-run driver can still not be identified after an in depth investigation, you may still have a right to file a claim with your insurance company.

How can our attorneys help you?

• Each type of car accident could result in different damages. You should schedule a one-on-one case evaluation with a hit-and-run attorney quickly to make sure that you have protected your rights, and that the evidence is still easily accessible. The longer you wait, the more difficult it could be to gather evidence of the accident. 
• Our attorneys will help you file a hit-and-run lawsuit against the negligent driver once the negligent driver has been identified.
•  Our attorneys will also help you file an insurance claim against your insurance company or the hit-and-run driver’s insurance company for compensation.

Will an insurance company investigate a hit-and-run accident?

Sometimes, an insurance company may also step in and investigate the circumstances of the hit-and-run accident to determine who the driver is. For example, if you were to file a claim with your own insurance company for this hit and run, your insurance company may then launch its own independent investigation to determine if it should pay out your claim.

Contact An Experienced Hit And Run Accident Law Firm Today

Our Heidari law attorneys will take a look at your case and determine what steps to take to make sure we move forward with your best interests in mind.

Our attorneys are contingency fee attorneys, and do not collect any compensation up front unless we win a settlement or judgment in your favor. For more information on contingency fee agreements, give us a call to discuss.

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