Between 2012 and 2021, there were 3,348 fatal hit and run accidents in California, with 7% of fatal accidents in 2021 involving a driver who fled the scene. 77.3% of fatal hit and runs happened at night, and 62.8% of recorded accidents involved a pedestrian.
When a driver flees the scene after causing an accident, it not only leaves the victim without recourse, but it is against the law.
What Constitutes a Hit and Run in California?
Under California Vehicle Code Section 20002, a driver must stop after an accident where there is property damage or injury. Drivers are required to provide their name, license number, vehicle registration number, and show their license to the other driver or any police officers on the scene. If the other party is incapacitated, drivers must report the accident to authorities as soon as possible. Failure to stop and exchange this information is considered a misdemeanor hit and run.
If the accident results in serious injuries or death, leaving the scene escalates to a felony hit and run. Drivers who flee can face additional charges like reckless driving, DUI, or vehicular manslaughter depending on the circumstances of the crash.
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How to Find the Hit and Run Driver
If you are the victim of a hit and run accident, the driver may seem elusive, but there are steps you can take to identify them. Here are some tips to locate the fleeing driver:
- Get a Description of the Vehicle – Note the make, model, color, and license plate if possible. Even a partial plate can help narrow it down. Also, notice any identifying features like bumper stickers or damage.
- Check for Surveillance Video – Many businesses and intersections have security cameras that may have captured footage of the accident and fleeing vehicle. Ask nearby property owners for any video evidence.
- Call Witnesses – If there were any witnesses, get their contact information and written statements. Their accounts of the vehicle description and even a partial plate number can assist police.
- Report it Quickly – File a report with the police as soon as possible while the accident is still fresh. Give them all available details and evidence about the fleeing driver.
- Seek Medical Care – Even if you think you’re uninjured, get examined by a doctor. Some injuries from car accidents, such as concussion or a brain injury, are not immediately apparent. This also documents evidence for your claim.
- Contact Your Insurance Company – Inform your insurer about the hit and run. Uninsured motorist coverage can help pay for injuries and damages in a hit and run. Provide them with all evidence you have about the case.
- Check Online Resources – Websites like DMV.org allow you to search license plates to match partial information. Social media sites may also have photos of vehicles that match the description.
- Hire an Investigator – For serious hit and run cases, a private investigator has resources like access to traffic cameras and databases that can help identify the at-fault driver. This is something a personal injury lawyer can do on your behalf.
Pursuing Claims Against the Hit and Run Driver
Even after locating the at-fault driver who fled, you will need to pursue legal action to recover damages. Here are some steps to take:
- File a Police Report – Having an official report filed is vital for any potential criminal charges and your civil claim.
- Get a Lawyer – One of our attorneys can handle the legal process of building a case and negotiating your claim against the driver and their insurance company.
- Send a Demand Letter – Your lawyer can send a letter with your demand for damages and evidence. This starts a paper trail of the at-fault party’s liability.
- File a Lawsuit – If a fair settlement cannot be reached, a civil lawsuit may be needed to obtain a court judgment to recover your losses.
In felony hit and run cases, evidence will be passed to the District Attorney’s office.
Being the victim of a hit and run accident can leave you feeling powerless. However, utilizing the law and available resources can help you identify the at-fault driver and work towards getting fair compensation.
With the help of our attorneys and investigators, justice is possible against hit and run drivers.
Visit one of our offices today:
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- 1444 Fulton Street, Fresno, CA 93721
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- 11801 Pierce St, Riverside, CA 92505
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You can also call us today for a free consultation on (310) 807-6601.
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