When a driver flees the scene after causing an accident, it not only leaves the victim without recourse, but it is also against the law. If you’ve been in a hit-and-run accident in California, you can find the person responsible by seeking assistance from a Manhattan Beach car accident lawyer at The Ryan Law Group.
What Constitutes a Hit and Run in California?
In California, hit-and-run fatal crashes increased by 10.49% in 2021, rising from 267 to 295 crashes, according to the National Highway Traffic Safety Administration. But how do you define this common type of crash?
A hit and run occurs when a driver involved in a qualifying accident fails to stop and fulfill the duties required by California law. The applicable law depends on whether the crash causes only property damage or results in injury or death.
Here are the kinds of incidents that constitute hit and run accidents in CA:
Hit and Run Involving Property Damage
Under California Vehicle Code Section 20002, a driver involved in an accident resulting only in property damage must immediately stop and provide the required information. A violation of Section 20002 is a misdemeanor.
Hit and Run Involving Injury or Death
California Vehicle Code Section 20001 applies when an accident results in injury to another person or death. The driver must immediately stop at the scene and fulfill additional legal duties, including providing reasonable assistance when required.
When a Section 20001 violation involves death or permanent, serious injury, more serious penalties apply, including a potential state-prison sentence.
Failure to Stop and Exchange Information
Drivers are required to provide their name, license plate 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. If you’ve been in a hit and run, call The Ryan Law Group 24/7.
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How Can I Find the Hit and Run Driver?
If you are the victim of a hit and run accident, there are steps you can take to identify them. If you work with a Manhattan Beach car accident lawyer from The Ryan Law Group, they can guide you through the following process to find the driver who struck you and fled the scene:
- 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 law enforcement.
- Report it quickly: File a report with the Manhattan Beach Police Department as soon as possible while the accident is still fresh. Give them all available details and evidence about the fleeing driver.
- Seek medical attention: Even if you think you’re uninjured, get examined by a doctor at Providence Urgent Care – Manhattan Beach or another local care facility. Some injuries from car accidents, such as a 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. Provide them with all evidence you have about the case.
- 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.
Who Can Be Held Responsible for a Hit and Run in California?
In most hit-and-run cases, the driver who left the scene may be held responsible for the resulting injuries and property damage. However, other parties may also share liability depending on how the crash happened and who owned or controlled the vehicle.
The Hit-And-Run Driver
The driver who caused the accident and fled may face criminal charges and civil liability. If law enforcement is able to identify the driver, you may be able to pursue compensation for medical bills, lost income, property damage, and pain and suffering.
The Vehicle Owner
A vehicle owner may sometimes be responsible for an accident caused by someone driving the vehicle. California law can impose liability on an owner who knowingly allows another person to use the vehicle in certain circumstances.
An Employer
If the driver was working when the crash occurred, the driver’s employer may potentially be held responsible under California’s rules for employer liability. This can apply when an employee causes an accident while performing job-related duties.
Other Negligent Parties
Depending on the circumstances, another person or business may have contributed to the accident. For example, a negligent vehicle owner, employer, or other party could potentially share responsibility if separate negligence played a role in causing the crash.
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What Should I Know About 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 California car accident attorney: With over 30 years of combined experience, The Ryan Law Group 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, located at the following address:
- Los Angeles County District Attorney’s Office: 211 West Temple Street, Suite 1200, Los Angeles, CA 90012.
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Finding the Person Responsible for a CA Hit-and-Run Accident FAQs
Hit-and-run accidents can create unique questions about insurance, evidence, and pursuing compensation. Below are answers to some less common questions California drivers may have after a hit and run.
What If I Only Have Part of the License Plate Number?
Even a partial license plate can help police identify a vehicle. Provide any details you remember, along with the vehicle’s make, model, color, damage, and direction of travel.
Can Security Camera Footage Help Identify a Hit and Run Driver?
Yes. Nearby traffic cameras may have captured the collision or fleeing vehicle. We will act quickly to retrieve the footage because some surveillance systems automatically overwrite older footage.
What If the Hit and Run Driver Blames Me for the Accident?
If the driver is identified and disputes responsibility, evidence can help establish what happened. Photos, witness statements, surveillance footage, police reports, and accident reconstruction evidence may all help support your version of events.
Speak to a California Car Accident Attorney at The Ryan Law Group 24/7
Now you know about hit and run accidents in California and how to find the person responsible. Being the victim of a hit and run accident can leave you feeling powerless. However, utilizing California law and resources can help you identify the at-fault driver and work towards getting fair compensation.
With the help of our California car accident attorneys and investigators, justice is possible against hit and run drivers. Call The Ryan Law Group 24/7 today, then visit our FAQ page to learn more.
Call or Text (310) 321-4800, or Complete a Free Case Evaluation Form
