What Happens to Someone Who Hits and Runs?

Often, nothing happens to hit-and-run drivers in criminal court. Fewer than 10 percent of these motorists are charged with hit-and-run, let alone convicted of this offense. Most drivers flee accident scenes because no one saw the crash and they simply think they can get away with it. Occasionally, investigators collect some physical evidence at the scene, but after that, the investigation stalls, and police officers usually quit.

But in civil court, if someone hits and runs, a Carlsbad personal injury lawyer can obtain significant compensation, even if there’s little physical evidence at the scene and the leads are seemingly nonexistent. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Since many SoCal jurors detest hit-and-run drivers, additional punitive damages may be available as well.

Building a Case

Usually, a Carlsbad personal injury lawyer uses ordinary negligence as the foundation of a hit-and-run case. In California, a negligence case has four basic elements:

• Duty: Most noncommercial drivers have a duty of reasonable care. This legal principle is based on a moral principle. Just like the Good Samaritan went out of his way to help an injured traveler, drivers must go out of their way to avoid hurting people in hit-and-run or other accidents.
• Breach: A breach is a serious driving mistake that causes a crash. Excessive speed is a good example. 5mph over the limit is technically illegal, but most jurors don’t see such excessive speed as a breach of duty. 20mph over the limit, on the other hand, is clearly a breach of duty. This speed is dangerously excessive.
• Cause: The breach must substantially cause the crash. Other factors, like bad weather, may contribute to a crash. But driver error substantially causes car wrecks, at least in most cases. The breach must also foreseeably cause injury. If an ambulance carrying Sam crashes on its way to the hospital, Sam’s injury is crash-related but not foreseeable.
• Damage: Any personal injury or property damage satisfies this requirement. Damages are usually higher in serious injury or fatal car crash cases, since these victims need and deserve additional compensation. Some exceptions to the actual damage rule, such as a negligent infliction of emotional distress, may apply in some cases.

The evidence in a hit-and-run claim usually doesn’t come from the scene of the accident. This evidence includes remote surveillance camera footage and owner identification.

A security or other camera several blocks away from the crash scene, or even several miles away, may capture an image of a damaged vehicle and a partial plate number. Attorneys, often working with private investigators, use this tiny bit of information to locate the vehicle’s owner.

Such evidence wouldn’t hold up in criminal court. But in civil court, the burden of proof is only a preponderance of the evidence (more likely than not). For example, it’s more likely than not that the owner was driving a vehicle at the time of the crash.

UMI Claims

A few final words about uninsured/underinsured motorist claims. Such a claim may be an option if a lawyer cannot bring the right defendant into court.

If a policyholder is hurt in an accident with an uninsured or underinsured motorist, the UIM policy covers the policyholder’s losses, up to the policy limits.

If you don’t have a UIM rider, you should consider getting one. Generally, the premiums are low and the coverage limits are high. Additionally, in the event of a claim, most matters settle quickly. The insurance company is anxious to keep its paying customer happy. Arbitration hearings, rather than trials, usually resolve these disputes.

Work With a Diligent San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.