What Evidence is Needed to Convict a Hit and Run in California?

As outlined below, criminal court prosecutors need almost overwhelming evidence to convict alleged hit-and-run drivers in criminal court. The amount of evidence must overcome the presumption of innocence and establish guilt beyond all reasonable doubt. This evidence usually includes witness statements, mostly eyewitness statements, physical evidence, such as crash damage, and electronic evidence, such as surveillance video footage.

A Carlsbad personal injury lawyer uses the same kinds of evidence to establish liability in civil court. However, the burden of proof is only a preponderance of the evidence (more likely than not). So, a little evidence goes a long way. The different burdens of proof also helps explain why police investigators usually give up so early in these matters. A Carlsbad personal injury lawyer, on the other hand, isn’t satisfied with anything less than the best possible result under the circumstances.

Witness Statements

Many victims are unable to testify on their own behalf, either because they sustained fatal injuries or sustained head injuries that cloud their memories.

When tortfeasors (negligent drivers) strike pedestrians or other vehicles, the victims’ brains slam against the inside of their skulls, because of the extreme motion. Doctors can control the resulting brain bleeding and swelling and contain these injuries. Then, physical therapists can train uninjured areas of the brain to assume lost functions, such as eating or walking. However, the injuries themselves are permanent. Lost time is gone forever.

Frequently, compelling eyewitness testimony is unavailable as well, at least in criminal court. Many witnesses catch a brief glimpse of many tortfeasors, mostly at night. Their testimony doesn’t hold up in court, mostly because of the aforementioned burden of proof.

In most cases, a Carlsbad personal injury lawyer doesn’t need a witness to testify that s/he saw the driver. A good look at a partial license plate number, along with a vague description of the vehicle, is usually sufficient. More on that below.

Physical Evidence

Some hit-and-run vehicles leave behind oil leaks and other such damage that almost literally creates a trail that leads to their doors. This evidence is obviously very useful in criminal court. But police officers may only question the tortfeasors at the end of the trail under limited circumstances. So, the payoff is small.

Personal injury lawyers have unlimited ability to question potential tortfeasors. The Fifth Amendment’s right to remain silent only applies in criminal court. Furthermore, personal injury lawyers match crash damage on vehicles with hit-and-run crash patterns. Since the burden of proof is so low in civil courts, it’s easy for jurors to connect the dots.

Electronic Evidence

Surveillance video is often the difference maker in civil court. Carlsbad personal injury lawyers use this evidence to identify vehicles, as outlined above, as well as tortfeasors.

A partial plate number recorded at the scene, or even several blocks or miles away from the scene, enables a lawyer to locate the vehicle’s owner. It’s more likely than not that the owner was driving the vehicle at the time. Therefore, attorneys force tortfeasors to pay damages.

Damages in a car crash case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Rely on a Thorough 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. We routinely handle matters throughout the Golden State.

Source:

law.cornell.edu/wex/presumption_of_innocence