What Percent of Hit and Runs Get Solved?
Law enforcement officers solve fewer than 10 percent of the hit and run cases in California, usually due to the evidence available and their attitudes about such cases.
Almost no evidence is available in most hit and run cases, especially if the accident occurred at night and/or in an isolated area. Without evidence like a reliable eyewitness who got a good look at the entire accident or surveillance video that caught it all on tape, police officers are hard pressed to make an arrest. Even if they arrest someone, if the evidence is flimsy, the charges probably won’t hold up in court.
As a result, many investigators quickly give up on these cases and spend their time elsewhere. That’s especially true since many police officers believe that a car accident, even a hit and run, is a civil matter that an insurance company and an Oceanside personal injury lawyer, not law enforcement, should resolve.
Burden of Proof in Civil Cases
Hit and run charges often don’t hold up in criminal court because the burden of proof is beyond any reasonable doubt.
Essentially, prosecutors must amass overwhelming evidence of guilt to overcome the presumption of innocence and meet this burden of proof. Shaky testimony from an unreliable eyewitness who only saw part of the accident simply doesn’t fit the bill.
However, the burden of proof in a civil case is only a preponderance of the evidence, or more likely than not. That’s a much lower hurdle for an Oceanside personal injury lawyer to clear.
Assume an eyewitness saw the last two digits of the tortfeasor’s (negligent driver’s) license plate and can vaguely describe the vehicle (e.g. late-model dark sedan). That evidence would not hold up in criminal court. The witness cannot identify the vehicle, and more importantly, cannot identify the driver.
In civil court, the outcome would be much different. An attorney, usually working with a private investigator, could use this flimsy evidence to locate the vehicle’s owner.
It’s more likely than not that the owner was driving the vehicle at the time. The onus then shifts to the insurance company, which must prove someone else was driving the car. Good luck with that.
Resolving a Hit and Run Case
Most hit and run cases, like most other civil cases, settle out of court. However, settlement is a process, not a result.
This process usually begins once medical treatment is at least substantially complete. At that point, an Oceanside personal injury lawyer can set the claim’s settlement value, which is basically its sticker price.
If a case settles prior to that point, the settlement amount may not fully account for future medical bills, which means the victim is financially responsible for these charges.
When major issues in the case, such as liability (legal responsibility for injury) and damages (amount of compensation) are clear-cut, the insurance company usually has a duty to settle the case before an attorney files legal paperwork.
However, most insurance companies dispute liability and/or damages. Therefore, an attorney must file legal paperwork. This move pressures the insurance company into settlement and protects the hit and run victim’s legal and financial rights.
After a lawsuit is filed, the case will most likely settle during mediation, which is a court-supervised negotiation session. The mediator enforces a duty to negotiate in good faith. As a result, mediation is usually successful.
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 Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
