What Happens if Someone Leaves the Scene of an Accident?
Car accidents occur daily in California. Drivers who get involved in motor vehicle collisions are legally required to remain at the scene and fulfill certain responsibilities before leaving. Unfortunately, some drivers choose to flee the scene instead. If this happens to you, you need to understand your rights and recovery options with filing a car accident lawsuit in Los Angeles.
California Hit-and-Run Laws
California Vehicle Codes (VSs) § 20002 to 20004 outlines exactly what a motor vehicle driver should do in the event of an automobile accident. This law lists legal requirements that, if broken, mean that the driver has committed the crime of “hit-and-run.”
Driver responsibilities after an accident include:
- Immediately stop the vehicle at the nearest location that is safe and will not impede traffic.
- Exchange information with the other driver or, if the driver isn’t present, leave a detailed note.
- Upon request, present a driver’s license and vehicle registration to the other party.
- Render aid to anyone who has been injured.
- Report the car accident to local police or California Highway Patrol.
According to California VC § 20001, fleeing the scene of a car accident without fulfilling these requirements is a misdemeanor. Committing a hit-and-run violation can be punished with up to a year in prison and/or a fine of up to $10,000. The penalties can be enhanced if the accident resulted in serious or permanent injury or death.
What to Do if Someone Leaves the Scene of an Accident
If you get involved in a car accident where the other driver leaves the scene without stopping, take the following steps to protect your rights:
- Check yourself for injuries and get medical care right away. Keep copies of your medical bills and records.
- Contact the police to report the hit-and-run. Cooperate with the investigation, but don’t admit fault. Continue checking in with the police for updates on their investigation.
- Document the scene. Take pictures, write down what you can remember about the other vehicle (color, make, model, partial license plate numbers, etc.) and gather witness information.
- Contact an attorney. An experienced attorney handling injury claims in LA can help you navigate this complex type of claim, locate the responsible party and seek justice through all available legal outlets.
The claims process will likely start with contacting your own insurance company to notify them of the accident. Where your case goes from there will depend on the circumstances.
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Your Recovery Options After a Hit-and-Run
Fleeing the scene does not mean that a driver isn’t liable or financially responsible for the crash. Under California’s fault laws, if the hit-and-run driver is responsible for causing the accident, he or she is required to pay. However, the driver must be identified and located before a claim can be brought.
If the police investigation does not uncover the identity of the hit-and-run driver, victims may be able to turn to their own car insurance companies for coverage. Depending on the policy, uninsured or underinsured motorist insurance in LA may be available to help cover the victim’s costs. Contact your car insurance provider as soon as possible to discuss coverage options.If you do not have the right type of first-party coverage, explore your other options by contacting a Los Angeles hit-and-run accident attorney. A lawyer can investigate to search for other outlets for financial recovery, such as holding a third party responsible. Your lawyer will help gather evidence to prove your case – such as eyewitness accounts, surveillance footage and physical evidence at the scene – while you focus on healing.