In California, 10.1% of all fatal car accidents involved drivers who fled the scene, according to Lending Tree insurance. Hit-and-run victims are at much higher risk of serious injury because they are often left to fend for themselves after being injured by a driver who didn’t stick around to help them. In this article, we’ll cover the legal options for hit-and-run accident victims in California and how they can protect themselves.

Hit-and-run accident victims are typically left with enormous medical bills, missed time at work, and emotional trauma. For that reason, it is essential to your health and financial future to consult with an attorney at Maison Law if you have been the victim of a hit-and-run accident in California.

How Maison Law Helps Injured Hit-and-Run Accident Victims

If you’ve been injured in a hit-and-run accident in California, it is recommended to discuss your legal options with an experienced Car Accident Lawyer at Maison Law. Depending on the circumstances, it may be beneficial to take legal action immediately. The majority of hit-and-run vehicle collisions are often accompanied by major injuries, requiring extensive treatment and missed time at work. Our attorneys can help you by:

Connecting you to trusted doctors for continued treatment
Filing a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
Communicating with law enforcement and assigning liability to all parties responsible
Communicating with insurance adjusters on your behalf
Subpoenaing information vital to your case
Building your case by gathering concrete evidence to confirm your claim
Representing you in court if your case goes to trial

What the Law Says About Hit and Run Accidents

According to California Vehicle Code 20002, individuals are prohibited from leaving the scene of an accident without identifying themselves to others involved when someone else’s property was damaged. This law applies to pedestrians, as well as other modes of transport, and is considered a misdemeanor. However, if any person is injured or killed in the hit-and-run accident, then the penalty is upgraded to a felony hit-and-run. A person is guilty of a hit-and-run if:

They leave the accident scene
Fail to identify themselves to the others involved
Damage occurred to someone else’s property, or someone was injured or killed

What to Do After a Hit and Run Accident in California

Any accident that involves a driver failing to stop after hitting someone with their vehicle is considered a hit-and-run collision. The next steps to take after a pedestrian hit-and-run accident are:

Report the crime to the California Highway Patrol (CHP): hit and run driver can face serious penalties for fleeing the scene of an accident. The sooner the collision is reported, the better chance a police officer will track the offender down, improving the odds of getting compensation for your injuries.
Get medical attention: even if you don’t feel enough pain to see a doctor, it is recommended to get checked out anyway. Deep tissue injuries and ligament strains can take days to turn into painful injuries. Any delay in seeking medical attention can be harmful to your case if you decide to take legal action.
Speak with an attorney: the best way for injured hit-and-run accident victims to get compensation is to consult with an experienced attorney at Maison Law. We provide victims with essential evidence, witness testimony, and legal protection from liability to reach a successful conclusion.

Common Hit and Run Accidents

The details of how the hit-and-run accident occurred and who was involved will play an important role in determining the outcome of your case. Common hit-and-run accidents include:

Driver hits your parked car and leaves: if a driver hits another vehicle without leaving a note or reporting it, the action is considered a hit-and-run.
Driver causes injuries and leaves the scene: if a driver injures someone in a vehicle accident and speeds off without stopping or helping, they are leaving a victim alone to deal with injuries and can face penalties.
Commercial driver leaves after an accident: a company vehicle or a delivery driver is required to stop after an accident, regardless of their route or deadlines.

What Compensation Can You Expect for a Hit and Run Accident?

If you’re the victim of a hit-and-run, you can sue for compensatory damages, which include:

Medical and hospital bills
Property damages
Occupational and physical therapy
Lost earnings and wages
Property damage
Lost earning capacity
Pain and suffering

In hit-and-run cases, an at-fault driver’s driver’s intention could be found to be intentional, in which case, you would be able to sue for punitive damages. Punitive damages cover accidents that were caused due to ill will or malice. They can result in significant compensation for the victim as the courts would like to deter anyone from committing intentional acts of harm against another.

With all these factors, it can be difficult to put a specific amount on each case. But if you speak to one of our attorneys at Maison Law, they can give you an idea of the compensation you’re owed based on your situation.

The Purpose of Punitive Damages for a Hit and Run Accident

The right to punitive damages is a statutory right. California Civil Code 3294 states a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice.

The purpose of punitive damages is to serve as punishment and deterrence of unacceptable conduct. In the case of a hit-and-run driver, their actions may be considered unacceptable behavior, but that will ultimately be left up to the judge overseeing your case. The justification for punitive damages is meant to achieve two objectives:

Deter specific defendants from repeating or continuing their offensive behavior
Deter other potential parties from committing similar offenses

Punitive damages were originally not intended to compensate the plaintiff. However, the plaintiff is the party who receives the reward, so the reality overrides the intention. The goal of the law to punish gross negligence remains the same regardless, and the plaintiff is awarded the punitive damages “because there is no one else to receive it,” as stated in Shepherd Components, Inc. v Brice Petrides-Donohue & Assoc.

Contact Maison Law | Hit and Run Accident Lawyers

In certain circumstances, criminal charges can be brought against the hit-and-run driver, requiring an experienced law firm with legal resources to successfully manage such a complex case. The process can seem overwhelming, but at Maison Law, we’ll guide you step-by-step and ensure you get the compensation you need.

We utilize every available legal resource to get your case resolved and paid out as quickly as possible so you can put this traumatic event behind you and get back to your life without having to stress about handling the situation entirely by yourself.

Don’t make the mistake of waiting years for the insurance company to conduct an investigation and offer you a low settlement. Contact Maison Law today for a free consultation and case evaluation.

Legal Guide for Hit and Run Accidents in California