A hit and run accident is when a driver crashes into another vehicle, a pedestrian or onto private property and then leaves immediately without identifying himself. A hit and run is a serious crime and depending on the circumstances it can be considered either a misdemeanor or a felony, but both are punishable by incarceration in a county jail or state prison and a fine. The person suing is entitled to damages that compensate him or her for medical expenses, pain and suffering and lost wages. These types of damages are designed to punish and prevent bad conduct by serving as a warning to others. The problem with these cases is that most of the time the drivers leave so quickly that the victim barely has time to recognize the make, model, year or even color of the car.
If you are a victim of a hit and run, contact experienced auto accident attorneys in Sacramento CA immediately to get help.
Hit and run drivers are selfish and put their interests ahead of others. The most common reasons according to the American Bar Association’s Criminal Section is due to intoxication, lacking insurance, stolen vehicles, lacking a license, illegally residing in the country or having drugs in possession. Because hit and run accidents are considered a crime, the police are supposed to help you if you are a victim and suffered an injury. However, if the case is considered serious enough, the police will regard it as a low priority. The police will then assign your case to either the traffic division or CAPERS (crimes against persons).
Under criminal law, to convict a person, the state must prove the defendant’s guilt was beyond a reasonable doubt. Identifying the driver is usually very difficult. Eyewitness identification is a powerful evidence if the victim cannot remember.
Keep in mind that even if you’re able to identify the owner through his license plate, he may not step up and admit to the accident. If he doesn’t admit it, he probably won’t give you his insurance information, and in that case, it’s best to contact Sacramento California car crash lawyers. Depending on the situation, attorneys can file a lawsuit and subpoena the owner for his recorded statement, which is given under oath and lying under oath is a felony.
If you’re hurt or suffer property damage because of a hit and run accident and the driver has no insurance and the police arrested the driver, make sure you contact the district attorney’s office. Try to speak with the prosecutor assigned to the case and ask about the victims’ compensation fund and make sure you make clear your objection to the driver-defendant receiving probation. You may also contact auto accident attorneys in Sacramento CA at our firm for free consultation.
In a civil case, both the driver and the owner are the responsible parties, unlike a criminal case where just the driver is responsible. How much the non-driver owner is liable for depends on factors relating to the owners knowledge of the drivers habits. In civil liability, it’s a driver’s legal duty of care to drive safely while looking out for the safety and wellbeing of other drivers. Negligent driving is a breach of the driver’s duty of care and if there is enough evidence to prove the driver’s negligence, the law says the driver and/or the owner must compensate you for your losses.
Contact our offices in Folsom or Sacramento to discuss your injuries with a personal injury attorney. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 357-6767 or send us an email to schedule an appointment.