Being in a hit-and-run accident can feel like being caught in a sudden storm without any shelter. It’s unexpected, scary, and can make you feel exposed and unprotected. The legal steps that come after can be complicated and need someone with special skills. This is where a good hit-and-run lawyer can help you.
Why do you Need a Hit and Run Lawyer
Hit-and-run cases are not just another job for a lawyer. They have special legal challenges, like proving who was at fault, dealing with insurance claims, and handling possible criminal charges. Without an expert lawyer, you might get lost in the legal system, face serious punishments, or miss out on getting the compensation you deserve.
Felony Hit and Run Explained
A felony hit and run is a serious crime where someone leaves the scene of an accident without giving their details or helping those who are hurt. In California, it’s considered a felony if someone is injured or killed in the accident.
If you are in a hit-and-run accident where someone gets hurt or dies, it’s important to understand how serious this is. It’s not just a small traffic issue; it’s a crime with tough consequences. You could face large fines, jail time, and lose your driver’s license.
The first thing you should do after a hit and run is call 911. This gets the police and emergency services to the scene quickly, so anyone injured can get medical help.
Next, try to note details about the other car, like the make, model, color, and license plate number. If you notice anything special, like bumper stickers or dents, write that down. If you see the driver or passengers, remember what they look like to help the police.
Stay at the scene until the police arrive, unless you are in danger. Leaving without giving your information could lead to more charges against you for hit and run.
When the police arrive, cooperate fully and share all the details about the accident. Don’t hold back any information that could help find the other driver.
Besides calling 911, you should also contact your insurance company right away. They can tell you what steps to take to file a claim and may help you find legal assistance if needed.
If you are charged with felony hit and run in San Diego, it’s very important to get help from an experienced lawyer right away. They can look at your case and help create a strong defense to reduce the charges against you.
Also read: Dealing with a Hit and Run Car Accident: What to Know
Defenses in Hit and Run Cases
Getting into a hit-and-run accident can feel scary and unclear. Victims not only deal with the physical and emotional effects but also face legal challenges in getting compensation for injuries or damages.
The driver at fault might use certain defenses in these cases. Here are some common defenses used in hit-and-run cases:
Lack of Knowledge: The driver might claim they didn’t know they caused an accident. This could happen if they hit the victim’s car from behind at a traffic light or on a busy street with many cars involved.
Mistaken Identity: The driver might argue they weren’t involved in the accident. This could be the case if someone else was driving their car or if witnesses incorrectly identified them as the driver.
Lack of Evidence: To prove someone is at fault in a hit and run, you need evidence like witness statements, surveillance video, or physical proof from the scene. If there isn’t enough evidence connecting the driver to the accident, they might use this as a defense.
Emergencies: The driver might say they left the scene because of an emergency, like a medical issue or a family matter that needed urgent attention.
Insanity or Intoxication: Sometimes, drivers argue they weren’t responsible for their actions due to mental illness or being intoxicated, which affected their judgment.
It’s important to know that even if one of these defenses is used, it doesn’t mean the driver will automatically avoid being held responsible. Each case is different and must be evaluated based on the specific details and evidence.
Hit and Run Charges under California Vehicle Code Sections 20001-20002
In California, hit and run charges are governed by Vehicle Code sections 20001 and 20002, which differentiate between felony and misdemeanor offenses based on the severity of the incident. Here’s a detailed overview of these laws:
California Vehicle Code 20001 (Felony Hit and Run)
Definition
Vehicle Code 20001 addresses hit and run incidents that result in injury or death to another person. The law mandates that any driver involved in such an accident must:
- Immediately stop at the scene.
- Provide reasonable assistance to any injured person.
- Exchange relevant information (name, address, vehicle registration, etc.) with the other parties involved.
Elements of the Crime
To convict someone under VC 20001, the prosecution must prove:
- The defendant was involved in an accident while driving.
- The accident resulted in injury or death to another person.
- The defendant knew, or should have reasonably known, that the accident resulted in injury or death.
- The defendant willfully failed to stop at the scene, provide reasonable assistance, or exchange information.
Penalties
VC 20001 is classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony:
- Misdemeanor: Up to one year in county jail, a fine between $1,000 and $10,000, or both.
- Felony: Two, three, or four years in state prison, a fine between $1,000 and $10,000, or both. If the accident results in death or permanent, serious injury, the penalties can be more severe.
California Vehicle Code 20002 (Misdemeanor Hit and Run)
Definition
Vehicle Code 20002 addresses hit and run incidents that result in property damage only. The law requires drivers involved in such accidents to:
- Immediately stop at the nearest location that does not impede traffic or jeopardize the safety of other motorists.
- Provide their name, address, and vehicle registration information to the other party.
- If the vehicle is unattended, leave a note with the required information and notify the local police.
Elements of the Crime
To convict someone under VC 20002, the prosecution must prove:
- The defendant was involved in an accident while driving.
- The accident resulted in damage to someone else’s property.
- The defendant knew, or should have reasonably known, that the accident caused property damage.
- The defendant willfully failed to stop at the scene or provide the required information.
Penalties
VC 20002 is classified as a misdemeanor, carrying penalties of:
- Up to six months in county jail.
- A fine of up to $1,000.
- Restitution to the victim for property damage.
- Probation, community service, and two points on the driver’s California DMV record.
Key Differences Between VC 20001 and VC 20002
| Aspect | VC 20001 (Felony) | VC 20002 (Misdemeanor) |
| Injury/Death | Yes | No |
| Property Damage | Not the primary focus | Yes |
| Penalties | More severe (prison time, higher fines) | Less severe (jail time, lower fines) |
| Criminal Record | Felony or misdemeanor | Misdemeanor only |
How do I check the success rate of a San Diego hit and run lawyer
Google the Lawyer or Firm: Search for the lawyer’s name or their firm to find useful information, like news stories, online reviews, and any articles or publications they have written.
Check Legal Directories: Use platforms such as Avvo or Super Lawyers to find detailed profiles of lawyers. These profiles include client reviews and ratings, which can give you insight into their success.
Consult the State Bar: Go to the California State Bar Association’s website to verify the lawyer’s credentials. You can also check if there have been any disciplinary actions against them, which helps assess their professionalism and reliability.
Ask Directly: During your consultation with the lawyer, ask about their success rate and specific experience with hit-and-run cases. A good lawyer will be open about their track record and experience.
By following these steps, you can gather information to help you assess the success rate and reputation of a hit-and-run lawyer in San Diego.
