Car Accidents Archive

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Hit and Run Claims in Personal Injury Law


devastating smash up

Weinstein L.A. auto accident lawyer

Motor vehicle accidents happen on a daily basis, but when it is a hit and run crash it can be devastating and frustrating. This is a collision where a driver flees the scene, no matter what harm they have caused and the other driver is unable to exchange any information like driver’s license numbers or insurance companies. The driver that leaves the scene of an accident is criminally negligent and the victim who has been hit under the law has a claim against this reckless driver in civil court.

When a driver is struck by another vehicle that leaves the scene and does not return they should call the police and if necessary get medical help. Police arriving at the scene will take all the information the driver knows about how the accident occurred, if they know the type of vehicle and color that left the scene, while it is fresh in the mind of the victim and any witnesses. Medical personnel responding to the scene will assess any injuries at the scene and damages to the vehicle will be examined by police officers.

If the harm that has been sustained is serious the victims will be transported to the hospital for treatment. Police will determine the point of impact, the roadway for skid marks and debris that may be used as evidence. They will look for any damage done to traffic signs, sidewalks, hydrants and other items that may be located at the scene. Then they will attempt to reconstruct the crash using the evidence they have gathered that may help in identifying the driver who left the collision.
When the driver is located by police they will generally face criminal charges in the hit and run accident, which will be pursued by the prosecutor.

The victims of the collision have the legal right to pursue a civil case against the negligent driver. This should be done with the assistance of a personal injury attorney, since these types of claims can be complex and when the victim has a viable case the legal advocate can ensure the victim recovers the financial compensation they deserve. This is a legal action that may not require going to civil court, but a negotiated settlement may be able to be reached with the hit and run driver’s insurance company for the criminal act that resulted in injuries and damages.