Legal Options in Hit-and-Run Accident Claims
Hit-and-run laws vary significantly in different jurisdictions. California’s unusually weak hit-and-run law contributes to the high number of hit-and-run accidents in the Golden State. Many jurisdictions require drivers to call 9-1-1, assist victims, and/or remain at the scene until first responders release them. But California drivers must only stop (or really pause) and give a name and address. This information is obviously very easy to fake.
Since law enforcement investigators frequently must start with a phony name and address, they quickly drop these investigations. They simply require too much work for what many officers consider a civil matter. But a Carlsbad personal injury lawyer doesn’t give up easily. Even if practically no evidence is available at the scene, a lawyer can usually obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
UM/UIM Claim
Sometimes, a Carlsbad personal injury lawyer doesn’t have to prepare a court case to obtain the aforementioned compensation. An uninsured/underinsured motorist claim might be available.
Frequently, UM/UIM policies are gap insurance. If Joe’s damages are $100,000 and the tortfeasor (negligent driver) has a $50,000 policy, Joe’s UM/UIM policy might pay $50k, depending on coverage limits and a few other factors.
UM/UIM policies are also full-accident insurance policies. If no other source is available, the UM/UIM policy pays all damages, once again depending on coverage limits and a few other factors.
A third party, like an employer, may be the financially responsible party in an accident. For example, employers are usually liable for damages if their employees negligently cause injuries during the course and scope of their employment.
Uninsured/Underinsured claims often settle quickly, and on victim-friendly terms. The insurance company wants to keep its paying customer happy.
Tracking Down the Tortfeasor
Fundamentally, a personal injury case isn’t about money. It’s about holding people responsible for the mistakes they make. That’s typically possible in hit-and-run claims. An attorney, frequently working with a private investigator, has a number of tools and strategies available, such as:
- Finding Additional Witnesses: For various reasons, many people don’t loiter at accident scenes and give official statements to police officers. For example, if Leon only saw part of a crash, he might not believe his testimony is important. A witness might have only seen part of the crash. But that statement could be the critical missing piece of the puzzle.
- Reviewing Electronic Evidence: At least one surveillance or other camera usually covers almost every intersection in San Diego County. A camera a few blocks from the scene might record the license plate number of a vehicle with certain damage. That’s usually enough proof to nail the tortfeasor. More on that below.
- Staking Out the Area: Few things are more boring than sitting someplace and watching traffic for six or eight hours. But a dog usually returns to its vomit and a criminal usually returns to the scene of the crime. Extended stakeouts often pay off with concrete evidence that can be used in court.
The burden of proof in civil court is only a preponderance of the evidence (more likely than not). So, a little evidence, such as the weak circumstantial evidence mentioned above, usually goes a long way.
Work With a Hard-Hitting San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20002.&lawCode=VEH
