Are Hit-and-Runs Hard to Prove?

In criminal court, hit-and-runs are hard to prove. The burden of proof is beyond any reasonable doubt. Usually, little evidence is available. Additionally, police investigators must follow strict procedural rules. But in civil court, hit-and-runs are not hard to prove. The burden of proof is only a preponderance of the evidence (more likely than not). So a little evidence goes a long way. Plus, the aforementioned strict procedural limitations don’t apply in civil court.

The burden of proof is only one difference between civil and criminal court. Prosecutors represent the state and punish offenders. But a Carlsbad personal injury lawyer represents a victim and obtains compensation for injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Proving Hit-and-Run in Court

The elements of criminal and civil hit-and-run are identical. A party to an accident must leave the scene of that accident before exchanging required information with the other party.

Criminal prosecutors must prove that the defendant was behind the wheel at or near the time of the wreck. Such proof often isn’t available. If a credible eyewitness at the scene got a good look at the driver, that person probably wouldn’t have run away.

Occasionally, investigators follow a trail of circumstantial evidence that leads them to a certain person. Investigators must preserve Fourth and Fifth Amendment rights during this process.

Civil court is much different. Frequently, a Carlsbad personal injury lawyer only needs a witness who got a vague look at the vehicle (light-color SUV) and a partial plate number (ending in SD). A lawyer, or a private investigator, uses those crumbs of evidence to locate the vehicle’s owner. It’s more likely than not that the owner was driving the vehicle at any particular time.

Additionally, the Fourth Amendment’s limitation on searches and seizures and the Fifth Amendment’s interrogation limits don’t apply in civil court. For example, criminal investigators probably need a search warrant to snoop around at a body shop, but civil investigators only need the owner’s permission.

The Resolution Process

The proof process is very different in civil and criminal court, but the resolution process is similar in both forums.

Most criminal cases settle out of court. Usually, prosecutors and defense lawyers negotiate behind closed doors and agree on a resolution that usually includes a reduced sentence and/or lesser charges. If settlement negotiations break down, the case usually goes to trial.

Most personal injury cases also settle out of court. However, the nuts and bolts are different. Most civil cases settle during mediation. This process is much more open and a professional mediator ensures that both sides negotiate in good faith. This good faith negotiation duty often means that two sides who seem hopelessly far apart compromise on a final settlement.

A civil court settlement is usually final in every sense of the word. Once a personal injury case settles, it’s almost impossible to reopen it. That’s the main reason a Carlsbad personal injury lawyer approaches the settlement process so deliberately. If a case settles too quickly, the victim nearly always settles for less.

Count on a Diligent 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.