How to file a Hit and Run accident case

BusinessLegal

  • Author Hazel Joy Crizaldo
  • Published July 16, 2010
  • Word count 460

When a vehicle hits on a pedestrian and the driver did not stop or identify himself to help the offended party - that is a case for hit and run.

Among the accidents, a hit and run accident is perhaps more tragic than other accidents; because the victim’s family often has to deal with questions on the plight of their loved one/s.

Hit and run offenders face stiffer penalties in court who are often charged with longer sentences and more or heavier compensation, including punitive damages in some instances. The State penalizes all vehicle drivers and owners guilty of hit and run.

Hit and run happens mostly in remote areas or road with fewer stores and people around. The offender gets the notion that he or she can get away with the crime and hide.

National television often features road scenes with seriously-injured victims or pedestrians left on the road. Such news stories report the families’ anguish and rage over the offenders.

Pedestrians are mostly the victims of hit and run involving mostly car, SUV, and truck drivers as the offenders.

Common injuries can be:

• Head or brain injury

• Bone fracture

• Rib or spinal cord damage

• Limb or lung injury

• Death

If the victim dies, the family can petition for wrongful death lawsuit. If the offender refuses to come out and identify himself after several attempts, he or she can be charged with vehicular homicide.

California's Vehicle Code, Section 2002 "Hit and Run" section states that the driver should stop at the nearest and safest place, which will not cause further harm to other motorists, plus identify himself or herself to the offended party. However, doing this will not influence the fault.

The driver should disclose his/her name, address, registration certificate, and driver's license. Failure to abide with the law shall be penalized with imprisonment or fine of $1,000 max. False or misleading information shall also be penalized by the law.

Even if the driver does not notice the offended in situation of blunder, extreme weather condition, personal emergency reason, darkness, or other extreme road condition; he or she can still be charged with hit and run offense.

The family of the injured or victim should consult a Los Angeles Hit and Run attorney to file the lawsuit immediately. Police investigation report and search warrant will speed up the process of the case. Medical abstract and hospital fees documents should be kept for remuneration claims.

Expenses such as medicines, treatment and therapy, and supplies pertinent to the recovery of the injured victim can be remunerated. Consulting a professional lawyer can help you in identifying the offender. The Tort Law enforces the full rights of the offended. Make a wise move in claiming you or your loved ones’ rights today.

Consult with our skilled Los Angeles hit and run attorneys to help you deal with issues involved in a hit and run accident case. Visit our website and avail of our free case evaluation.

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