Are you grappling with the aftermath of a hit-and-run accident in California? The path to recovery includes understanding potential compensation for victims and the legal avenues available for claiming it.
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What is a Hit-and-Run in California Law?
In California, a hit and run occurs when drivers flee the scene of an auto accident without identifying themselves to the other party or parties involved. This is despite knowing that they have caused damage, injury, or death.
Abandoning the scene of the accident you caused is illegal under California Vehicle Code 20002 and 20001, which require drivers involved in accidents to stop, provide their contact information, note license plates, and offer assistance if needed. Failing to comply with these regulations can result in misdemeanor or felony charges.
In the context of personal injury, a hit-and-run can be devastating for victims. Not only are they not at fault in the accident, they have to deal with the resulting physical and emotional trauma. Victims also face financial burden from medical bills, lost wages, and property damage.
Fortunately, California law provides avenues for victims to seek compensation even if the at-fault driver flees the scene. Victims can file a claim with their own auto insurance company under their uninsured motorist coverage or pursue a civil lawsuit against the responsible party.
Where Do Hit and Run Car Accidents Usually Happen?
Hit-and-run accidents frequently occur in densely populated urban areas where drivers may feel they can easily disappear into the flow of traffic.
Areas with complex intersections, limited signage, or inadequate street lighting also see higher rates of such incidents. Parking lots and residential streets are not exempt, as drivers may hit parked cars and leave the scene without reporting the collision.
Even school zones and pedestrian-heavy areas can see hit-and-run accidents, as drivers may panic and flee after striking someone. Other instances of hit and run cases involve drunk drivers, many of which end up with a wrongful death case.
Hit-and-Run Compensation:
Average Settlement Amounts for a California Hit and Run Victim
California hit and run victims have the right to seek compensation for their injuries and damages.
This includes the right to file a personal injury lawsuit against the unknown driver once identified, or to claim under uninsured motorist coverage if the driver remains unidentified. With the help of an experienced personal injury attorney, families of victims who have suffered fatal outcomes may be able to pursue a wrongful death claim.
Compensation in hit-and-run cases aims to cover:
- Medical Expenses: Immediate and long-term medical treatment costs.
- Lost Wages: Income lost due to inability to work following the accident.
- Property Damage: Costs to repair or replace damaged property, including vehicles.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Punitive Damages: To punish the wrongdoer and deter similar behavior.
The amount of hit and run compensation varies widely. Settlements depend heavily on the specifics of each case, such as the severity of the injuries and the clarity of the fault.
Generally, minor cases with less severe injuries might see compensation from $15,000 to $25,000, whereas severe injuries that disrupt one’s life and work can secure settlements that climb well into six figures or more.
Accident Settlements:
Factors That Can Affect Hit and Run Compensation
Several elements influence the potential compensation for hit-and-run victims:
- Severity of Injuries: More serious injuries usually result in higher compensation due to increased medical costs and extended recovery times.
- Available Evidence: Strong evidence that helps establish the details of the incident supports a stronger claim.
- Insurance Policy Limits: The amount recoverable can be limited by what the victim’s and at-fault party’s insurance policies will cover.
- Quality of Legal Representation: A skilled accident attorney can greatly influence the payout received through skilled negotiation and thorough case preparation.
Examples of Hit-and-Run Accident Payouts
Below are three scenarios illustrating how hit and run compensation can differ based on these factors:
Minor Injuries and Clear Fault
In cases where the injuries are minor — such as minor whiplash, small cuts, or bruises — and fault is clearly on the hit-and-run driver, compensation typically ranges from $15,000 to $25,000.
This range generally covers immediate medical costs, minor car repairs, and a modest amount for pain and suffering. The lower end of the compensation spectrum reflects the lesser impact on the victim’s overall life and health.
Moderate Injuries with Partial Fault
When the injuries are more significant, such as broken bones or moderate concussions, but there is a question of partial fault between the parties involved, compensation amounts can vary more significantly. Hit-and-run car accident settlements might range from $30,000 to $75,000.
This compensation is intended to cover more extensive medical attention, potential lost wages during recovery, and greater pain and suffering. The presence of partial fault can reduce the compensation amount through California’s comparative fault rules, where the victim’s compensation is reduced by their percentage of fault in the accident.
Severe Injuries with Clear Fault
In scenarios involving the likes of spinal injuries, traumatic brain injury, or permanent disabilities where the hit-and-run driver is clearly at fault, hit and run compensation amounts can escalate well into six figures.
Settlements in these cases can range from $100,000 to several hundred thousand dollars, depending on the specifics. Such high compensation is meant to address extensive medical and rehabilitation costs, long-term or permanent loss of income, profound pain and suffering, and often, lifestyle adjustments and long-term care.
Through these examples, the presence of an accident lawyer is critical. An accident lawyer can help you build a strong case, gather evidence, and negotiate with insurance companies on your behalf. While victims and their families CAN file a claim without legal help, a car accident and injury attorney can ensure that you receive full and fair compensation.
Get Max Compensation After a Hit-and-Run in California. Call Our Personal Injury Lawyer Now.
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If a hit-and-run accident has affected you or a family member, get help immediately.
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