How can a hit and run accident lawyer help with a case?
A hit and run is a criminal case that is imposed on any driver that leaves the scene of an accident without fulfilling all the traffic requirements as prescribed by law.
I may not know where you are reading this article from, but I am sure the law in your area of jurisdiction requires you to stop at the scene of an accident, right?
Here in the USA, hit-and-run has been on the rise. According to some data available today, 5-10% of the traffic fatalities here in the USA are due to hit-and-run accidents.
Once you are convicted for leaving the scene of an accident charge, you should get prepared to battle the possible penalties of a hit and run.
Some of the penalties of a hit-and-run are jail time, prison time, fines, suspension/revocation of your driver’s rights, and additional civil actions.
I know a friend in California who was sentenced to 14 years in prison and paid a fine of $25,000.
Because of this serious and severe punishment of a hit and run, hiring a hit and run legal officer to save you from trouble should always be a priority. You do not want to spend the rest of your life in prison, right?
If you were looking for a quick answer, know that:
A hit and run accident lawyer can help by investigating the accident, providing legal guidance, communicating with insurance companies, maximizing compensation, and providing legal representation.
The hit-and-run lawyer can gather evidence, assess your situation, negotiate with insurance companies, and advocate for your rights in court.
Recommended reading: How long after a hit and run accident can you be charged?
Their expertise and support can greatly benefit victims of hit and run accidents, helping them navigate the legal process and seek the compensation they deserve.
In case, you were not decided to hire a car accident attorney or a defensive criminal case following this serious charge, read this article before you make your final decision.
Page Contents
Understanding Hit and Run Accidents
Just like I said earlier in this article and in many other articles on this site, leaving or fleeing the scene of an accident should never be your option.
Many drivers choose to flee the scene of an accident just because of another traffic violation only to complicate the case.
Recommended reading: Do you pay taxes on personal injury settlements?
“You could choose to flee the scene of an accident just because of driving unlicensed, driving under a DUI, currently battling other offenses, etc. But, remember you will have complicated your life if leave the scene of an accident,” remarks ALAN P. RIFFEL, an attorney in California.
“Hit and run penalties in the USA vary depending on the state and circumstances of the accident. A felony hit and run can result in fines of up to $20,000 and up to 15 years in prison, while a misdemeanor can result in a fine of up to $5,000 and up to one year in jail”, says DENNIS J. SHERWIN, a car accident attorney in Los Angeles.
Though, Attorney Denis J. Sherwin says as above, according to my research, some states heavily punish hit-and-run drivers. For instance, some states charge a fine of close to $50,000 and a maximum prison time of up to 25 years.
Role of a Hit and Run Accident Lawyer
According to my research, only about 3-4% of personal injury cases, including car accident cases, go to trial. However, Industry estimates suggest that up to 95% of car accident cases settle out of court.
Whether you are the accused hit and run driver, or you are the victim, you all need the services of a car accident lawyer, more especially the legal officer that is more experienced in handling hit and run cases.
The following are some of the roles of hit and run accident lawyers I managed to compile for you.
1. Establishing legal responsibility. One of the steps of getting compensated is proving liability in any car accident conflict.
If you are the victim, you must prove that the hit and run driver caused the accident or knew the accident happened and chose to flee the scene. You must produce the required pieces of evidence to stand a chance.
If you are the driver being accused, you must prove to the jury you did not cause the accident. You may also need to prove you were not aware the accident took place and other defenses.
Hiring a hit and run lawyer for the victim, and a criminal defense attorney should work in your favor.
2. Providing legal representation. If I may ask you, do you understand 20% of traffic laws in your area of jurisdiction? well, the answer will most likely be a no!
Hit and Run Criminal Defense Lawyer or Hit and Run Personal Injury Lawyer will help you by representing you in courts of law or during negotiations with insurance companies.
3. Working with the police. Your hit and run lawyer has the best expertise and knowledge to work with police to find the hit-and-run lawyer. The Hit and Run Accident Injury Lawyer can guide the police on how best to find the at-fault person.
4. Explore legal options. Your Hit and Run Accident Litigation Lawyer understands your state’s traffic laws in and out. The legal officer will help understand your case or charges, and help you understand all possible legal options.
5. Investigating the crash. Hit and Run Accident Attorneys are the best investigation officers. They know the rightful pieces of evidence that will “turn the tables” as far as the hit and run case is concerned.
Seeking Compensation
Financial and legal concerns are one of the most worries of a hit and run victims following the event. Other worries of the hit-and-run victim are probably frustration and mental issues.
According to civil rights, no person should suffer injuries/losses at the expense of another’s negligence, maliciousness, or evil actions.
If you were injured in the accident or suffered losses, you may have a strong civil action against the negligent person/driver.
You have a right to file your compensation claim against the at-fault party’s insurance company or your insurance company.
Recommended reading: Car Accident Settlement Process: Timeline, Demand Letter, and Payouts
You have a right to claim damages like medical bills, emotional distress, lost wages, disability, and pain and suffering. The at-fault driver also owes you compensation for your vehicle damages.
Legal Process and Deadlines
Just like any other personal injury case lawsuit, you must file your lawsuit within a certain period. We call this statute of limitations.
The statute of limitation for car accident conflict and other personal injuries differs from one area of jurisdiction to another. Below are examples of variations in the statute of limitations for 4 different states.
1. In Montana, the car accident victim has up to 3 years to have filed a personal injury lawsuit. In the same jurisdiction, the statute of limitations for property damage lawsuits is 2 years.
2. In Nebraska, 4 years is the statute of limitations for car accident events like personal injuries and property damages.
Remember, the victim loses the right to sue once the statute of limitations period is gone.
3. In Nevada, you have 3 years to file a civil claim for your personal injuries. You should have also filed a property damages lawsuit by the end of 2 years following the accident.
4. In Texas, accident victims have up to 2 years as their statute of limitations to file civil actions for both personal injuries and or property damages.
Case Studies and Success Stories
Of course, I have no law firm. The following cases gotten from RONALD FEENBERG, a car accident lawyer in Los Angeles. Below are examples they narrated to me.
Case Study 1:
“Our client was crossing the street when they were struck by a car. Our client suffered catastrophic injuries as a result of the motorist fleeing the scene”, says RONALD FEENBERG.
“We were able to track down the driver and accuse them in court. A settlement of $500,000 was given to our clients as compensation for their medical costs, lost wages, and suffering”, said Ronald.
Case Study 2:
“Our client was driving on the highway when another driver hit their car and fled the scene. Our client suffered from whiplash and a concussion”, said Ronald.
“We were able to locate the driver and file a lawsuit against them. Our client was awarded a settlement of $250,000 for their medical expenses, lost wages, and pain and suffering”, continued Ronald.
Success Story:
This story was told to me by WILLIAM M. GREWE, a car accident lawyer in California.
“Our client was a victim of a hit and run accident that left them with severe injuries and mounting medical bills. We were able to locate the driver and file a lawsuit against them”, says William.
“Through our negotiations, we were able to secure a settlement of $1 million for our client, which covered their medical expenses, lost wages, and pain and suffering.
Our client was able to move on from the accident and focus on their recovery without the burden of financial stress”, concludes William.
Choosing the Right Hit and Run Accident Lawyer
A sick person needs the best doctor possible. This is the same as when you are injured or suffered losses out of someone else’s negligence.
If you asked my opinion, I would list the following as 5 qualities of a hit and run accident lawyer.
1. Experience. I don’t need to explain this more, right? would you really trust your multimillion-dollar case to some attorney that came 1 month ago from college?
2. Compassion. You better reduce your expectations If your hired hit and run the legal officer does not understand the pain you are going through.
3. Passion for their work. Are there lawyers that do not like their jobs? well, maybe. A passionate lawyer will fight for you till the last minute.
4. Communication skills. This is key in any lawyer-client relationship. I would love my lawyer to explain to me in an easy way the complex legal terms. I would also love my lawyer to keep me updated as far as the progress of the case is concerned.
5. Success rate. If the lawyer you just hired has never won a hit-and-run case, you should be 100% sure he/she will fail your case too. I would go for the lawyer with the highest success rate.
Conclusion.
A hit and run accident lawyer can help establish responsibility, provide legal representation, seek compensation, navigate the legal process, and negotiate settlements.
Your accident legal officer makes the process pain-free, just like finding a great attorney or watching a disaster movie with stock characters.
Source:
1. Ben, Crump. (Dec 2022). Hit and Run Accident Lawyers. bencrump. https://bencrump.com/car-accident-lawyer/hit-and-run/
2. Morgan & Morgan. (Jan 2023). Hit and Run Car Accident Lawyers. forthepeople. https://www.forthepeople.com/practice-areas/auto-accident-attorneys/hit-and-run-accident/
3. Michael, Morgan. (23 Feb 2023). Qualities of a Car Accident Attorney. mdkattorneys. https://www.mdkattorneys.com/9-qualities-of-a-top-car-accident-attorney-and-the-importance-of-the-profession/
4. David, Goguen. (Jan 2022). How an Attorney Can Help With Your Car Accident Claim. nolo. https://www.nolo.com/legal-encyclopedia/how-attorney-can-help-with-your-car-accident-claim.html
