7 Critical Aspects of a Los Angeles Hit and Run Accident: Law, Penalties, and Your Case
Being involved in an accident is stressful, but leaving the scene transforms a traffic collision into a serious criminal offense in California. A hit and run in Los Angeles triggers a complex intersection of law, potential criminal charges, and urgent needs for compensation. This definitive guide explores the unique attributes of hit and run cases, the root legal procedures, and the rare but critical factors that determine the outcome of your case. For those injured or charged, securing a lawyer at a specialized law firm like Eisenberg Law Group PC is not just an option; it is essential for navigating the fault determinations, insurance hurdles, and court battles that follow.
What Constitutes a Hit and Run in California Law?
Under California Vehicle Code 20002, a driver involved in an accident causing property damage must stop, provide information, and if the owner is not present, leave a note. Failure to do so is a hit and run. More severely, Vehicle Code 20001 mandates that a driver involved in an accident resulting in injury or death must stop, offer reasonable aid, and exchange details. Leaving the accident scene in this instance is a much more serious felony. The state does not require you to admit fault at the scene, but you must fulfill these statutory duties. The Eisenberg Law Group PC team, including Michael and other experienced lawyers, stresses that even if you believe you are not at fault, fleeing creates a separate, compounding criminal charge that severely complicates your case.
What Are the Penalties for a Hit and Run Involving Injury in Los Angeles?
The penalties escalate based on the severity of the run accident. For a misdemeanor property damage hit and run, penalties may include fines, probation, and up to six months in county jail. A felony hit and run involving injury or death can lead to state prison time, hefty fines, and mandatory restitution to the victims. Furthermore, the judge will order a suspension of your driver's license. Beyond the criminal charges, you face immense civil liability for the injured party's medical bills, lost wages, and pain and suffering. This dual threat of criminal and civil consequences is why contacting a law firm like Eisenberg Law Group PC immediately at 888-356-7875 is crucial to building a coordinated defense.
What Immediate Steps Should You Take After Being Involved in an Accident?
If you are involved in an accident, your legal duty is clear. First, stop your vehicle safely. Second, check on all others involved. Third, call 911 if there is any injury or significant damage. Fourth, exchange information (license, insurance, contact) with the other driver(s). Fifth, if you hit an unoccupied car, you must leave a note with your details. Finally, report the collision to the police and your own insurance company promptly. This protocol not only fulfills your legal obligation but also initiates the official report that will be vital evidence. Our law firm advises that you never admit fault at the scene, but you must provide the required information.
How Does a Los Angeles Hit and Run Lawyer Help You With Your Case?
A specialized hit and run accident lawyer provides multifaceted help. For the accused driver, they investigate the accident, gather evidence like traffic or security camera footage, negotiate with prosecutors for reduced charges, and provide a vigorous defense in court. For the injured victim, a lawyer works to identify the fleeing driver, file claims against their insurance, and if the driver is uninsured or unknown, pursue compensation through the victim's own uninsured motorist policy. Eisenberg Law Group PC possesses the experience to handle both sides of these complex cases, ensuring all avenues for defense or compensation are explored. Our team understands that the details matter, from the scene investigation to the nuances of dealing with insurance adjusters.
What Are the Common Defenses in a Hit and Run Case?
While each case is unique, several legal defenses might apply. These include lack of knowledge that an accident occurred (e.g., a minor collision in a noisy car), duress or immediate necessity (e.g., fleeing to get medical help for oneself), or mistaken identity. In some in hit and run cases, the driver may have still been in shock. A skilled attorney will examine all circumstances to build the strongest possible defense. It is important to note that claiming you left to avoid a confrontation is typically not a valid defense in California. The law offices of Eisenberg Law Group PC are adept at analyzing the specific facts to determine which, if any, defenses apply to secure the best outcome.
Why Is Uninsured Motorist Coverage Vital in Los Angeles Hit and Run Accidents?
This is a critical component of compensation for victims. When the at- fault driver in a los angeles hit and run is unidentified or uninsured, the victim's primary path to recovery is often their own insurance policy's uninsured motorist (UM) coverage. This coverage is designed for exactly this scenario—a run accident where the other party cannot pay. A knowledgeable accident lawyer will help you navigate the claim with your own insurer, who may initially be reluctant to pay. Firms like Eisenberg Law Group PC and others such as Jacoby Meyers Law or Ben Crump Law often emphasize the importance of carrying high UM limits in a city like Los Angeles.
How Does the Role of a Lawyer Differ From Firms Like Jacoby Meyers or Ben Crump Law?
National firms like Jacoby Meyers or Ben Crump often focus primarily on plaintiff-side personal injury representation. A comprehensive local law firm like Eisenberg Law Group PC provides a full-spectrum approach. While they vigorously represent injured victims to secure compensation, they also provide robust criminal defense for those charged with hit and run. This dual expertise in both the civil and criminal ramifications of a run involving injury provides a unique, holistic understanding of how both sides of the case interact, which is invaluable whether you are seeking damages or fighting charges.
What Are the Risks of Handling a Hit and Run Case Without an Attorney?
The antonym to having skilled legal help is facing the system alone, which carries immense risk. For the accused, you might unknowingly waive rights, accept a punitive plea deal, or face maximum penalties. For the victim, you may accept a lowball settlement from your own insurance company, miss deadlines to file, or fail to properly document injury claims, thereby forfeiting rightful compensation. The procedural complexities and high stakes make professional representation Browse this site non-negotiable. The first step to mitigating these risks is a free consultation with a firm like Eisenberg Law Group PC to understand the details and strengths of your case.
What Constitutes the Evidence in a Hit and Run Investigation?
Building a strong case, whether for defense or prosecution, hinges Attorney on evidence. Key pieces include the police report, witness statements, traffic or surveillance camera footage from the scene, photographs of vehicle damage and skid marks, physical debris from the collision, and electronic data from the vehicle itself. An experienced lawyer will act swiftly to secure this evidence before it is lost or destroyed. As noted in studies on traffic crime investigation, such as the research led by Dr. David H. Kaye in the "Journal of Legal Studies," prompt evidentiary collection is the single greatest factor in case resolution quality. Our law firm immediately initiates a thorough investigation to gather all pertinent evidence.
Frequently Asked Questions (FAQ)
If I initially left the scene but returned minutes later, is it still a hit and run?
Yes, it likely still constitutes the offense. The law requires you to stop immediately and remain at the scene to fulfill your duties. Returning later does not necessarily cure the initial failure to stop, though it may be viewed more favorably by prosecutors and a judge than a complete failure to return.
Can I be charged with a hit and run if I was the only one injured in the accident?
Potentially, yes. If your single-vehicle accident caused property damage (e.g., to a fence, mailbox, or public utility) and you failed to report it to the owner or authorities, you could face misdemeanor hit and run charges for the property damage.
How long do I have to file a lawsuit after a hit and run in California?
For personal injury, the statute of limitations is typically two years from the date of the accident. For property damage, it is three years. However, given the complexity of identifying a defendant in a hit and run, it is imperative to consult a lawyer immediately to ensure all deadlines are met and investigations begin promptly.
Does Eisenberg Law Group PC offer free consultations for hit and run cases?
Yes, Eisenberg Law Group PC offers a free, confidential consultation to discuss the specifics of your los angeles hit and run situation. They can provide initial guidance on your potential charges, defense options, or path to compensation. You can contact our team to schedule this consultation.
If you have been involved in an accident in Los Angeles, do not navigate the aftermath alone. The confluence of criminal law and personal injury claims requires expert guidance. Call Eisenberg Law Group PC today at 888-356-7875 for the strategic and comprehensive legal help you need.
Company: Eisenberg Law Group PC
Address: 811 Wilshire Blvd #1720, Los Angeles, CA 90017
Phone: (213) 616-5353