Hit and run accidents can leave victims feeling overwhelmed and unsure of where to turn. When a driver flees the scene without providing identification or assisting those who have been injured, it can complicate an already traumatic situation. In San Bernardino County, hit and run accidents are unfortunately not uncommon, and the aftermath often requires navigating medical care, insurance claims, and legal proceedings. Understanding your rights and what steps to take after a hit and run accident can be crucial to protecting your interests and obtaining the help you need. Below, we answer some common questions about hit and run accidents in San Bernardino County and discuss the options available for those affected.

What Is Considered a Hit and Run Accident?

A hit and run accident occurs when a driver is involved in a collision and leaves the scene without stopping to identify themselves or render necessary aid to anyone who might be injured. In California, drivers are legally required to stop after an accident, regardless of whether they believe they were at fault. This applies to accidents involving other vehicles, pedestrians, bicyclists, or even property damage. Failure to comply can result in serious criminal penalties, including fines, license suspension, and possible jail time.

Even minor accidents fall under hit and run laws if a driver leaves without providing contact information. Victims of hit and run accidents can face additional challenges because they often must deal with injuries or property damage without knowing who caused the harm.

What Should You Do After a Hit and Run Accident?

If you are involved in a hit and run accident, it is important to remain calm and take specific steps to protect yourself.

First, make sure you are safe and seek medical attention if necessary. Calling the police to report the accident is critical because an official police report can be valuable evidence later. If you are able, try to record any details about the fleeing vehicle, such as the make, model, color, license plate number, or any distinguishing features. Witness statements can also play an important role, so gathering contact information from anyone who saw the accident can be helpful.

After reporting the accident, you should also notify your insurance company. Depending on your coverage, you may be eligible for compensation through uninsured motorist provisions in your policy, which can help cover medical expenses, vehicle repairs, and other damages resulting from the hit and run.

How Can You Identify a Hit and Run Driver?

Identifying a hit and run driver can be difficult, but it is not impossible. Law enforcement will typically investigate the accident, and evidence like surveillance footage, witness statements, and vehicle debris left at the scene can help track down the responsible party. Additionally, some cities, including areas within San Bernardino County, have traffic cameras that may capture footage of the accident or the fleeing vehicle. In some cases, private businesses or residential security systems near the accident scene may also provide useful video evidence. Even if the driver is not immediately identified, continuing working with law enforcement and stay involved in the investigation – this can improve the chances of holding the responsible party accountable.

What Types of Damages Can You Recover After a Hit and Run Accident?

Victims of hit and run accidents may be entitled to recover a variety of damages. These typically include medical expenses for injuries sustained in the crash, lost wages if the injuries prevent a victim from working, and the cost of repairing or replacing damaged property. Pain and suffering, emotional distress, and other non-economic losses may also be compensable in certain cases. When the hit and run driver cannot be found, victims may turn to their own uninsured motorist coverage, if available, to recover damages. It is important to understand that insurance companies may still attempt to minimize payouts, so having knowledgeable legal guidance can help protect your rights and pursue fair compensation.

Are Hit and Run Accidents Criminal or Civil Matters?

Hit and run accidents can involve both criminal and civil matters. ‘Criminal’ charges may be brought against the fleeing driver for violating California’s vehicle code, and these charges can lead to fines, jail time, and license suspension. Separate from criminal proceedings, victims have the right to pursue a civil claim for damages. ‘Civil’ claims are focused on compensating the victim for their losses rather than punishing the wrongdoer. Whether or not criminal charges are filed, victims can still seek compensation through a civil lawsuit or an insurance claim.

What Happens if the Hit and Run Driver Is Never Found?

It is not uncommon for hit and run drivers to go unidentified, even after an investigation. In such cases, victims may still have options for financial recovery. Many auto insurance policies include uninsured motorist coverage, which can apply to hit and run accidents. If you have uninsured motorist coverage, you can file a claim with your insurance company for your injuries and damages. However, navigating uninsured motorist claims can sometimes be complex, and insurance companies may attempt to limit what they pay. In situations like this, it can be important to have legal support to ensure your rights are fully protected.

How Long Do You Have to File a Claim After a Hit and Run Accident in California?

In California, the statute of limitations for filing a personal injury lawsuit after a car accident, including a hit and run, is generally two years from the date of the accident. If you are pursuing a property damage claim only, the time limit is typically three years. If you are filing a claim with your own insurance company under an uninsured motorist policy, your policy may have its own time limits and procedures you must follow, which are often much shorter. It is important to act quickly and consult with someone familiar with the process to avoid missing critical deadlines.

What if You Were Partially at Fault for the Accident?

California follows a system of comparative negligence, which means that even if you were partially at fault for the accident, you may still recover compensation. However, any damages awarded to you may be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your total recovery would be reduced by 20%. Establishing the details of the accident and presenting evidence clearly can play an important role in minimizing any findings of fault against you.

Why Is Legal Help Important After a Hit and Run Accident?

Handling the aftermath of a hit and run accident can be particularly challenging. In addition to the usual concerns about injuries and vehicle repairs, victims face the uncertainty of dealing with an unknown driver and complex insurance issues. Insurance companies may not always offer fair settlements, even when coverage is available under uninsured motorist policies. Seeking assistance from legal professionals can help ensure that your rights are protected and that you explore all avenues for compensation. Building a strong case supported by evidence, documentation, and negotiation strategies can make a significant difference in the outcome.

The San Bernardino County Hit and Run Accident Lawyers at Lerner Moore Silva Cunningham & Rubel Defend the Rights of Injured Hit and Run Victims

Hit and run accidents create unique hardships for victims, from physical injuries to financial burdens and emotional distress. Knowing your rights, taking appropriate steps after an accident, and pursuing compensation through every available avenue can help ease the path to recovery. If you or a loved one has been affected by a hit and run accident, the San Bernardino County hit and run accident lawyers at Lerner Moore Silva Cunningham & Rubel are committed to helping you navigate the legal process and advocate for your best interests. Call us today at 909-889-1131 or fill out our online form for a free consultation. With our offices located in Ontario and Victorville, California, we proudly serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.