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Liability and Damages in Irvine Hit and Run Injury Cases
Involved in a hit and run accident in California? The following is what you should know regarding liability and damages before filing a claim. Call and schedule a consultation with a Irvine hit and run accident lawyer to learn more.
Liability in Hit and Run Accidents
A hit and run accident when the injured party does not know the identity of the adverse negligent driver who caused the collision. This is going to become an uninsured motorist case and the injured victim needs to prove the case to their own insurance company. Now one very important factor is that under California law in order to have an uninsured motorist claim (UM Claim) there has to be contact with the other vehicle. The driver who is negligent and caused the collision actually has to hit the other vehicle. Now one very important factor is that under California law in order to have an uninsured motorist claim (UM claim) there has to be contact with the other vehicle. The driver who is negligent and caused the collision actually has to hit the other vehicle. The negligent driver cannot simply cut off the other car causing it to run off the road. There has to be contact with the other vehicle under California law.
Recovering Damages in Hit and Run Cases
In a hit and run case the damages are generally going to be the same as in most vehicle accidents where the parties remain at the scene and exchange their license and registration information. The damages regarding compensation will be set forth in various categories. These will include the nature and extent of the injuries, the medical expenses the injured plaintiff incurs for medical treatment surgery, or orthopedic treatment. When the injured party is out of work for a certain amount of time, there will be a loss of earnings. The injured party will also have a claim for damages, including:
- Pain and suffering
- Emotional distress
- Hospital, doctor, and other medical bills
- Damage to the vehicle caused by the other driver
Punitive damages will not be collectible in a hit and run uninsured motorist case, since insurance coverage will not pay punitive damages. Punitive damages are meant to deter egregious types of conduct such as a drunk driving. In a drunk driving situation, the adverse driver was negligent by drinking too much alcohol or being under the influence of drugs.
In a hit and run scenario, since the identity of the adverse negligent driver is unknown, then there would not be an opportunity to prove that they were intoxicated or impaired; However an uninsured an uninsured motorist hit and run case still allows the injured plaintiff the opportunity to be compensated for their injuries, damages and loss of income.
Steps To Take If Involved in a Hit and Run Accident
The injured party should immediately contact a qualified lawyer who handles motor vehicle accidents in California who has the requisite experience and track record for obtaining the best results for clients. You want to retain the right lawyer as soon as possible because the investigation that needs to be done within a few days of the collision is extremely important. If possible, the attorney will need to try and identify the adverse driver, interview any witnesses that are available to establish fault and proceed accordingly. Retaining the right lawyer is the first step and then that lawyer will begin the investigation and interview of witnesses. The goal and objective is to ultimately obtain the maximum compensation for the injured client.
After a hit and run collision, the injured plaintiff should seek all appropriate medical attention, whether immediately transported by ambulance or follow up with a primary care or family doctor. An injured driver should follow the recommendations and see the appropriate specialist if required. The most important steps of the physician after a hit and run accident or any motor vehicle accident in California would be to retain a qualified attorney and obtain all appropriate medical treatment based upon the injuries and what the physician recommends.