Hit-and-Run Accidents Involving Cyclists and Pedestrians: How to File a Lawsuit

Cyclists and pedestrians are among the most vulnerable to severe injuries in traffic accidents. This is because, unlike drivers in larger vehicles like cars or trucks, they don’t have a protective structure around them to shield them from impact. A hit-and-run is particularly damaging, not only due to the potential injuries but because, in California, it’s a criminal offense.

Filing a lawsuit against a driver who hit you and fled can be challenging, as it can be difficult to identify the responsible driver. However, with the help of a bicycle accident attorney, various tools and strategies can be employed to locate the driver. These include:

• Vehicle Records: Authorities can provide information to identify the vehicle owner involved in the accident.
• Surveillance Cameras: Reviewing footage from security cameras in the area may capture the vehicle and driver.
• Witnesses: Statements from witnesses can provide clues about the driver’s identity.

In this article, we’ll go deeper into the legal steps you can take in a hit-and-run case, the timeframe you have to file a claim, how to pursue legal action, and what you, as a victim, can do to help identify the fleeing driver. For a free consultation, call (866) 721-5808. My Lawyer Markoffers services entirely in Spanish with a team of Latino professionals.

Hit-and-Run in California: Everything You Need to Know

What to Do If You’ve Been Hit and the Driver Flees

1. Seek Immediate Medical Attention: Your health comes first. Get medical help as soon as possible, even if injuries seem minor. Remember, serious injuries may take time to show symptoms.
2. Identify the At-Fault Driver: Gather as much information as possible about the driver and vehicle: license plate, make, model, color, and distinguishing features. The more details you can remember, the better.
3. Contact the Police: Report the accident to the police right away. Provide all the information you have and obtain a copy of the police report, which will be essential for your case.
4. Look for Witnesses: If anyone saw the accident, get their contact information. Their statements may be crucial to support your account of the incident.
5. Preserve Evidence: Keep all possible evidence, such as damaged clothing, photos of the scene, medical bills, and repair receipts. These items will support your claim.
6. Review Your Auto Insurance: Your policy may allow compensation for injuries even if the at-fault driver is uninsured. Check with your insurance provider.
7. Be Careful with What You Say: Avoid admitting fault or discussing your injuries without first consulting an attorney.
8. Seek Legal Advice: A personal injury attorney can guide you through this process, protect your rights, and help you obtain maximum compensation.

How to Find Evidence After a Hit-and-Run Accident

Several sources of evidence can help reconstruct the accident and pursue justice.

• Witnesses: Find people who may have witnessed the accident. If they agree to cooperate, collect their names and contact information. Their statements can be critical in backing up your version of events and providing details you may not remember.
• Surveillance Cameras: Many businesses, residences, and public buildings have security cameras that might have recorded the accident. Contact nearby property owners to request footage access. Even if the accident itself wasn’t captured, cameras may show the driver before or after the incident, aiding in their identification.
• Traffic Cameras: Busy intersections and streets often have traffic cameras monitoring vehicle flow. You or your lawyer can contact local authorities to request footage from the cameras in the accident area, which might reveal the vehicle and license plate.
• Business Records: Nearby businesses may have records of customers or employees who witnessed the accident or have relevant information. Speaking with managers or staff may yield valuable information.
• Your Own Memory: Despite the initial shock, try to remember any details about the accident. Descriptions of the vehicle, the direction it was heading, the driver’s appearance, or other distinctive features can be useful for the investigation.
• Other Drivers: If other drivers saw the accident, they may have helpful information, such as the vehicle’s license plate or the driver’s insurance company. Ask for their contact information and share yours with them.
• Social Media: The driver may have posted photos or videos on social media showing them at the accident scene or nearby around the time of the incident. Checking popular social media platforms for information on the accident and driver can be worthwhile.

Gathering Evidence

My Lawyer Mark, a California pedestrian accident lawyer, can help you organize and collect all potential evidence efficiently. They have the experience and resources necessary to investigate the accident thoroughly, increasing the chances of identifying the responsible party.

Filing a Hit-and-Run Lawsuit

The process of filing a lawsuit for a hit-and-run accident can vary depending on the jurisdiction. Generally, the steps involve:

• Filing the Claim: Your attorney files a formal complaint in the civil court, detailing injuries, damages, and the driver’s negligence.
• Discovery: Both parties exchange relevant information and evidence.
• Negotiation: An attempt is made to settle out of court, avoiding a trial.
• Trial: If no settlement is reached, the case goes to trial, where a judge or jury determines liability and damages.

If you win your case, you may receive compensation for:

• Medical Expenses: Covers all costs related to treating injuries, including hospitalization, medications, and therapy.
• Lost Wages: Compensates for income lost due to time off work caused by injuries.
• Pain and Suffering: Accounts for emotional distress and impact on quality of life caused by the accident.

Timeframe for Filing a Lawsuit

You have a two-year period from the accident date to file a lawsuit for a hit-and-run. This deadline is shorter than for regular car accidents due to the serious nature of the crime and the difficulty of identifying the at-fault driver.

There are some exceptions, such as being a minor at the time of the accident or if the at-fault driver was driving under the influence.

Taking action promptly is crucial. Valuable evidence may be lost, or the time limit for filing may expire if you wait too long. If you were hit and the driver fled, whether as a pedestrian or cyclist, call My Lawyer Mark at (866) 721-5808 for a free consultation in Spanish with Latino professionals.