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Dealing With Accident Aftermath: Tips For Handling Hit And Run Charges

17 March 2015

Alexis Garcia

Hit and run charges can be difficult to fight in court. To have your best chance at success, you'll want to work with an auto accident lawyer with expertise in these types of cases. In many hit and run situations, you may be automatically considered at fault because you left the scene. If you contact your insurance company for repairs after leaving the scene of an accident, the police can use your insurance claim as evidence to file charges. Here are some tips that may help you build a solid defense against a hit and run charge or avoid charges completely.

Defending Against A Hit And Run

A hit and run is a serious offense. In most cases, you will have to show evidence that causes the court to doubt that you were on the scene and involved in the accident. This is only an effective option if there is no physical evidence connecting you to the accident scene.

If there is evidence that physically connects you to the accident scene, you'll have to convince the court that you were not at fault. Although this won't necessarily prevent the courts from charging you for leaving the scene, it may at least prevent you from being held liable for the accident or charged with endangerment.

Accident Reconstruction

Working with an accident reconstruction expert may allow you to provide professional evidence that you were not at fault for the accident. In some cases, reconstruction can show that there were extenuating circumstances contributing to what happened. If the reconstruction team shows that you did not directly cause the accident, it could help reduce the charges.

Civil Case Defenses

Civil cases are handled differently than those heard in a criminal courtroom. If you're facing a civil trial, you will likely face a financial determination, such as an order to pay restitution to each of the victims. Civil cases don't come with criminal repercussions, and you can be found responsible in a civil trial even after being acquitted in a criminal hearing. If you're found guilty in a criminal trial, that finding could be used against you as part of a civil case as well.

Avoiding Hit And Run Charges

After an accident, most states require you to stop at the scene right away, or at least as close to it as safely possible. You'll need to exchange your name and insurance company information with the other people involved so that they can reach you and know who your insurance carrier is. Failing to follow these steps may result in charges for leaving the scene of an accident or obstructing justice.

If the accident doesn't involve another driver but instead results in damage to someone else's property, make sure that you make a reasonable and sincere effort to find the owner. If you cannot locate the owner, leave your contact information in a clear and conspicuous place at the scene so that the owner will find it. You should also make a point to reach out to the local police department and file a report. Doing this will ensure that there's record of your involvement so that it isn't considered a hit and run.

Panic and shock can be difficult to manage. If you leave an accident scene in a rush of panic or out of fright, the first thing you should do is go to the nearest police department. With the widespread access to video surveillance as well as eyewitnesses and detailed forensics, the chances of getting away with leaving an accident scene are slim. Just remember, although you have to report the accident, you're not legally obligated to accept fault in the accident.

Whether you're talking with law enforcement officers on the accident scene or after it has been cleared up, always have legal representation. Talk with an auto accident attorney if you have any reason to be concerned about hit and run charges so that you can be fully prepared with a reasonable defense.

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