Statute of Limitations Hit and Run – Know Your Rights
Organizations that analyze traffic on an annual basis and provide statistics on this subject do not have good news for Los Angeles. This city is rapidly climbing the list of the least safe cities when it comes to traffic. Traffic accident statistics are so bad that Los Angeles ranks among the top 10 cities with the highest percentage of traffic accidents.
Traffic accidents include car accidents, truck accidents, and pedestrian accidents, as well as accidents involving smaller vehicles, such as motorcycles and bicycles. The situation is alarming for the people who live in this city because the safety of the streets is significantly compromised, both for drivers and pedestrians.
The city authorities are trying to improve the situation with all the safety measures they implement in the traffic law. The question arises as to what leads to those troublesome numbers when the state and competent authorities are doing everything in their power to ensure conditions for safe driving. However, the greatest responsibility lies at the individual level, i.e. individuals with their reckless driving do not help this city to recover and improve the statistics of traffic accidents. And when it comes to the personal responsibility of individuals who participate in a traffic accident, one of the worst examples of negligent behavior is a hit and run situation. In the rest of the text, learn more about this act in a traffic accident and get all the answers if you find yourself in such a situation.
What is a Statute of limitations for Hit and Run cases?
Before we move on to defining the Statute of limitations hit and run cases, let’s first define what a case under the law is called a Hit and Run case.
Namely, as it was said, the negligent behavior of individuals in traffic is a big problem we are facing. It is an even bigger problem and an even more negligent act when an individual is not ready to take responsibility for his bad behavior in traffic. The Hit and Run case refers to all situations when at least one party who is a participant in a traffic violation, or a violation resulting in material damage, flees from the scene of the accident without leaving any trace. These are all those situations when one party (most often the guilty party) disappears from the scene of the accident without first exchanging any information with the other party (most often the injured party). In other words, this refers to the situation if one party of the accident:
- didn’t exchange any information about the accident with the other party;
- didn’t leave any personal information;
- didn’t wait for the police to identify him;
- didn’t wait for the police investigation that determines the damage and makes a conclusion in the case in general.
Since this case is regulated by law and therefore, the injured party is encouraged to seek legal help in order to resolve the case and compensate for the damage. California Vehicle Code Section 20002 VC treats such a case, known as a hit and run offense, as a felony with defined sanctions for the party found guilty.
The statute of limitations hit and run refers to the maximum period of time in which an injured party can file a lawsuit for damages caused by a participant who fled the scene of the accident. According to California Code of Civil Procedure Section 335.1, the aggrieved party has two years to file a lawsuit and collect damages. There are cases where the statute of limitations hit and run lasts six years, but that applies to criminal cases. In the civil case, the term has remained unchanged, and lasts two years. After two years have passed from the moment of the accident, the statute of limitations expires and the injured party no longer has the right to file a lawsuit.
It should be mentioned that hit and run situations are frequent in truck accidents, where the car responsible for causing the accident flees the scene, posing serious challenges for both victims and authorities. These incidents not only leave the truck driver with potential injuries and damages but also hinder the investigation process, making it harder to hold the responsible party accountable. If the accident happens, for example, somewhere around Thousand Oaks, it is essential to call a Thousand Oaks truck accidents lawyer who will ensure justice for a harmed one. Also, you can check other locations in California where Bojat Law Group tim is available if you get into a situation to need our help.
The law protects you – but you are obliged to react in a timely manner
California law has correctly conceived the rights and obligations in order to maximally protect the injured party and enable him to recover the damage caused to him. That is why it is very important to act as the law requires and file a lawsuit within the defined time frame so that the statute of limitations does not occur, after which you are no longer able to recover losses. You are required to act within two years to receive financial compensation for personal injury damages. Contact a lawyer as soon as possible.
When a case such as a hit and run occurs, it is of great importance that you react adequately and in time, in order to ensure the successful and speedy resolution of the case and the compensation of damages. The adequate and timely reaction of the injured party in case of hit and run includes the following procedures:
- Calling the nearest local police station, sheriff, or ideally – Highway Patrol office immediately after the accident has occurred (if you are unable to call immediately, the average time frame for calling is within 24 hours)
- Submitting a written statement to the insurer within 30 days of the accident
- Contacting a personal injury attorney to handle your case and ensure that you are compensated
Also, while it is understandable to be in a state of shock in such a situation, it would be ideal if you could focus and remember or write down the date, time, place, details of the accident, and the damage done to you. In addition, it would be ideal if you could register some identification data of the perpetrator, such as, for example, the license plate number of the other car. A Los Angeles car accident lawyer who specializes in all types of traffic accidents and personal injuries will in any case do his best to ensure you get maximum compensation for all past, present and future damages incurred, including any pain and suffering.
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