Table Of Contents
What is a Hit and Run?
A hit-and-run occurs when a driver leaves the scene of an accident, without leaving identifying information, and someone other than the driver was injured or killed. It doesn’t matter who was at fault in an accident. Both parties are legally required to stop and exchange information with the other driver.
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What’s the Difference Between a Misdemeanor Hit and Run and a Felony?
The distinction between misdemeanor and felony hit and run depends on whether or not someone was injured. If the accident only causes property damage, then the state can only file misdemeanor charges. If the victim of the hit and run suffers bodily injury or death, then felony hit and run may be charged.
Defenses to a Charge of Hit and Run
If you have been involved in a hit-and-run accident and are being investigated or have been charged with leaving the scene of a crime, you should seek the advice of an experienced hit-and-run attorney.
There are several potential legal defenses to protect the rights of an individual accused of a hit-and-run. The most significant defense is that you were not driving a vehicle that was involved in a hit-and-run accident. For example, your car had been stolen and the hit-and-run accident occurred when it was not in your possession.
Another common defense is that you exchanged your information as required by law. If you were involved in an accident and exchanged the required information, you have satisfied the legal regal requirements of the law and cannot be guilty of a hit and run.
A third defense to being found guilty of a hit and run is that there was no damage caused to the other person’s property. Vehicle codes require that there be damage for there to be a hit-and-run.
Can a Hit and Run be Dismissed?
In some misdemeanor hit-and-run cases, it might be possible to get your criminal charges dismissed if you take responsibility for all the expenses of the accident. This is known as a “civil compromise,” which is an agreement by a judge to dismiss a criminal charge if the accused pays the victim for any damages caused by their conduct. Judges hold the sole authority over whether to grant a civil compromise.
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If you or a loved one was involved in any of these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.