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As an experienced attorney who has handled many hit-and-run cases over the past ten years, I know that the bar to convict someone is very high.
A successful defense against such charges requires substantial proof and evidence to prove who the driver was beyond a reasonable doubt to ensure a not-guilty verdict.
Here is what you need to know about how to prove innocence in a hit-and-run.
Quick Summary
- Hit-and-runs are classified as felonies or misdemeanors depending on the severity.
- Remaining at the scene is crucial to proving innocence.
- Witness testimonies and camera footage can provide key evidence.
- Gathering documentation and police reports strengthens your defense.
- Hiring an experienced attorney can help protect your rights.
What Are Hit-and-Run Accidents?
A hit-and-run accident occurs when a driver leaves the scene without stopping to provide assistance or exchange information. The law categorizes these cases based on severity:
Felony Hit-and-Run (Injury or Death)
If someone is injured or killed and the driver flees, it is a felony. Law enforcement prioritizes these cases due to their serious nature.
Misdemeanor Hit-and-Run (Property Damage Only)
If only a vehicle or other property is damaged, the case is considered a misdemeanor. Although penalties are less severe, they can still impact insurance claims and driving records.
Related Article: Do Police Investigate Minor Hit & Run?
7 Steps to Prove Your Case in a Hit-and-Run
Prosecutors must prove several elements in a hit-and-run case, such as whether an accident occurred, if the defendant was the driver, and if the driver knowingly fled the scene. Follow these steps to establish your innocence.
1. Determine Fault in the Accident
Fault plays a key role in insurance claims and legal proceedings. If you were not at fault, your insurance company is more likely to cover damages.
What to do:
- Request an official accident report.
- Obtain statements from independent witnesses.
- Contact your insurance provider and provide supporting evidence.
2. Gather Important Details
Immediately collecting information strengthens your defense.
Key details to document:
- The make, model, and color of the other vehicle.
- Any part of the license plate number you remember.
- Physical descriptions of the other driver or passengers.
- Contact information of eyewitnesses.
3. Collect Physical Evidence
Evidence supports your case and helps prove what actually happened.
What to do:
- Take multiple photos of the accident scene from different angles.
- Capture weather conditions and traffic signs in the area.
- Check for skid marks or vehicle debris that may indicate what happened.
4. Look for Nearby Cameras
Security and traffic cameras often capture valuable footage.
Steps to take:
- Ask businesses near the accident site for footage.
- Check if nearby houses have doorbell cameras.
- Request footage from traffic authorities, if applicable.
5. Obtain the Police Report
A police report serves as an official account of the incident and may support your version of events.
How to use it:
- Verify the accuracy of the report.
- Correct any discrepancies by providing additional evidence.
- Use the report to dispute inaccurate insurance claims.
6. Speak to Witnesses
Unbiased witness testimony can be critical in proving your case.
How to approach witnesses:
- Politely ask if they recall details about the accident.
- Request their contact information for future reference.
- If comfortable, ask if they would provide a written statement.
Sample approach:
"Hi, my name is [Your Name]. I was involved in an accident, and I am trying to collect accurate details. Would you be willing to share what you saw?"
7. Consult a Car Accident Attorney
A legal expert can help you navigate the case and prevent wrongful charges.
Why hire an attorney?
- They can challenge weak or circumstantial evidence.
- They negotiate with insurers and law enforcement on your behalf.
- They help ensure that your rights are fully protected.
Related Article:Car Accident Attorney Info
Penalties for Criminal Hit-and-Run
As a result of a criminal hit-and-run, there are severe penalties imposed, including:
- Only Property Damage – Conviction of a second-degree misdemeanor may lead to up to sixty days in jail and/or a penalty of $500.
- Injury – Committing a third-degree felony may result in up to five years of confinement and a $5,000 fine.
- Serious Injury – A second-degree felony conviction can be met with a maximum of 15 years in prison and a fine of up to $10,000.
- Death – A first-degree felony conviction could result in up to thirty years of incarceration, with a minimum four-year prison sentence.
Related Article: What Is a Phantom Driver
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FAQs
1. Do Police Investigate Minor Hit-and-Runs?
Yes, police do investigate minor hits and run such as property damage.
2. How Long Does a Hit-And-Run Investigation Take?
The amount of time a hit-and-run investigation takes is days, weeks, or even months, based on the circumstances.
3. Can a Hit-and-Run Be a Civil Case?
Yes, a hit-and-run can be a civil case. It is necessary to prove all aspects of either negligence or intentional misconduct and may also seek non-economic damages such as pain and suffering, which would go beyond what could be obtained through restitution from a criminal claim.
Get Compensation For Your Hit-Run Accident
Don't panic if you weren't able to take action immediately after the accident - it is still possible to demonstrate that you were not responsible. Reach out toSchmidt & Clark, LLPlaw firm and find out how they can help prove your innocence in a car crash during a free consultation session. With their help, you'll be one step closer to getting justice for what happened.
Reference:
- https://www.law.cornell.edu/wex/hit_and_run_statute