Our clients are often surprised when they are charged with a Los Angeles Hit and Run, when they never directly hit anything. They inquire as to how they could possibly be charged with a Hit and Run, when there was no contact with any other vehicle, or other object. Unfortunately, it is possible to be charged with a Hit and Run in a situation where you have had no contact. The good news, however, is that there is an available defense.
In order to fully understand the arguments and the defense that an experienced and knowledgeable Los Angeles Hit and Run lawyer can prepare for you, it is important to first understand the factual scenario that can give rise to a no contact hit and run.
Lets assume that David is driving home from work. He is in a rush to get home, and abruptly changes lanes on the freeway. The abrupt change cuts off a motorcyclist who swerves to avoid rear ending David. In his swerve, he loses control of his bike and crashes into the middle divider. He suffers from leg injuries. David does not even notice that the motorcyclist swerved and crashed. David continues on his way home. Several witnesses who see the event, are able to get David’s license plate and inform authorities.
David can be charged with a Hit and Run, even if the motorcyclist never made contact with David. This is because David’s action, abruptly changing lanes, caused the reaction in the motorcyclist that lead to his injury.
Fortunately, David could make the argument that he was not aware he had caused an injury. If he is not aware that the injury happened, how can he stop and provide emergency aid, and his contact information?
Now, let’s assume that one of the witnesses who saw the motorcyclist get injured, follows David and informs him that he caused the injury. Then, David has notice, and a defense that he was not aware, may not be as strong.
This is why it is important to have an experienced Los Angeles Hit and Run attorney on your side. A legal professional knows the criminal code and procedure and is able to put together the strongest possible defense. In David’s case, his attorney would gather evidence, and speak to the witnesses confirming that David did not have notice, that none of the witnesses informed David, and that it occurred behind David, outside of his direct view.
Further, it becomes important how David behaves once he is informed of the injury. This is also where a Criminal Defense lawyers serves as an advisor and guide. Cooperating with authorities and prosecutors shows David to be compassionate, and a person who wishes to make amends as soon as he learns about his error. With the proper guidance from a lawyer, David can be sure to only help his case with his statements, rather than make any unintended confessions.
If you are facing a Hit and Run, there are available defenses. Schedule a free consultation with one of our professionals today!