Does Fault Matter in a San Diego Hit and Run Case?

Many of our clients are involved in hit and runs with no fault of their own. They are simply in the wrong place at the wrong time, and are then left to deal with a criminal offense. Unfortunately, fault is not an issue in a San Diego hit and run case, but there are many defenses available that may help reduce your case or dismiss it altogether.

Let’s consider an example to understand how fault plays a role in a Hit and Run, or lack thereof. It is not as simple as it may seem. When there is an alleged hit and run, both parties are required to stop and exchange information. It is not just the party that may or may not be at fault. Therefore, if you are the person who was hit by another driver, you are also obligated to stay and provide information. This is especially an issue in multi car accidents, where you are caught in between two cars.

Donny was driving to work one day and had an important meeting that he needed to be at. As he was driving down the highway, he was rear ended by another car who was being careless and not paying attention to the road. The bump from the car resulted in Donny being propelled forward and hitting the car in front of him. Donny made a note of the license plate number of the car in front of him, and headed to work. It was Donny’s intention to contact the police department later on that day, as he did not have time to wait for the police to arrive and for him to explain that he was not at fault.

In this scenario, Donny is likely not liable for the damage to the car in front of him, but he may be charged with a San Diego hit and run. This is because, although it was not his fault, Donny left the scene without providing the other vehicles with his contact information.

The very essence of the San Diego Hit and Run law, is to prevent parties from fleeing a scene without providing information at which they may be contacted. It is not concerned with who is at fault, and who caused the damage. That is an issue for the civil courts.

If you find yourself in a situation where you have been charged with a Hit and Run, but it is not your fault, do not assume that the issue will resolve itself. You can still be charged and convicted. The best thing to do is to hire a San Diego hit and run lawyer as soon as possible so that they can take the action that is needed right away. An experienced and knowledgeable attorney, such as Hoffman & Associates takes proactive steps to alleviate the issue before it can even be formally charged. This will provide a huge benefit to you as you may be able to avoid criminal charges altogether. Do not hesitate, contact our office as soon as possible for a free consultation!