Vehicle Code section 20002 requires that all drivers involved in a traffic accident immediately stop their vehicles in exchange drivers licenses, insurance, and registration with other parties involved in the accident. The issue of fault, has no bearing on these requirements of the law.
Anyone, was ever been in accident, knows the intense traumatic, and emotional effects that are common after an accident. The more serious the impact, the greater effects the drivers feel. For whatever reason, parties who have been involved in accidents frequently deny responsibility, even though it was clearly their fault.
Fear of this responsibility, especially for those drivers without insurance, or with less than perfect driving records, or drivers with suspended licenses, have a greater fear about the expense and other corollary responsibilities of being declared a party at fault in an accident.
The courts have seen a steady increase in the amount of hit-and-run cases, where drivers have for whatever reason chosen not to comply with the law, but to leave the scene of an accident without exchanging the legally required information. Whether or not it was a minor scrape as a result of a miscalculation in distance while parking in a mall parking lot, sideswiping a cars door while driving too close to the curb lane, these acts leave angry victims scratching their head for who the responsible, or better yet irresponsible driver was left the scene of an accident without complying with their legal obligations.
Our firm of hit-and-run attorneys specialize in negotiating civil compromises, which are essentially documents which express that the victim has been fully compensated for any losses, and that they are not seeking criminal prosecution. The value of such a document frequently leads to a dismissal of any pending or existing criminal charges..
Clients rarely realize the complexity of negotiations with multiple parties other than just the victim which are required to be satisfied to get the best results once a mistake of this nature has been made. Firstly, once retained, an attorney contacts the police departments that handle the initial hit-and-run claim, and is responsible for finding, or following up with the responsible party causing the accident. Developing a good relationship of trust and cooperation can create an ally with the victim, by setting the stage for trying to make the victim at the by compensating them in a timely fashion for any damages that may have incurred as a result of the accident.
Exercise of this timely strategy of cooperation and remorse goes a long way towards reducing the victim drivers anger over having been left at the scene of the accident. Making contact with the victim to further determine any losses as soon as possible will also foster the victim's cooperation in signing the civil compromise documents which is an essential and critical requirement, and prerequisite for criminal charges to be dismissed or avoided altogether.
An attorneys clear understanding of the psychological strategy of rebuilding trust with the victim driver is critical to changing the perception of your client. Only when the victim feels better, can a foundation be laid for an agreement to fairly compensate the driver for any losses they may have incurred, and ultimately prevent the responsible driver from facing the exposure, expense, and stress of being prosecuted for hit-and-run.
