At the start of the year, California led the nation in fatal hit-and-run crashes. From 2017 to 2021, more than one in every ten fatal crashes in the state (10.48%) involved drivers who fled the scene. This rate is much higher than the national average of 6.33% during that period.
Beyond the numbers, the emotional and financial burden these accidents impose on families is immeasurable. If you have lost a loved one in a hit-and-run accident, it’s important to understand the legal options available to you and your family.
Wrongful death claims, explained
Close family members – such as spouses, domestic partners and children – can file a wrongful death claim when someone’s negligence or intentional act causes the death of their loved one. However, the process may be more complicated in cases like a hit-and-run accident.
The biggest challenge would be finding the driver who fled the scene. If authorities manage to identify them, the family may be able to pursue a wrongful death claim against this person. This includes:
- Gathering evidence such as police reports, witness statements and any available video footage
- Calculating damages, including medical expenses, funeral costs, lost income and non-economic losses
- Filing a formal complaint with the court within two years from the date of death
If the driver remains unknown, families may be able to turn to their own car insurance. Some policies cover hit-and-run accidents under uninsured motorist coverage. An attorney can help review insurance policies and guide you through the complex claim process.
Types of compensation
Families can pursue compensation for various types of damages, including:
- Lost income, based on the deceased’s current and future earnings
- Lost benefits, such as health insurance or pension plans
- Funeral and burial expenses
- Any medical bills related to the fatal injury
- Non-economic losses, such as the loss of consortium and parental guidance
Take note that the law does not set fixed amounts for compensation. Instead, courts consider factors like the deceased’s age, earning capacity and family circumstances when determining awards.
Get the clarity you need
It can be difficult to know your next steps when you’re struggling with the loss of a loved one. Know that legal help is available.