HIT AND RUN DRIVER COULD FACE MANSLAUGHTER CHARGES AND WRONGFUL DEATH LAWSUITS IN SF BAY AREA
Many may not be aware that leaving the scene of an accident without leaving proper information or waiting for the authorities to come is not only the wrong thing to do, but it is also illegal. People who leave accident sites without giving their insurance information to the victim could face charges of hit-and-run all the way up to vehicular manslaughter. In addition to the criminal charges, the family of the victim, or the victim himself could file a lawsuit against the wrongdoer. If the victim is alive, then he can sue the wrongdoer for injuring him but if the victim dies as a result of the accident, then his family may be able to sue the wrongdoer for wrongful death damages. Wrongful death lawsuits require that the wrongdoer acted negligently or differently than a reasonable person in the same situation would have acted. For example, in a car accident in which the driver hits a pedestrian, a reasonable person would likely pull over and call for help.
A negligent person may leave the scene of the accident, or may do something else that other reasonable people would not do. Whether the actions were reasonable is decided by the judge or the jury in a trial. A hit and run accident happened in Santa Clara in the early morning hours of May 16, 2009 in which a pedestrian was struck and killed on El Camino Real near McCormick Drive. A police officer found the pedestrian lying in the roadway. He was still alive when the officer approached, but later died at the scene. There are no witnesses or suspects in this case. Officials have reported that it is likely that the suspect’s car will have front end damage and possibly a broken windshield.
The person who hit the pedestrian could face vehicular manslaughter charges by the district attorney, and the victim’s family could sue him for wrongful death. There is a chance that had the driver stopped after he hit the victim, the victim could have been saved. If you have been injured in a hit and run accident, or if one of your family members was fatally injured in an accident, you should consult with an attorney at Greenberg & Rudman LLP immediately. Call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation from one of our knowledgeable attorneys. Go to our website, www.alawpro.com to read more about wrongful death lawsuits and profiles on our attorneys.
