Vancouver Wa Accident Attorney: Legal Support You Can Trust – Hit-and-run charges are among the most common charges filed by prosecutors in Vancouver, Battle Ground, Longview and Kelso. Ordinary people may suddenly find themselves in a tenuous situation, and if found guilty, the consequences may include license suspension, jail time, court fees and driving lessons.
We know people sometimes make mistakes when they are involved in an accident. Sometimes they panic. Sometimes they are unaware of their legal obligations. Sometimes they take decisions suddenly without thinking. If you have been charged with a hit and run, it is important to understand what you are facing.
Vancouver Wa Accident Attorney: Legal Support You Can Trust
This article will discuss the ins and outs of hit and run charges so that you can better understand how to do your best after being arrested. If your case requires legal aid, we can provide expert representation and experience in court.
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Hit-and-run charges fall into three categories: supervised hit-and-run, unsupervised hit-and-run, and hit-and-run with injury. Now let’s analyze these three costs.
Have you ever experienced a fender bender? What should you do in this situation? Who should you contact? Do you have to share my information? Should you call the police? These are all valid questions. Your obligations depend on the circumstances.
If your accident involves only loss of vehicle control or property damage, Washington state law outlines your responsibilities in RCW 46.52.010.
You must immediately stop the vehicle and locate the owner of the vehicle or property and provide your name and contact information. If you cannot find the person, you should leave a written notice in a prominent place on another vehicle or property and keep the incident report.
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If you are involved in an accident with a well-maintained vehicle or an accident that results in injury to another person, Washington state law outlines your responsibilities in RCW 46.52.020.
You must stop at the scene of the accident (or as safely as possible) and remain at the scene to ensure that:
If someone else is injured as a result of the accident, you must provide reasonable assistance, such as providing medical assistance.
Listed in RCW 46.52.010, an unattended hit and run is a simple misdemeanor. If convicted, he faces up to 90 days in jail and a $1,000 fine. The Washington Licensing Authority will not take any action against your license as a result of this conviction. An unattended hit-and-run is when you hit an unattended vehicle or object, cause injury or damage, and leave the scene without exchanging any information required by law. “Unattended” means the car or property was unoccupied, meaning it struck a parked car or fire hydrant.
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A hit-and-run assault has a “substantial” component, which means you must know you were involved in the collision to be guilty. Additionally, for a hit-and-run accident to be considered a criminal offense, the collision must cause damage. If you hit something but didn’t cause any damage, it’s not a hit and run. However, if a collision results in damage, Washington state law requires that you provide the information listed above in this article (also listed in RCW 46.52.010) before leaving the scene.
More seriously, hit and run is a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine. Additionally, upon conviction of such an offense, the DOL imposes a penalty of at least 1 year of license suspension. If you are suspended, you may be eligible to apply for some type of restricted license.
For purposes of determining repeat offender status in Washington, involvement in a hit-and-run is considered a warning to you. You have been convicted of three offenses within five years (e.g. hit and run, reckless driving, drink driving, driving while suspended 2)
You must not drive under any circumstances 7 years after receiving a traffic violation notice.
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A visited hit and run means you collide with a visited vehicle, sustain damage and leave the scene without exchanging information. “Occupied” means the car you hit is occupied by someone.
If you are involved in a collision with a monitored vehicle, Washington state law requires you to share the information listed above in this article (also listed in RCW 46.52.020). Failure to do so may result in criminal charges such as hit and run.
The most serious hit-and-run injury is a Class C misdemeanor, punishable by up to five years in prison and a $10,000 fine. The death of another injured person as a result of his injuries is a Class B crime. A hit-and-run injury occurs when you hit someone, causing injuries, and failed to remain at the scene to fulfill your legal obligations listed in this article (and RCW 46.52.020).
Your attorney can negotiate for the charges to be dropped or dismissed. If there are questions such as whether damage occurred, whether you knew you were in an accident, or whether you provided information, this is useful information for a criminal lawyer to defend your case.
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Additionally, depending on the facts of your case, your attorney may be able to negotiate a civil settlement with the victim.
A legal settlement is when the victim in the case is legally compensated for their injuries and signs a document asking the judge to dismiss the case. This option does not apply to hit-and-run personal injury charges. Instead, it only applies to fraud and serious misconduct.
Interestingly, the law does not allow a judge to order you to pay punitive damages for a single criminal conviction for a hit and run crime unless both parties agree. In Washington, punitive damages may only be payable if the victim was not injured but the crime occurred. In other words, the crime must cause harm to the victim.
In the case of a hit-and-run, the injury to the victim (i.e., the damage) occurred before the crime was committed. The “crime” of a hit and run does not occur as a result of an accident. Instead, it left the scene without exchanging information first. Therefore, since the accident that caused the damage occurred before you left the scene, the crime technically occurred after the damage occurred. Therefore, if you are only convicted of a hit and run, the judge does not have the authority to award punitive damages unless both parties agree. For a more detailed discussion on this topic you can read
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, 38 in total. application. 135 (1984) (dismissed on other grounds by State v. Krall, 125 Wn.2d 146, 881 P.2d 1040 (1994).
However, victims have the right to take legal action, which means suing you in civil court. This unique rule only applies to Hit & Run standalone fares. Therefore, if you are also charged with driving while intoxicated, reckless driving, or driving with a suspended license, you will be liable for punitive damages upon conviction.
Hit and run charges are very serious. They can change your life in an instant. I always advise my clients to purchase insurance as any driving offense can become very expensive very quickly. If you have been charged with a hit-and-run crime, please contact our office for legal representation. We provide a strong legal defense at a price you can afford.
Vancouver criminal defense attorney Tom Carley has successfully defended thousands of criminal cases and won many dismissals for his clients by fighting hit-and-run charges. Don’t argue your case alone; email or call us today for experienced legal help. (360) 726-3571. Vancouver Drunk Driving Accident Lawyers Experienced Drunk Driving Accident Lawyers Represent Injured People in Greater Vancouver, Washington
Things Not To Do Following A Car Accident In Washington State
If you or a loved one has been injured by a drunk driver, you will need a law firm by your side from the beginning. You may need someone to defend your rights while the police investigate the accident and file criminal charges.
Criminal liability is different from civil liability. That’s why you may need a Vancouver personal injury lawyer who can build a solid case for you to receive fair compensation after a drunk driving accident. You can contact us today by filling out our contact form or call (360) 695-4244 today to schedule a free consultation.
At Schauermann Thayer, our Vancouver alcohol accident lawyers are committed to ensuring that all responsible parties are held accountable, including the establishment that served the alcohol, the drunk driver, and their insurance company. We strive to hold these responsible parties emotionally accountable.