Hit & Run Injuries

Being involved in a hit-and-run accident is both dangerous and frustrating. Many times, when these types of accidents occur, moving past the surprise and reality of what just happened is only the beginning of our client's problems. At Corsiglia McMahon & Allard, L.L.P., our attorneys work tirelessly to hold the offending parties accountable, and to ensure the roadway's safety for everyone.

Our lawyers have the experience and legal knowledge necessary to pursue these claims for our clients and defend their rights to collect. That applies from the moment the claim is filed until a final judgment or settlement has been entered.

Our dedicated legal staff has the experience to handle the complexity of a hit-and-run accident. One example is a $602,468 verdict for a homeless man who was the victim of a hit-and-run accident when he was run over by an elderly driver.

The first thing that anyone should do when involved in a hit-and-run accident is call the police. It is important to call the police and file a report, because it will help us move forward with your case. The police report helps us get compensation for the damages done to you as well as track down the driver who fled. If the other party can be identified and located, then we will pursue their insurance company for the damages that you suffered. If we are unable to locate or identify the other party, then generally, it is your insurance company who pays, depending on the type of insurance that you have.

Litigating a hit-and-run case presents many complications that other kinds of personal injury cases do not. In California, drivers are only required by law to have liability insurance on their vehicles. This becomes problematic for the victim of a hit-and-run accident when he or she only has liability insurance. That type of insurance is only meant to cover the damage that the insured driver may do to another, not damage that has been done to that insured driver. It is important to talk to one of our Northern California Hit-and-Run attorneys to help you pursue your claim.

In some cases, tracking down the driver who hit you will not guarantee that the party has the ability to pay your damages. He or she may be uninsured or under-insured. When this happens, and you sue him or her personally, the problem is enforcing that judgment. For example, if you were the victim of a hit-and-run accident and were awarded a judgment of $70,000, but the defendant is a minimum-wage earner, the defendant simply may not have the assets available to pay. In those cases, our tireless team of lawyers will work on your behalf to enforce any judgment in your favor. We will either move the court to garnish the wages of the defendant, or in appropriate cases, place a lien on the defendant's property until the judgment has been satisfied.

Being the victim of a hit-and-run accident is never something that you should face alone. Each case has unique complexities, sometimes requiring other causes of action to present. If you have been the victim of a hit-and-run accident, contact our San Jose office at (408) 289-1417.