Charged With A Hit And Run? 3 Defenses You Can Use

Law Blog

If you have recently been charged with a hit and run, you need to make sure that you take it seriously. This is because the consequences can be grave, as you could be facing some serious jail time. This is particularly true if you allegedly caused injury to another individual, the accident resulted in the death of a person, or you were allegedly under the influence of alcohol or drugs. However, there are some potential defenses to a criminal charge of a hit and run accident, including the following three:

Defense #1: You Weren't Driving the Car.

One way to get out of the charges is if you can prove that you were not physically driving the vehicle that was involved in the hit and run accident. Of course, there may still be some financial liability if you are the owner of the vehicle that was involved, but you may be able to escape the criminal charges. This is because the criminal hit and run charge involves charging the actual driver of the vehicle.

Defense #2: You Did Not Run After the Accident.

It may be entirely possible that you were actually involved in an accident, but you are being accused of running when you actually stayed at the scene. The reality of the matter could be that the person who got hit didn't report the accident immediately and waited until later, at which time they reported it as a hit and run. This usually leads to the other party being dealt the hit and run charge. So to help minimize the chances of this happening to you, get proof that you stopped. If the accident happened in a parking lot, take a picture or video of yourself leaving a note. If a victim leaves, locate a nearby witness and get their contact information.

Defense #3: There Is No Proof That an Accident Occurred.

If no one was injured and there are no damages to speak of, then was there really an accident? In order for you to be convicted of a criminal hit and run accident, there must have actually been a vehicle accident. Believe it or not, there is such a thing as car accident fraud, and it happens much more often than anyone would like to admit. Therefore, it is possible that you have been caught up in a scam and been charged with a hit and run that literally never occurred. So it is important that you look at the alleged damages, and if they don't add up or if there is simply no proof of injuries or damages, then you may be being framed.

If you have been charged with a hit and run, contact a local criminal defense lawyer as soon as possible.


23 June 2017