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What Evidence Is Needed to Convict a Hit-and-Run?

A hit-and-run is a crime, and it requires proof beyond any doubt to result in a conviction. Virginia law has specific requirements needed to be proven in a hit-and-run, and this article explains what they are and what you can do if you’re involved in one.

In a court of law, the evidence you need to win a case depends on the nature of the case. Criminal cases are stricter compared to civil law cases when it comes to evidence, for instance.

No matter how much evidence you may have, a defendant is always considered innocent until proven guilty by a court of law, so it’s always good to know what evidence is needed to convict a hit-and-run and to have a car accident lawyer’s help on your side.

What Is a Hit-and-Run?

Most of us know that a hit-and-run happens when a vehicle driver hits someone and runs away to avoid the authorities. However, it’s interesting to note that the Virginia code does not explicitly recognize the term “hit-and-run.”

Despite this, hit-and-runs are still acknowledged in the legal system, and Virginia law has specific obligations for drivers in the event of an accident involving injury or death or property damage.

What Should You Prove in a Hit-and-Run?

A hit-and-run has several elements, all of which should be established to convict someone for a hit-and-run.

First, you should establish who was the party at fault for the accident.

Second, you should prove that this party was aware that the accident they caused resulted in damage to persons or property on the road.

Third, you should prove that they did not stop at the scene or as close as possible to report their details or help you.

You should also prove that, after the other person left, they did not make an effort to contact the victims or leave anything which would have allowed you to contact them.

What Is the Penalty for Conviction of a Hit-and-Run?

Upon a successful conviction for a hit-and-run, the defendant may be found guilty of a Class 5 felony if the accident results in injury or death or in more than $1,000 worth of damage to property. If nobody is injured or dies, and the property damage is worth less than $1,000, the defendant could be found guilty of a Class 1 misdemeanor.

If you pursue a civil case, the convicted party will also be obliged to compensate you for damages, and there are different kinds of damages that can be awarded. To maximize the compensation you receive, it’s best to speak with an experienced car accident lawyer.

Talk with an Attorney for a Hit-and-Run Case

Criminal cases need a higher degree of evidence compared to civil cases. The technical procedures involved in court are also quite complicated, and the party at fault may be acquitted despite all the evidence you have.

When you are already a victim in a hit-and-run, there’s no reason to be a victim again by losing in court.

At Halperin Law Center, our top-ranked hit-and-run accident lawyers have the law experience and knowledge of the law necessary to ensure that you get full representation in court and that all the evidence you have is presented clearly and convincingly.

If you have been recently involved in a hit-and-run, call us at 804-527-0100 or fill out our contact form for an assessment of your case.

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