For a cyclist in Los Angeles, a hit-and-run accident is a nightmare scenario. On streets already known for heavy traffic and high accident rates, being struck by a driver who then flees the scene is a profound violation that leaves you injured, alone, and facing a mountain of uncertainty. Los Angeles County consistently reports the highest number of bicyclist fatalities and serious injuries in California, making this a tragic reality for too many riders.
If this has happened to you, it is crucial to understand that you have rights and options. The actions you take immediately after the crash and in the following days are vital for your physical recovery and your ability to secure financial compensation for your losses—even if the driver is never identified.
What Are My First Steps After a Hit and Run in Los Angeles?
In the chaotic moments after a hit and run, your focus must be on your immediate health and safety while initiating the official process to document the incident. Adrenaline can easily mask serious injuries, so every step should be taken with care.
- Ensure Your Safety: If you can move, get yourself and your bike out of active traffic lanes to a safe place like a sidewalk or shoulder to prevent further harm. Do not try to chase the driver who fled.
- Call 911 Immediately: This is the most critical first step. Calling 911 dispatches both police and paramedics to your location. A police response is essential for creating an official traffic collision report, which is a cornerstone of any future legal or insurance claim.
- Get a Medical Evaluation: Accept medical help at the scene and be sure to see a doctor as soon as possible, even if you feel your injuries are minor. Injuries like concussions, internal bleeding, or soft tissue damage may not be immediately apparent. Seeking prompt medical care creates an official record linking your injuries directly to the accident, which is vital for your claim.
What Information Should I Try to Gather at the Scene?
While waiting for help to arrive, try to document as much as you can. Every detail, no matter how small, could be the key to identifying the driver or strengthening your claim.
- Memorize Vehicle Details: Try to recall anything about the car that hit you and write it down or record a voice memo on your phone.
- The make, model, and color of the vehicle.
- A partial or full license plate number.
- Any distinguishing features like dents, bumper stickers, or a roof rack.
- The direction the car was traveling when it fled.
- Take Photos and Videos: Use your phone to capture everything.
- The entire accident scene, including the layout of the intersection or road.
- Damage to your bicycle, helmet, and any other property.
- Your visible injuries as they appear at the scene.
- Any debris from the fleeing car (e.g., a broken mirror or piece of a bumper).
- Nearby businesses or homes that might have security cameras.
- Find Witnesses: Independent witnesses are incredibly valuable. Ask anyone who saw the accident for their name and phone number. Their account can provide an unbiased description of the vehicle and driver.
What Does California Law Say About Hit and Run Accidents?
In California, fleeing the scene of an accident involving an injury is a serious crime.
- Misdemeanor Hit and Run (CVC §20002): If the accident only causes property damage, it is a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
- Felony Hit and Run (CVC §20001): If the accident causes any injury to another person, it becomes a felony. The penalties are severe and can include:
- Up to four years in state prison.
- Fines of up to $10,000.
- Restitution to the victim for their medical bills and other losses.
The driver’s duty to stop and render aid applies regardless of who was at fault for the accident.
How Can I Get Compensation If the Driver Is Never Found?
This is the primary concern for cyclists in a hit-and-run situation. Fortunately, California law provides a crucial safety net: Uninsured/Underinsured Motorist (UM/UIM) coverage. If you have an auto insurance policy, this coverage extends to you even when you are riding your bicycle.
Under California law, an “uninsured motorist” includes an unknown driver in a hit-and-run accident. This allows you to file a claim with your own insurance company to cover the damages the fleeing driver should have paid for, such as:
- Past and future medical bills.
- Lost wages and diminished earning capacity.
- Damage to your bicycle and other property.
- Pain and suffering.
It is important to note that for UM coverage to apply in a hit-and-run, there must have been physical contact between the driver’s vehicle and you or your bicycle. Your insurance premiums cannot be raised for filing a not-at-fault UM claim.
How Do I Get a Copy of My LAPD or CHP Accident Report?
The official traffic collision report is a critical piece of evidence. Depending on where your accident occurred in Los Angeles, the report will be filed by either the Los Angeles Police Department (LAPD) or the California Highway Patrol (CHP).
- For LAPD Reports: You can typically request a copy online or by mail. You will need to fill out a Traffic Collision Report Request form. Be aware that reports involving an arrest or fatality are usually only available by mail. You can start the process on the LAPD website.
- For CHP Reports: You can request a report by filling out a CHP 190 form and submitting it to a local CHP office or mailing it to their main office in Sacramento. You can find instructions on the California Highway Patrol website.
Frequently Asked Questions
What if I don’t have car insurance with UM/UIM coverage?
If you do not have your own UM/UIM policy, recovery is more difficult but still possible. An experienced attorney can conduct a thorough investigation to try and identify the driver through surveillance footage, witness statements, or other means. If the driver is found, a claim can be filed against their insurance or a personal injury lawsuit can be initiated.
How long do I have to file a bicycle accident lawsuit in California?
The statute of limitations for most personal injury claims in California is two years from the date of the injury. If your claim is against a government entity (for example, due to a dangerous road condition), you have only six months to file an initial administrative claim.
Why is it so important to hire an attorney for a hit-and-run case?
Hit-and-run cases are legally complex. An attorney can immediately take steps to preserve evidence, manage all communications with law enforcement and insurance companies, and expertly navigate the UM/UIM claims process. Insurance companies often try to minimize payouts, and having a skilled advocate ensures your rights are protected and you receive the fair compensation you deserve.
How a Los Angeles Bicycle Accident Attorney Can Help
As a cyclist in Los Angeles, you deserve an advocate who understands the unique dangers you face and the laws designed to protect you. At Cyclistlaw, we are a force for injured riders. We will launch an immediate investigation into your hit-and-run accident and handle the complexities of your claim so you can focus on healing. We fight to hold negligent drivers accountable and to secure the maximum compensation for our clients.
If you have been the victim of a bicycle hit and run, do not wait. Contact Cyclistlaw’s Los Angeles office today for a free, no-obligation consultation.
