Three Points To Refute A Hit-And-Run Driver's Claim That He/She Wasn'T Aware Of The Accident
A common defense to being charged with hit and run is to say that you weren't aware that you made contact with another vehicle. In many scenarios, this excuse may be legitimate, but it's a lie in many other cases. If you've been on the receiving end of a hit and run and the police have tracked down the other motorist, you may find yourself in a legal entanglement as you attempt to suggest that the driver knew about the collision, and he or she denies it. Instead of just saying that you think the driver had to have known, here are some points that you can emphasize with your car accident attorney.
The Driver Stopped
A sure sign that the other driver was aware that he or she made contact with your vehicle is that he or she stopped. Someone who stops knows that something is wrong, and may pull over to the side of the road to begin to discuss the incident with the other motorist. However, the other driver may quickly panic — perhaps because he or she has a warrant — and decide to flee. If you actually talked to the other driver for a moment or he or she simply stopped and then drove away, this will support your claim of the driver being aware of hitting your vehicle.
The Driver Made Evasive Moves
A driver who has just collided with another vehicle and decided to flee knows that the other motorist — and any witnesses in the area — will try to see his or her license plate. With this information passed along to the police, the odds of truly getting away with a hit and run are minimal. You may have noticed that the driver who hit you made evasive moves immediately thereafter. For example, perhaps he or she turned sharply and drove behind a commercial building, or simply accelerated hard to flee the scene. These are indicators that suggest the driver's awareness of the situation.
The Driver Hid The Vehicle
Not all hit and runs take place on the roads. It's possible that a neighbor could have backed into your vehicle in the driveway and left damage. Assess the neighbor's habits afterward. If he or she were to leave the car in his or her driveway, you might be able to put the pieces together to determine who was to blame. However, if you observe that the neighbor is keeping his or her vehicle hidden — perhaps by parking it at a friend or family member's home a few blocks away — this is the sort of suspicious behavior that can suggest the driver's awareness of his or her actions.