Charleston Hit and Run Defense Lawyer

Hit and Run Defense Attorney In Charleston, WV

As you’re driving to the Clay Center for the Arts & Sciences or the Capitol Market, the last thing you expect is to be involved in a car accident. Maybe you were late for an important meeting and didn’t realize you grazed the car next to you as you passed, or you may have been scared and unsure what to do. In either case, a Charleston hit-and-run defense lawyer can review your case and guide you on your next steps.

Hit-and-Run Defense Lawyer From Meadows Law PLLC

When you hire a hit-and-run defense lawyer at Meadows Law PLLC, we can fight for you to protect your personal property and your freedom. We understand that sometimes unfavorable circumstances happen. If you’ve been involved in a hit-and-run, a practiced Charleston hit-and-run attorney can suggest possible defense strategies. Our attorneys have years of experience with negotiations and courtroom litigation.

Legal Requirements After a Car Accident in West Virginia

If you’re involved in a car accident in West Virginia, there are certain legal obligations you must follow regardless of how minor or severe the accident may be. If you fail to meet any of these requirements, you could be facing a hit-and-run case. Your three responsibilities include:

1. You must stop as close to the scene of the accident as possible.
2. At the scene, you must provide your name, phone number, last four digits of your VIN number, and insurance information. These can be provided to the other party or to a police officer.
3. If you are physically able, you must provide reasonable assistance to other individuals involved in the accident.

Consequences of a Hit-and-Run Accident

Car accidents are, unfortunately, a common occurrence across the United States. In 2023, there were a reported 40,901 car accident deaths in the country. West Virginia accounted for 260 of those deaths, which was an average rate of 14.7 deaths per 100,000 population, a little higher than the national average of 12.2.

For victims of a hit-and-run accident, the physical and psychological injuries that result from the accident are compounded by the emotional and financial burdens they experience. Emotionally, victims may experience anxiety, fear, anger, or frustration. Financially, they may experience medical expenses, insurance deductibles, or vehicle repair costs, and lost wages.

Consequences for perpetrators of a hit-and-run can be severe. The length of incarceration and fine amounts depend on the severity of the accident. Per the West Virginia Code: 

• Only property damage. A first conviction results in a fine of up to $100 or jail time up to 10 days. A second conviction within a year results in a fine of up to $200, jail time up to 20 days, or both. A third or subsequent conviction results in a fine of up to $500, jail time up to six months, or both.
• Bodily injury. A fine of up to $1,000, imprisonment up to one year, or both.
• Serious bodily harm. A fine of up to $2,500, imprisonment between one and three years, or both.
• Hit and run involving a death. A fine of up to $5,000, imprisonment between one and five years, or both.

You may also face penalties associated with reckless driving and vehicular homicide charges, which both carry severe consequences.

Possible Defenses in a Hit-and-Run Case

If you have fled the scene of a hit-and-run accident, you still have options to minimize potential consequences depending on the circumstances of why you fled. If possible, return to the scene of the accident and follow the legal requirements. If it is too late to return, contact the police and report the accident. You may not be able to avoid consequences, but you do have options for your legal defense:

• If you are a new driver, your lack of experience can be used as a defense to explain why you did not know you needed to remain at the scene. This could mitigate penalties.
• If you were severely injured or experienced a traumatic brain injury, your injuries might have caused poor coordination, impaired judgment, or vision issues that prevented you from remaining at the scene. Medical records can show that you sought treatment.
• You might not have realized an accident occurred if the impact was minimal, you did not see another vehicle, traffic was too dense, you were driving an oversized vehicle, or you suffer from a condition affecting your reasoning.
• You did stop, but failed to provide the necessary documentation to the other driver. This could be because the other driver refused the information, the accident seemed minor at the time, or the scene was hectic, and you forgot to provide the information.

FAQs

Which Hit-and-Run Defense Strategy Should I Use in Charleston?

The hit-and-run defense strategy you should use in Charleston can depend on the individual circumstances of your case. Possible defense strategies vary based on whether you realized you were involved in an accident, how long you’ve been driving, if you were injured, or if you stopped but failed to provide your information to the other driver involved.

Is a Hit-and-Run charge a Felony in Charleston, West Virginia?

A hit-and-run charge is only a felony in Charleston, West Virginia under certain circumstances. If the accident only results in property damage or minor injuries, it would be considered a misdemeanor. Conversely, if the accident results in serious injuries or death, it would likely be charged as a felony. If you face felony charges, a defense lawyer from our firm can come up with an effective defense to mitigate these charges or the potential penalties.

What Is the Minimum Sentence for a Hit and Run in Charleston, WV?

The minimum sentence for a hit and run in Charleston, WV is determined by the severity of the damage caused by the accident. According to the West Virginia Code, penalties for an accident that results in only property damage are typically less severe than those that cause injuries or death. Each penalty includes incarceration and a fine.

How Can You Prove a Hit-and-Run Case in Charleston?

There are a number of elements that must be present to prove a hit-and-run case in Charleston. You have to prove the accident occurred. You have to prove the accused was the one driving the vehicle. The accused was aware, or should have been aware, of the accident. The accused left the scene willingly. You have to prove the injuries and damages occurred because of the accident.

Hire a Hit-and-Run Defense Lawyer

If you’re involved in a car accident and flee, a Charleston, WV, hit-and-run defense lawyer can review the facts of your case and determine how to proceed. We can examine the details of the accident and negotiate for a reduced charge or take the matter to trial. Contact Meadows Law PLLC for a confidential consultation.