If you have ever wondered how long you can wait before pressing charges after a hit-and-run accident, the answer will depend on something called the “statute of limitations.”
This is the law that regulates the maximum time within which you can bring charges against the at-fault party.
In most states, the statute of limitations can affect how a case plays out. Therefore, this timing is important for the driver who is accused of running away from the scene, as well as for the victims.
What Is a Statute of Limitations?
A statute of limitations is basically a countdown clock for the judicial system. It decides the duration a victim has for filing a case after the commission of a crime. After the expiry of the limitations period, the accused can no longer be prosecuted for the offense. The purpose of these laws is to ensure there is no prejudice with the passage of time.
Also, keep in mind that not all offenses have the same statute of limitations. And that more serious offenses tend to have longer or no statute of limitations at all. For instance, certain homicide crimes or violent offenses may not have any time limitation.
How It Works in Hit and Run Cases
The time limit to file hit-and-run charges depends on how serious the incident is. When an accident only damages property, prosecutors usually have two years to bring charges against the responsible party. In the case of an injury or death, it is a felony offense. In these situations, the statute of limitations is longer, up to four to six years in some cases. This increase in time allows the police department ample time to investigate, even when they do not know who the suspect is.
The clock might also run sporadically, which is another important thing to know. For example, if the driver leaves the state or is not identifiable, the statute of limitations may be “tolled,” which essentially means a pause until the person is located. This guarantees a person cannot skip the court proceedings by hiding for some years.
Why These Deadlines Matter
The time you have to file a claim is limited. For the accused, it helps protect against indefinite prosecution. People should not fear being charged for an event that happened decades ago, when evidence may not even exist anymore.
If the negligent driver is not discovered quickly, these time frames can be troublesome for victims. In most states, you have a period of one to two years to file a case in civil cases like personal injuries and wrongful deaths. If the responsible driver is never found, victims may recover compensation through uninsured motorist coverage.
Conclusion
Getting familiar with the statute of limitations can help you with your case. From the moment the accident takes place, the legal clock starts. Once that clock runs out, no one can file charges or seek compensation. Whether you were hitting and running the car or the person who was hit by the car, do not ever hesitate to take the advice of an attorney. A knowledgeable lawyer can easily walk you through the provisions of the state laws and make sure you do not miss critical deadlines or your rights.
Key Takeaways
- Victims are limited to a certain period to file hit and run charges.
- Misdemeanor hit and run cases generally have a two-year deadline, while felony cases can allow up to six years.
- The deadline may be paused if the suspect takes off from the state or goes under the radar.
- Victims must act with urgency to conserve their entitlement to compensation.
