Hit-and-run accidents can leave victims feeling overwhelmed and helpless. When a driver flees the scene of an accident, it complicates the process of seeking justice and compensation. However, victims have legal options to pursue remedies for their injuries and damages. Understanding these options can empower victims to take the necessary steps toward recovery.
WHAT IS A HIT-AND-RUN ACCIDENT?
A hit-and-run is a criminal act that occurs when a driver causes a car accident and then leaves the scene without stopping to help or provide their information. It is a serious offense that can be considered a misdemeanor or a felony. Hit-and-runs are illegal in all states, as drivers have a legal obligation to remain at the scene and report the accident to law enforcement.
Drivers may flee the scene for a variety of reasons, including:
- Fear of legal responsibility
- Lack of auto insurance
- Self-preservation
- Concealing criminal activity
- Not thinking the crash was serious enough to stop for
- Not knowing they were in a crash
Trying to hide being under the influence of drugs or alcohol
If a hit-and-run driver is located, they may face civil penalties, such as punitive or treble damages. If the victim’s injuries are severe, the driver may also face jail time. In the aftermath of a hit-and-run, it is recommended to seek the assistance of a legal specialist.
STEPS TO TAKE AFTER A HIT-AND-RUN ACCIDENT
If you are the victim of a hit-and-run accident, taking the following steps can protect your legal rights and improve your chances of obtaining compensation:
Stay at the Scene: Ensure your safety and move to a secure location if possible.
Call 911: Report the accident to law enforcement immediately. Provide a detailed description of the fleeing vehicle, including the make, model, color, and license plate number, if possible.
Seek Medical Attention: Even if you feel fine, get a medical evaluation. Some injuries may not be immediately apparent.
Document the Scene: Take photos of your vehicle, injuries, and the accident scene. Look for any debris or tire marks that could help identify the other vehicle.
Collect Witness Information: If there are witnesses, gather their contact information and statements about what they saw.
Notify Your Insurance Company: Report the accident to your insurer promptly. Provide all the details you have, including the police report.
LEGAL REMEDIES FOR HIT-AND-RUN VICTIMS
Victims of hit-and-run accidents have several legal avenues to pursue compensation for their injuries and damages:
Uninsured Motorist Coverage (UM)
Most auto insurance policies include uninsured motorist (UM) coverage, which can provide compensation when the at-fault driver is unknown or uninsured. UM coverage typically covers:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Collision Coverage
If you have collision coverage as part of your auto insurance policy, it can pay for repairs to your vehicle, regardless of who was at fault. However, this type of coverage does not compensate for medical bills or other non-economic damages.
Crime Victim Compensation Programs
Some states have crime victim compensation programs that provide financial assistance to victims of hit-and-run accidents. These programs may cover medical expenses, lost wages, and other out-of-pocket costs, though they typically do not compensate for property damage HIT-AND-RUN ACCIDENTS
Civil Lawsuits
If the hit-and-run driver is later identified, victims can file a personal injury lawsuit to seek compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
In addition to compensatory damages, courts may award punitive damages in hit-and-run cases to penalize the driver for their reckless behavior.
CHALLENGES IN HIT-AND-RUN CASES
Pursuing compensation in a hit-and-run accident can be challenging due to the following factors:
Identifying the Driver: Law enforcement may not always be able to locate the fleeing driver, making it difficult to pursue a lawsuit.
Insurance Coverage Limitations: Not all victims have sufficient uninsured motorist or collision coverage to fully compensate for their losses.
Evidence Collection: Gathering sufficient evidence to support your claim can be difficult, especially if there are no witnesses or surveillance footage.
WHY YOU SHOULD CONSULT AN ATTORNEY
An experienced personal injury attorney can help victims of hit-and-run accidents navigate the legal complexities and maximize their chances of securing compensation. Attorneys can assist by:
- Investigating the accident and gathering evidence
- Negotiating with insurance companies to obtain a fair settlement
- Filing claims through crime victim compensation programs
- Pursuing a lawsuit if the at-fault driver is identified
PREVENTING HIT-AND-RUN ACCIDENTS
While you cannot control the actions of other drivers, taking the following precautions can reduce your risk of being involved in a hit-and-run:
- Drive defensively and stay aware of your surroundings.
- Install a dash camera to record incidents on the road.
- Park in well-lit areas and avoid leaving your vehicle unattended for long periods.
CONCLUSION
Hit-and-run accidents can leave victims facing physical, emotional, and financial challenges. While these cases are often complex, victims have legal remedies available to seek justice and compensation. By consulting an experienced personal injury attorney, victims can better understand their options and take steps to protect their rights. If you’ve been affected by a hit-and-run accident, don’t hesitate to seek legal assistance to ensure you receive the support and compensation you deserve.