Been in a hit-and-run accident? Feeling lost about what to do next?
Hit-and-run accidents create frustrating situations that become terrifying experiences for everyone involved. You’re cruising on the road when suddenly you experience property damage and personal injuries from a hit-and-run driver who disappears.
You’ve got options. Legal ones. Powerful ones.
This article outlines the exact measures you should take if you find yourself a victim of a hit-and-run accident. Throughout this article we will explore every legal right available to you from processing insurance claims to identifying the responsible party.
Contents
What You’ll Discover Today:
- Understanding Hit-and-Run Accidents
- Immediate Steps After a Hit-and-Run
- Insurance Options for Hit-and-Run Victims
- Legal Remedies Against Identified Drivers
- Compensation You May Be Entitled To
- Vulnerable Road Users
- How a Lawyer Can Strengthen Your Case
- Time Limitations for Legal Action
- The Importance of Acting Quickly
Understanding Hit-and-Run Accidents
Hit-and-run accidents occur when a motorist strikes another vehicle or person and then leaves the scene without giving their information or aiding any wounded individuals. Hit-and-run incidents contravene state laws across the nation.
The frequency of hit-and-run accidents exceeds what people typically assume.
About 11-12% of vehicle crashes across the nation each year are hit-and-run incidents. In 2022 there were around 2,932 hit-and-run deaths across the United States which accounted for 6.8% of total fatal crashes.
The U.S. West region experienced the worst rate of fatal hit-and-run incidents in 2022 with 1.06 deaths per 100,000 people.
These figures stand for actual individuals who experience actual consequences because someone else chose to violate the law.
Immediate Steps After a Hit-and-Run
The actions you take right after a hit-and-run accident can determine the success of your case. Here’s what you should do:
- The first priority is safety so move away from danger when possible and check for any physical injuries.
- Contact law enforcement right away to ensure you receive a police report which is vital to your case.
- Acquire proof by photographing the damage to your vehicle as well as the accident location and any visible injuries you have.
- Reach out to people who witnessed the incident to obtain their contact information.
- Search for video footage because businesses and traffic cameras in the area may have recorded the event
- Immediately reach out to your insurance company to report the accident.
Remember, time is of the essence. Timely action improves your odds of finding the driver and filing a successful insurance claim.
Insurance Options for Hit-and-Run Victims
Determining financial responsibility for damages presents a major difficulty in hit-and-run accident cases. The at-fault driver being unavailable to face responsibility means you’ll probably need to rely on your personal insurance policy.
Here’s what types of coverage might help:
- Uninsured Motorist Coverage becomes crucial when you experience a hit-and-run because it covers damages from uninsured drivers. The coverage treats hit-and-run drivers as uninsured motorists and provides financial assistance for medical costs and property damages when applicable by state law.
- Personal Injury Protection (PIP) provides coverage for medical expenses in no-fault states without regard to the responsible party.
- Collision Coverage helps with vehicle repair costs after a hit-and-run but requires payment of your deductible first.
- MedPay Coverage provides financial assistance for medical expenses without determining who was at fault.
A Portland car accident lawyer will guide you through complex insurance issues while making sure you pursue every available compensation option. The high rate of uninsured drivers in the U.S., which stood at 14% in 2022, makes it crucial to understand how this affects damage recovery in hit-and-run incidents.
Legal Remedies Against Identified Drivers
Some hit-and-run drivers manage to evade capture while others get caught. When the police or your investigation determines who caused the accident you obtain more legal options.
Criminal Consequences
Drivers who flee accident scenes incur grave criminal penalties when their actions cause injuries or fatalities. These penalties might include:
- Hefty fines
- License suspension or revocation
- Probation
- Jail or prison time
Civil Lawsuit Options
After identifying the driver who fled the accident scene you have the right to file a civil claim to get back compensation for your losses.
- Medical expenses
- Lost wages
- Vehicle repairs
- Pain and suffering
- Emotional distress
Your entitlement to punitive damages exists in certain situations because these damages function as a punishment for extremely reckless conduct.
Compensation You May Be Entitled To
Victims of hit-and-run incidents can receive multiple compensation forms through insurance claims or legal proceedings.
- Economic Damages represent tangible losses that can be quantified with specific monetary values.
- Medical bills (past and future)
- Lost income and earning capacity
- Property damage
- Rehabilitation costs
- Non-Economic Damages – These are more subjective:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Hit-and-run drivers who display egregious behavior may receive punitive damages from courts once they are caught.
Your compensation amount will be determined by the seriousness of your injuries and your financial losses as well as whether the driver who caused your accident is caught.
Vulnerable Road Users
Hit-and-run accidents show a disproportionate impact on pedestrians and cyclists. In Florida hit-and-run fatalities in 2023 involved pedestrians and cyclists in 76% of cases.
The most vulnerable road users typically sustain more serious injuries and encounter distinct obstacles following hit-and-run incidents. These road users may benefit from specific legal protections which makes legal consultation essential for proper guidance.
How a Lawyer Can Strengthen Your Case
Dealing with the consequences of a hit-and-run accident proves to be an overwhelming experience. A skilled car accident lawyer provides essential assistance in various ways after an accident.
- The investigation of the accident aims to determine the responsible driver.
- You need assistance managing interactions with insurance companies which could try to reduce the value of your claim.
- Gathering and preserving crucial evidence
- Calculating the full extent of your damages
- Handling all paperwork and legal deadlines
- Taking your case to court if necessary
Car accident attorneys often use a contingency fee system which states they earn their payment only when their client wins compensation thus enabling access to legal support during monetary difficulties after an accident.
Time Limitations for Legal Action
Statutes of limitations establish strict deadlines which determine the period you have to initiate legal proceedings following a hit-and-run incident. The duration of this time limit differs among states but generally falls between one and six years.
Insurance companies frequently mandate that accident reports be submitted within specific periods which can range from 24 to 72 hours. Missing these deadlines puts your ability to receive compensation at risk.
The Importance of Acting Quickly
Your chance for favorable results increases with immediate action following a hit-and-run incident. Quick action helps:
- Preserve physical evidence at the scene
- Locate witnesses while memories are fresh
- Identify nearby video surveillance before it’s deleted
- Meet all insurance reporting deadlines
- Connect your injuries directly to the accident
The demographic impact of hit-and-runs makes this point especially crucial. The majority of hit-and-run fatalities in 2022 involved individuals aged 25-54 who were typically in their prime working years and had families relying on their income.
Wrapping It All Up
The nature of hit-and-run accidents presents specific difficulties for victims yet they can utilize available resources. Understanding your insurance coverage along with quick evidence preservation and legal consultation offers you a path to navigate this complex situation towards obtaining rightful compensation.
The legal system safeguards victims like yourself as it operates to hold accountable those who try to avoid responsibility. A proper strategy combined with the right support will enable you to navigate past the barriers created by a hit-and-run driver.
Have you been in a hit-and-run accident? What was your experience like? Post your experiences in the comments section below or contact us to receive advice tailored to your specific circumstances.