20 July

How an Attorney Can Help Navigate Challenges in Hit-and-Run Accidents

How an Attorney Can Help Navigate Challenges in Hit and Run Accidents

Hit-and-run accidents are distressing incidents that leave victims in a state of confusion and frustration. These accidents occur when a driver involved in a collision fails to stop and provide contact information or aid to the injured parties.

The aftermath of such incidents can be overwhelming, as victims must deal with medical expenses, vehicle repairs, and the emotional toll of the event. Navigating the complexities of a hit-and-run accident can be challenging, but an experienced personal injury lawyer can provide invaluable assistance.

This comprehensive guide explores how an attorney can help victims of hit-and-run accidents overcome these challenges.

Table of Contents

Contact us today for a free consultation with our personal injury lawyers. We’ll fight for your rights and help you get the compensation you deserve.

What are Hit-and-Run Accidents?

A hit-and-run accident is a subset of car accidents where a driver involved in a collision leaves the scene of the accident without fulfilling legal obligations, such as exchanging information with the other party or reporting the accident to the authorities. These accidents can involve other vehicles, pedestrians, cyclists, or property. The legal consequences for the fleeing driver can be severe, including criminal charges, fines, and imprisonment.

As reported by the National Highway Traffic Safety Administration (NHTSA), in 2015, there were an estimated 737,100 hit-and-run crashes in the U.S., equating to one every 43 seconds. The following year, 2016, saw a record high of 2,049 fatalities from hit-and-run incidents.

In 2022, there were a total of 7,522 pedestrian deaths, with 25% occurring in hit-and-run cases, if we believe the data by the Insurance Institute for Highway Safety (IIHS).

Causes of Hit-and-Run Accidents

Several factors contribute to hit-and-run accidents, often driven by the fleeing driver’s desire to avoid legal repercussions:

Intoxication: Drivers under the influence of alcohol or drugs often flee to evade driving under the influence (DUI) charges, especially those with prior convictions who face harsher penalties. The NHTSA reports that about 37 people die daily in drunk-driving accidents in the U.S., averaging one death every 39 minutes. In 2022, 13,524 lives were lost due to alcohol-impaired driving.
Lack of Insurance: Uninsured drivers may leave the scene to avoid facing penalties for not having the legally required insurance coverage.
Outstanding Legal Issues: Drivers with outstanding warrants or a history of traffic violations might flee to avoid arrest or additional points on their licenses, which could lead to increased insurance rates or license suspension.
Legal Concerns: Non-citizens, individuals on parole, or those with previous legal troubles might fear additional legal consequences and choose to flee.
Panic: In high-stress situations, some drivers panic and flee due to the fight-or-flight response. These drivers often turn themselves in after the incident gains public attention.

Immediate Steps to Take After a Hit-and-Run Accident

If you are involved in a hit-and-run crash where the other driver flees the scene, taking specific steps can protect your ability to recover compensation and assist authorities in apprehending the hit-and-run driver. Here’s what you should do after a hit-and-run accident:

Collect Information: Try to gather as much information as possible about the fleeing vehicle. Note the license plate number, and make, model, and color of the car. If you can’t write it down, take photos with your cell phone.
Contact the Police: Report the hit-and-run accident to the police immediately. Prompt reporting helps authorities take swift action and creates an official accident record, which will be crucial for your claim.
Gather Witness Information: Obtain names and contact details of any witnesses at the scene. Witnesses can provide vital testimony to support your claim and verify that another vehicle was involved. Witness accounts and any initial descriptions of the fleeing driver or their vehicle should be documented in the police report. Your attorney can later contact these witnesses for more detailed information.
Seek Medical Attention: Visit a doctor as soon as possible to check for injuries. This not only ensures your health but also establishes medical records that document your injuries and treatment.
Contact Your Insurance Company: Report the hit-and-run accident to your insurance company as quickly as possible. Stick to the facts, avoid admitting fault, and do not give a recorded statement or accept a settlement before consulting with a hit-and-run accident lawyer.

Common Injuries in Hit-and-Run Accidents

Hit-and-run accidents can cause a wide range of injuries, from mild to life-altering, such as:

Whiplash and Soft Tissue Injuries: Common in rear-end collisions, these injuries affect muscles, tendons, and ligaments.
Head Injuries: These can range from mild concussions to traumatic brain injuries (TBIs), with long-term effects on cognitive and physical functions.
Spinal Cord Injuries: These can lead to partial or complete paralysis, requiring extensive medical treatment and rehabilitation.
Fractures and Broken Bones: These injuries can require surgery and long recovery periods.
Internal Injuries: Damage to internal organs may not be immediately apparent and can be life-threatening if not treated promptly.
Emotional Trauma: Psychological injuries such as PTSD, anxiety, and depression are common and can significantly impact the victim’s quality of life.

Do I Need a Hit and Run Attorney?

In 2021, there were 2,783 fatal hit-and-run cases nationwide, the highest number recorded with available data. This figure represents an 89.4% increase from the 1,469 cases reported in 2012. Given this alarming rise, the role of an attorney in personal injury cases related to hit-and-run accidents is more critical than ever. An experienced hit-and-run attorney can provide:

1. Legal Guidance and Representation

One of the primary roles of an attorney in a hit-and-run case is to provide legal guidance and representation. An experienced attorney will explain your rights and the legal options during a free consultation. They will represent you in dealings with insurance companies, law enforcement, and in court if necessary.

2. Investigating the Accident

Hit-and-run attorneys have the resources and expertise to conduct detailed investigations. They can work with private investigators to obtain surveillance footage from nearby cameras at intersections, businesses, or witnesses, gathering additional evidence to help identify and locate hit-and-run drivers. If the vehicle’s license plate is captured, it will significantly aid in identifying the hit-and-run driver. A hit-and-run accident attorney can build a strong case for you by reconstructing the accident and examining the available evidence.

3. Dealing with Insurance Companies

Navigating insurance claims after a hit-and-run accident can be complicated. Insurance companies most of the time try to reduce payouts or reject claims. An attorney can negotiate with your insurance company to ensure you receive fair compensation for medical expenses, property damage, lost wages, and pain and suffering. They understand the tactics used by insurance adjusters and can effectively counter them.

4. Pursuing Uninsured Motorist Claims

In many hit-and-run cases, the identity of the fleeing driver remains unknown. If you have uninsured motorist (UM) coverage, your attorney can help you file a claim under this policy. UM coverage is designed to protect you in situations where the at-fault hit-and-run driver is unidentified or lacks sufficient insurance. Your attorney will ensure that you comply with all policy requirements and deadlines.

5. Filing a Civil Lawsuit

If the fleeing driver is identified, your attorney can file a civil lawsuit against them to recover damages. This lawsuit can seek compensation for medical bills, property damage, lost income, and non-economic damages such as pain and suffering. An attorney will handle all aspects of the lawsuit, from filing the complaint to representing you in court.

6. Providing Emotional Support

The emotional impact of being injured in a hit-and-run accident can be significant. Victims often experience anxiety, fear, and frustration. An attorney can provide much-needed emotional support, offering reassurance and guidance throughout the legal process. Having a professional manage your case lets you focus on your recovery.

injured victim in a hit and run accident

Challenges in Hit-and-Run Cases and the Role of an Attorney

Hit-and-run cases present unique challenges for victims seeking justice and compensation. Let’s discover how hit-and-run attorneys overcome some of the common challenges:

1. Identifying the Fleeing Driver

One of the biggest challenges in hit-and-run cases is identifying the driver who fled the scene. Without identifying the responsible party, it becomes difficult to seek compensation directly from them. Gathering evidence from other vehicles, such as surveillance footage, photos from nearby cameras, and witness statements can be crucial. Your attorney may also collaborate with law enforcement and private investigators to track down the hit-and-run driver.

2. Proving Liability

Even if the hit-and-run accident happened and the fleeing driver is identified, proving their liability can be challenging. An attorney will gather and present evidence that establishes the driver’s negligence. This may include witness statements, accident reconstruction reports, and expert testimony.

3. Dealing with Uncooperative Insurance Companies

Insurance companies may be reluctant to pay out claims, especially in hit-and-run cases where liability is not immediately clear. An attorney will advocate on your behalf, negotiating with the insurance company and ensuring they fulfill their obligations.

4. Statute of Limitations

Each state has a statute of limitations, a legal deadline for filing a personal injury lawsuit. In hit-and-run cases, the statute of limitations begins from the date of the accident. For example, in Illinois, the statute of limitations is two years; in Wisconsin, it is three years; and in Missouri, it is five years. A hit-and-run accident lawyer will ensure that all legal actions are taken within the required timeframe, protecting your right to seek compensation.

Types of Damages in Hit-and-Run Accidents

Victims of hit-and-run accidents may be entitled to various types of damages. Understanding these can help in knowing what compensation to seek.

Economic Damages: These include medical expenses (past and future), property damage, lost wages, and loss of earning capacity. Receipts, bills, and employment records are essential for substantiating these claims.
Non-Economic Damages: These cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are more subjective and often require expert testimony to quantify.
Punitive Damages: In cases where the fleeing driver is found, punitive damages may be awarded to punish their reckless behavior and deter others from similar conduct. Punitive damages are awarded in addition to compensatory damages and are at the court’s discretion.

Elements Needed to Prove Liability

Roughly 4.6 out of every 10,000 drivers in the U.S. have experienced at least one hit-and-run accident. To hold a driver liable in a hit-and-run accident, certain elements must be established:

Fleeing from the Accident Scene: The driver must have left the site of the accident without remaining to offer assistance or information.
Failure to Provide Identification: The driver did not disclose their identity or share contact details with the other party involved in the hit-and-run accident.
Property Damage Resulting from the Collision: The incident must have caused some level of property damage, whether to another vehicle, a bicycle, or other personal or public property.

Establishing these elements is crucial for charging a driver with a misdemeanor hit and run and for the victim to seek compensation through legal channels.

Determining the Worth of a Hit-and-Run Accident Claim

According to a survey by the Insurance Information Institute, the average injury settlement is $20,235, while property damage settlements average $4,711.

Determining the value of a hit-and-run accident claim involves multiple factors, each influencing the potential settlement amount. Firstly, the severity of injuries plays a crucial role; more severe injuries often entail extensive medical treatments such as ambulance services, emergency room visits, surgeries, and ICU stays, leading to higher medical expenses. Consequently, claims with substantial medical costs are typically more valuable.

Additionally, severe injuries that result in long-term pain, suffering, or permanent disability demand higher compensation due to the increased impact on the victim’s life. The ability to work and earn income is another key factor; injuries that prevent work or reduce earning capacity can significantly raise the claim’s value.

Identifying the at-fault driver also affects the insurance claim. If the driver remains unidentified, victims may need to rely on uninsured motorist coverage, potentially limiting the compensation amount. Furthermore, compensatory damages such as lost wages, vehicle repair costs, and emotional distress are considered. In some cases, juries may award punitive damages, particularly if the driver’s conduct was egregious, such as fleeing to avoid a DUI arrest.

Hire the Car Accident Lawyers at The Injury Lawyer Team

The aftermath of a hit-and-run accident can be incredibly stressful and confusing. Hiring the hit-and-run accident lawyer at The Injury Lawyer Team provides the expertise and support you need to navigate this challenging time and secure the compensation you deserve.

Expert Legal Knowledge: Our attorneys deeply understand hit-and-run laws and provide clarity on your legal standing and options.
Comprehensive Evidence Management: We efficiently gather, preserve, and present crucial evidence to build a strong case.
Insurance Negotiation: Our team skillfully negotiates with insurance companies to ensure fair compensation and handle claims.
Court Representation: If your hit-and-run accident case goes to court, we manage all legal procedures and present your case effectively.
Timely Legal Action: Our hit-and-run accident lawyer ensures all actions are taken within deadlines, protecting your right to compensation.
Maximizing Compensation: We aim to secure fair compensation by accurately conveying the full extent of your damages, including medical expenses, lost income, and pain and suffering.

Hire the car accident lawyers at The Injury Lawyer Team for expert support and representation.

Conclusion

Hit-and-run accidents are traumatic events that can leave victims feeling helpless and overwhelmed. However, with the assistance of an experienced attorney, victims can navigate the complex legal landscape and pursue the compensation they deserve. From providing legal guidance and conducting thorough investigations to dealing with insurance companies and filing lawsuits, an attorney plays a crucial role in helping victims overcome the challenges associated with hit-and-run accidents.

If you find yourself a victim of a hit-and-run accident, contact the Injury Lawyer Team to receive legal assistance as soon as possible. Our law firm will provide you with the support and resources to seek just compensation. Call (888) 424-5757 for a free consultation with our car accident lawyers specializing in hit-and-run accidents.

FAQs

What kind of crime is a hit-and-run accident?

A hit-and-run accident can be classified as a felony if it involves significant property damage, serious injury, or death.

How to secure compensation for hit-and-run injuries and damages?

To secure compensation for a hit-and-run accident, you can file a claim with your car insurance or company, use uninsured motorist coverage, and sue the unidentified hit-and-run driver.

What will happen if I don’t hire a hit-and-run attorney?

If you don’t hire a hit-and-run attorney, it can be difficult to navigate complex legal procedures, gather evidence, and recover maximum compensation.