Got hit by a driver that took off? Hit-and-run accidents are more frequent than ever. 22% of pedestrian fatalities are caused by hit-and-run drivers, crashes are on the rise every year and victim’s legal options need to be taken into account.
The worst part? The majority of people aren’t aware of what to do after an accident caused by a driver that fled the scene. This leaves people in a state of shock, injured, and worried about medical expenses.
Let me give you the low-down…
Hit-and-Run Accidents Don’t Have to Ruin Your Life. In fact, there’s more you can do than you think. Despite the driver fleeing the scene, there are still legal actions you can take to secure the compensation you deserve and hold the negligent party accountable.
What you’ll discover:
- Hit-and-Run Legal Rights Every Victim Should Know
- Insurance Coverage Options When the Driver Flees
- How Law Enforcement Helps Your Case
- Compensation Sources You Didn’t Know Existed
- Building a Strong Legal Case
Hit-and-Run Legal Rights Every Victim Should Know
Hit-and-run accidents leave victims feeling like their options are out of their hands. However, knowing your rights as a hit-and-run victim is the first step to take towards recovery.
When a person strikes you, and flees the scene, they have committed a crime. This means that there are both criminal and civil legal actions you can take to hold that person accountable.
Criminal vs Civil Cases
The criminal case is what the state will pursue. The district attorney will file charges of hit-and-run on the person that hit you and fled the scene. This means that the driver will face jail time and fines upon being convicted.
Civil cases are where you get to collect damages. This is when a skilled car accident lawyer will be of vital importance to help you navigate through the insurance process as well as to help you seek the compensation you are entitled to for your injuries.
The two cases work independently. This means that if the prosecutor fails to prove the criminal charges, the driver can still be found liable and lose the civil case.
You want to know what most hit-and-run victims aren’t aware of?
You can file both types of cases against the person that hit you and fled the scene.
Statute of Limitations
Time is of the essence in these cases. The statute of limitations for most states is 2-3 years to file a personal injury lawsuit.
However, this is an important piece of information to take into consideration…
Evidence is lost and destroyed quickly. Security cameras are wiped, eyewitnesses move away, and memories fade. The faster you file your lawsuit the more solid evidence you will be able to work with.
Insurance Coverage Options When the Driver Flees
At this point, you may think that all of your insurance coverage is off the table since the other driver fled. However, you have more options at your disposal than you might think:
Uninsured Motorist Coverage
The best friend to any hit-and-run victim is uninsured motorist (UM) coverage. UM coverage deems the other driver to be uninsured in a hit-and-run accident.
Most insurance policies have provisions for:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage (some states exclude this)
Personal Injury Protection (PIP)
PIP insurance coverage pays no matter who caused the accident. It will pay for:
- Medical bills
- Lost income
- Essential services
- Rehabilitation costs
Collision Coverage
Collision coverage pays to repair your car after a hit-and-run accident. You will have to pay your deductible but your car will be repaired.
The truth is…
There is an insurance option many victims have, and aren’t aware of. Simply checking your policy will often reveal hidden options.
Medical Payments Coverage
Medical Payments Coverage (MedPay) is yet another valuable coverage to have when hit by a hit-and-run driver.
MedPay will cover up to your policy limits and in all states, regardless of who was at fault. It is an excellent coverage for immediate medical costs while other claims are being processed.
How Law Enforcement Helps Your Case
The police are vital to your case. In fact, the police’s investigation will most likely make or break your case.
What Police Do
Law enforcement does the following when a hit-and-run is reported:
- They document the scene
- They gather physical evidence
- They conduct interviews with any witnesses
- They search for security footage
- They issue a police report
The report they issue will play a vital role as evidence to your insurance claim as well as your future lawsuit.
You want to know something most people don’t know?
Hit-and-Run accidents are not that rare. 1 in 250 drivers was involved in a hit-and-run accident in 2022. With such numbers, you can be sure that the police have bettered their investigation techniques over the years.
Evidence Collection
Police departments today are using:
- Traffic cameras
- Cell tower data
- Paint transfer and analysis
- Paint, vehicle part identification
- Witness databases
Even if the police aren’t able to identify the driver right away, evidence collection may be able to point them to the driver’s identity months later.
Compensation Sources You Didn’t Know Existed
Hit-and-run victims have multiple sources of compensation other than the traditional insurance claims:
Crime Victim Compensation Programs
Every state has a victim compensation program. Programs of this sort provide payment for:
- Medical expenses
- Lost wages
- Funeral costs
- Mental health counseling
Requirements may differ per state, but the programs typically cover innocent victims of any violent crime.
Property Owner Liability
Property owners are sometimes held partially liable for hit-and-run accidents. This is the case when:
- Poor lighting was the cause
- Dangerous property conditions caused the accident
- Poor security enabled the driver to escape
Third-Party Claims
Employers can be held liable if the driver fled the scene while working. The vehicle owner can be held liable if a friend was the one driving. If the driver was drunk, the bar or restaurant that served them alcohol can be held liable too.
Government Claims
If your accident was caused by the poor conditions of the road you were on, you may be able to file a claim against the government entity responsible for road maintenance in that area.
It is important to know that these types of claims have short deadlines and special procedures that must be met in a timely manner.
Building a Strong Legal Case
Winning a hit-and-run case requires evidence and an expert legal strategy.
Immediate Evidence Collection
Right after the accident:
- Take photos of everything
- Get the contact information of witnesses
- Note the time and weather conditions
- Document your injuries
- Keep all medical records
Professional Investigation
A professional lawyer has resources that the police do not have access to such as:
- Private investigators
- Accident reconstruction experts
- Surveillance footage recovery
- Cell phone records analysis
The goal is to build an airtight case no matter if the driver is found or not.
Expert Witnesses
Medical professionals are often called in to establish the nature and extent of your injuries. Economists will be brought in to determine the extent of future lost earnings. Accident reconstruction experts will prove how the crash occurred.
Documentation Strategy
Keep detailed records of the following:
- All medical treatments received
- All lost work time
- Pain and suffering
- Property damage
- Out of pocket expenses
Documentation will play a crucial part during negotiations as well as at trial.
Taking Action After a Hit-and-Run
Hit-and-run accidents turn lives upside down. With 25% of pedestrian deaths occurring in hit-and-run crashes and numbers rising every year, learning about your legal options is not only important – it is necessary.
The key is to not to wait. Evidence is destroyed, eyewitnesses relocate, and time keeps ticking whether you are ready to move forward or not.
Remember:
- There are criminal as well as civil legal options to take
- There are multiple insurance coverages available
- Compensation sources exist outside of the traditional insurance
- Professional legal assistance is vital
Do not let a hit-and-run driver take justice from you. With the right legal strategy and expert representation, you can secure the compensation you deserve and hold the at-fault party responsible for their actions.
The road to recovery starts with knowledge. Take the first step and contact a professional car accident attorney to get the ball rolling on your case.
