People react in various ways to getting into a vehicle accident.
Unfortunately, some people's first reaction is to flee the scene.
But most of us know that leaving the scene of a car accident can result in criminal penalties down the road.
However, you have even more to worry about if you are the accident victim that requires medical attention after being injured by a hit-and-run driver.
The bottom line is that you must identify the negligent driver if you want to pursue legal action.
If both parties are considerate, responsible drivers do what they are required to under the law and stay at the scene of the accident, this isn't an issue.
The police will arrive and complete an investigation, and you will get your due compensation from insurance companies.
But what happens when the driver responsible doesn't stay at the accident scene?
We'll explore what happens below.
Table of Contents
- What Is A Hit and Run?
- File a Police Report
- What To Do If You Are Involved In A Hit and Run Accident
- Suing For Damages In A Hit and Run
- Contact a Car Accident Attorney
What Is a Hit and Run?
A hit and run accident is defined as being involved in a motor vehicle accident either with a pedestrian, another car, or a fixed object and the responsible party or the at-fault driver, leaves the scene without stopping to identify themselves or render aid to anyone that might need assistance.
Some states even include collision with an animal in their definition of "hit and run."
In most states, it doesn't matter whether you caused the accident or not. The act is committed simply by leaving the scene.
If you absolutely must leave the scene of an accident to access emergency assistance, most states will not consider that to be a hit and run. You just have to return to the scene of the accident as quickly as you can.
Most states do not require that the hit-and-run-crashes occur on a highway or public road and extend hit and run laws to cover parking lot collisions.
So, if you back into an unoccupied car in a parking lot and you don't leave your contact information on the windshield, many states treat that as a hit and run and hold you responsible for any property damage and hefty fines.
File a Police Report in a Hit and Run Accident
Even if the other driver flees the scene of the crash, you need to contact the police and file a police report.
An official report from law enforcement will always help you obtain the maximum compensation you need to recover from your injuries.
Here are a few reasons why you should always file a police report:
- If a witness saw the accident or the license plate number of the negligent driver, the police may be able to locate the driver. If there aren't any witnesses, the police can check the security cameras of nearby businesses.
- The official police report will help establish that a crash occurred, the cause of it, and that the negligent driver fled the scene.
- If you locate the other driver, you will need the police report to file a claim with his insurance company.
- If you need to make a claim with your own automobile insurance company, even if it is only for your vehicle repair costs, the adjuster will want a copy of the police report.
What To Do If You Are Involved In A Hit and Run Accident
Again, if you find yourself in this unfortunate situation, the very first step after being involved in a hit and run accident should be to call a police officer.
You need to stay at the scene of the accident even if the other party has fled the scene.
The only reason you should leave the scene is if either you or one of your passengers needs immediate medical assistance and an ambulance isn't an option.
If you leave the scene of an accident, even if you are the victim of a hit and run, there can be criminal charges, and potentially even a criminal conviction, brought against you.
You should also try to document the damage done to your car as soon as possible if it's possible.
Take notes about any information you may have about the other vehicle, especially if you can get statements from eyewitnesses.
Any information you can provide to the police may be able to help them track down the other driver.
Plus, you can use the information you collect for a civil or criminal procedure.
If you choose to file against the other driver, once you know his or her identity, you will need as much evidence as you can get.
Seeking the help of an experienced attorney can help you file the lawsuit in the event you don't feel comfortable filing it yourself.
Suing for Damages in a Hit and Run Accident
Your ability to receive compensation for the injuries and damages you suffered as the result of a hit and run depends on whether the police can locate the other driver.
If they can, then you may be able to pursue legal action for property damages, any bodily injury, and even emotional distress.
If not, you will likely be stuck paying out-of-pocket for expenses that weren't even your fault. Although some insurance policies of include uninsured motorist coverage
A good car accident attorney can use the information you gathered at the scene and work with the police to help find the negligent driver to get fair compensation from either your insurance company or the fault party.
Your attorney can also hire experts and private investigators to conduct further research into helping you locate the other driver to collect the compensation you deserve.
Contact a Car Accident Attorney
After calling the police and getting your injuries taken care of, the next thing you should do after a hit and run accident is to contact an experienced legal team because the legal process for hit-and-runs, like any civil lawsuit, can be tricky.
If you are a hit-and-run victim, your accident lawyer might have ways to help you locate the other driver.
If the other driver can't be located, a hit-and-run accident lawyer can help negotiate your settlement with your own insurance company.
Negotiating with your own insurance company can be as tricky as with the negligent driver's insurance company or pursuing a personal injury lawsuit.
If you were the victim of a hit and run accident and are interested in pursuing the legal avenue, call the personal injury lawyers at Helping The Hurt today at (678) 233-2257 to schedule your free consultation and get on your way to financial compensation.
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