Being left at the scene of a devastating accident is almost as shocking as the accident itself. Nearly every state requires drivers to remain at the scene and, if necessary, call for help when the crash results in personal injuries. Not only is fleeing the scene of a serious motor vehicle accident criminal, but it also leaves innocent victims with limited options for recovering financial damages. Unfortunately, hit-and-runs – especially when they involve pedestrians and cyclists – are not uncommon.
An experienced personal injury lawyer can help victims recover needed compensation from alternative insurance policies after negligent drivers fled the scene. Contacting a dedicated legal advocate quickly can even result in a more thorough investigation of the crash and post-accident identification of the driver. If you’ve been involved in a hit-and-run, don’t panic. Consider taking the following steps with the help of a dedicated personal injury attorney.
Step 1: Involve Law Enforcement and Seek Medical Help
Hit-and-run accidents occur when a negligent vehicle operator – such as a car, truck, motorcycle, bus, or rideshare driver – strikes another person or vehicle and flees the scene without stopping or before the police arrive. In some cases, criminal drivers have even taken the victim’s cell phone to call law enforcement and then left. In hit-and-run cases, having law enforcement (or medical personnel) respond to the scene is essential. It may invalidate your hit-and-run claims if you suffered an injury, but also leave the scene before police arrive. However, many states allow post-accident reporting if the vehicle damage is minor or you suffered from a latent injury. An attorney can always help you file a traffic accident report in the weeks following the hit-and-run.
Contacting law enforcement is critical for obtaining a police report as primary evidence that the other driver fled, but it’s also important because many hit-and-run accidents involve the following criminal activities:
- Vehicular manslaughter (accounting for nearly 25 percent of all pedestrian/cyclist fatalities)
- Drunk driving
- Driving under the influence of controlled substances
- Undocumented migrant drivers
- Driving with a suspended license
- Driving without a license
- Stolen vehicles
- Operating an uninsured vehicle
- Uninspected/unregistered vehicle
Due to the prevalence of unlawful activity inherent in hit-and-run crashes, do not attempt to locate the driver without legal assistance. A local personal injury law firm might retain a private accident investigator on your behalf, and law enforcement officers can safely pursue the culprit.
Even if the damage seems minor, such as a bruised knee or whiplash, you should always seek medical attention after a hit-and-run accident. It’s important in both criminal and civil cases to have evidence that an injury occurred. Even if you go to the emergency room a few days after the crash, you should obtain medical treatment and evidence linking the injury to the hit-and-run accident. Do not stop medical treatment if you suffered an injury by a negligent driver who fled the scene. Continue treating and let your attorney focus on obtaining you needed insurance compensation.
Step 2: Preserve Evidence of the Car Crash
Once you’ve obtained necessary medical and legal help, you should quickly preserve evidence of the crash and resulting damages. Busy law enforcement offices, especially those in cities that see multiple hit-and-run crashes every day, don’t always prioritize these claims. Critical evidence may be lost by the time police conduct a full investigation, so it’s always recommended you connect with a car accident lawyer to discuss locating and preserving the following evidence of a hit-and-run crash.
Photographs
An accident reconstruction specialist can return to the scene of the collision to take photos of any negligent conditions that may have contributed to the crash. Examples include broken stoplights and obscured traffic signs. The investigator can also photograph evidence left behind by the negligent driver. This may include taking photos of vehicle debris left at the scene and tire tracks. An attorney can use this photographic evidence to identify liable third parties, such as a local municipality, and prove your hit-and-run claims.
Dash Cam and Video Footage
You’d be surprised how many cars, homes, traffic intersections, and local businesses have security cameras. It’s getting harder to get away with fleeing the scene of a crash because multiple cameras may have caught the negligent driver before, during, and after the accident. It only takes one second of video footage to catch a license plate, which an attorney can trace right back to the liable vehicle owner and driver. Video footage can also identify witnesses to the crash, such as a local delivery driver, who can help provide testimony in your favor. However, you must act quickly.
Most security videos are only stored for 30 days. The sooner you contact a local personal injury lawyer, the quicker your attorney can send out a ‘litigation hold notice’ or ‘spoliation letter’ to every potential home and business with a camera system. This letter can require them to keep and turn over any footage of the accident. An investigator can also visit these homes and businesses to obtain copies of any video footage.
Paint Chips and Vehicle Debris
Hit-and-run accidents often leave the victim’s vehicle with paint marks or other metal debris from the liable driver’s car. An attorney may request an expert analyze this evidence to match it with potential defendants if you or a loved one suffered from one of the following catastrophic accident injuries
- Traumatic brain injury (TBI)
- Paralysis
- Burns
- Fractures
- Amputations
- Organ damage
- Death
Although this process takes time, it can be the evidence necessary to prove that the impact occurred when police have identified a vehicle or person of interest.
Witness Statements
Eyewitnesses’ memories are sharpest immediately after an accident. It’s important to obtain any witness statements – in an affidavit format – as soon as possible after the hit-and-run. These sworn statements can be critical for triggering your uninsured motorist benefits and identifying the liable driver.
Medical Records
You must go to the doctor if you’ve suffered an injury in a hit-and-run accident. Do not try to treat or rehabilitate your injuries at home due to financial concerns. Having proof of injury is important when filing a claim for benefits. Continue your course of treatment until a doctor certifies that you have made the maximum possible medical recovery.
Step 3: Make an Uninsured Motorist (UM) Claim
Some, but not all, states require vehicle owners to carry uninsured motorist coverage. Despite the name, this type of insurance also covers hit-and-run accidents. It is available from the non-liable driver’s policy if you were an innocent passenger or your personal vehicle insurance policy if you were struck as a pedestrian or cyclist. An experienced personal injury attorney can make an immediate claim for UM benefits to cover your initial medical expenses and lost income if you suffered an injury in a hit-and-run accident.
Step 4: Identify Liable Third Parties
In many cases, hit-and-run investigations are not prioritized and rarely yield results. This is especially true if you were struck at night or on a rural road without available video footage. Many innocent victims of hit-and-run accidents might also not carry UM insurance, and even if you do have uninsured motorist coverage, most drivers only carry limited benefits. Basic UM coverage can help hit-and-run victims suffering from short-term disabilities, such as a fracture or whiplash, but it will do little if you suffered life-altering head or spinal cord trauma. In such cases, an experienced personal injury litigator can use available evidence to identify liable third parties. This can include another driver who contributed to the crash or even the local highway department.
Step 5: File Liability Insurance Claims & Personal Injury Litigation
Although it can take time to find the liable driver, they may surface during a law enforcement investigation. This often occurs if the driver is arrested for another type of criminal activity and evidence links any seized vehicles to the hit-and-run investigation. Witnesses have also been known to come forward if the defendant confessed to them after the strike. In such cases, a car accident lawyer can immediately file an insurance claim with the vehicle owner’s liability insurance policy.
If the driver cannot be located, it’s important not to let the statute of limitations run on your hit-and-run accident claims. An attorney can file personal injury litigation against unknown defendants in accordance with state law. This allows you to preserve your claims and even obtain a substantial financial judgment in the event the defendant is eventually located.
Step 6: Obtain Needed Financial Damages
Hit-and-run accidents, especially those involving drivers who intentionally fled the scene after causing fatal injuries, often qualify claimants to obtain the following financial damages:
- Medical Expenses: Personal injury victims can demand compensation for their medical treatments, including hospital stays, surgeries, specialist visits, rehabilitation, home nursing care, medical equipment, and even medically necessary household modifications.
- Lost Income: If the injuries left you unable to work, you are entitled to claim your lost income, including income, overtime, commissions, bonuses, lost business opportunities, lost promotions, and lost earning capacity. Experienced hit-and-run accident attorneys will hire occupational expert witnesses to calculate the lifetime value of these losses.
- Lost Benefits: Eligible claimants can also demand the value of any lost workplace benefits, such as health insurance, pensions, paid leave, and 401(k) contributions.
- Pain and Suffering: These non-economic damages are available to compensate hit-and-run victims for the physical pain, emotional anguish, and lost enjoyment of life associated with any physical or psychological trauma.
- Punitive Damages: Although rare in personal injury cases, hit-and-run accidents nearly always involve criminal activity and can qualify claimants to demand punitive damages. Leaving a seriously injured person, especially a pedestrian or cyclist, at the scene of an accident is a felony in many states. A hit-and-run attorney can help his clients obtain additional damages if the liable defendant is identified.
Dedicated personal injury lawyers will use their skills to maximize the financial compensation available in your hit-and-run case, even if it means filing claims with multiple insurers.
Step 7: Retain an Experienced Hit-and-Run Accident Lawyer Immediately
Although this should be step 1, it’s not uncommon for victims of hit-and-run accidents to wonder if personal injury attorneys take these cases. After all, there’s often no liable defendant to sue. However, most reputable car accident law firms not only take hit-and-run cases, but they may even do so without any upfront fees or out-of-pocket costs. Consider the following benefits of retaining a legal professional after a catastrophic hit-and-run crash.
Preservation of Evidence
The sooner you contact local counsel, the more likely they can identify potential video evidence and witnesses. Sending out preservation letters quickly and professionally asking witnesses for assistance, especially those intimidated by police officers, has resulted in the quick identification and arrest of liable drivers.
Private Investigation
Many local personal injury firms have trusted private investigators who can help identify the liable driver before law enforcement even reviews the case. The law firm can also pay the investigator upfront, only recovering compensation for the investigation if it obtains damages in your case. This allows innocent victims of hit-and-run accidents to retain needed legal assistance regardless of their financial circumstances.
Filing Insurance Claims
A personal injury lawyer can immediately file an uninsured motorist claim or obtain insurance compensation from another liable party. These claims often settle with the insurer, giving you needed compensation during an investigation or if the driver cannot be found.
Litigating
Even if the driver is never identified, qualified hit-and-run accident lawyers near you know how to litigate ‘John Doe’ claims. They can still preserve all your rights and obtain a legal judgment on your behalf in the event the defendant is identified.
Contact a Local Hit-and-Run Accident Attorney Today
Do not leave money on the table after a hit-and-run collision, especially if law enforcement is having difficulty identifying the liable driver. You may have other options for recovering needed financial damages from your uninsured motorist policy, state hit-and-run insurance funds, or liable third parties. Contact a local hit-and-run accident lawyer immediately to discuss your rights.