Being in a hit and run accident can be a disorienting and frustrating experience, to say the least. When another driver flees the scene, it can leave victims feeling vulnerable and unsure of what to do. Who will cover your car repairs and medical bills? What happens if the police never find the driver? Do you have legal options?
Understanding the steps to take following a hit and run and knowing how to pursue compensation can help victims navigate this difficult situation with less stress. The most important thing to remember is that obtaining legal representation is the best way to protect yourself and your financial future in this situation.
If you’re in a hit and run collision, do not wait to consult a San Jose hit and run car accident attorney. A knowledgeable lawyer can give you quality advice and support and strategize to get you the compensation you need and deserve.
What is a Hit and Run Accident?
A hit and run accident occurs when a driver involved in a collision leaves the scene without providing contact information or assisting the injured parties. These incidents can involve various vehicles, including cars, trucks, motorcycles, and pedestrians.
Fleeing the scene of an accident is illegal. In most states, the law requires individuals involved in accidents to stop, assess the situation, render aid when necessary, and exchange information with all parties. Leaving a collision scene can mean unnecessary difficulties for victims and trouble for the responsible individual.
Implications of a Hit and Run
When a person causes an accident and flees the scene, this isn’t just morally wrong but can also come with several consequences.
Because hit and run incidents are criminal offenses in most jurisdictions, penalties can be assessed. Potential repercussions include:
- Fines: Fines can be substantial, particularly if the accident resulted in significant damage or injury.
- License suspension: Offenders may face the suspension or revocation of their driver’s licenses depending on the circumstances.
- Imprisonment: In severe cases, particularly where catastrophic injuries or death occur, the offender may face prison time.
In addition to criminal penalties, the driver who fled the scene may be liable for damages in a civil case. When the driver is identified, victims may have the opportunity to take legal action to pursue compensation for injuries and losses.
Along with legal implications, a hit and run can impact insurance premiums. Insurance premiums are highly likely to increase considerably if the responsible driver is found, especially because criminal action is involved. Insurance costs may or may not increase for victims, depending on certain factors, including whether a first-party insurance claim is filed.
What Prompts Individuals to Flee After Causing a Collision?
Although fleeing the scene of a car crash is illegal, many drivers still choose to do so. Drivers often leave an accident scene for various reasons, including:
- Fear of consequences: Drivers may be afraid of legal repercussions, such as getting arrested for DUI, driving without a license, or having outstanding warrants.
- Panic or shock: The stress of the situation can cause panic, leading some to act impulsively rather than thinking clearly.
- Insurance concerns: Some drivers might worry about their insurance rates increasing or being held financially liable for damages.
- Uninsured driver: Drivers without insurance may flee to avoid potential legal and financial penalties.
- Avoiding accountability: Some may believe that fleeing will allow them to avoid responsibility for the accident.
No matter the reason, it is never right for a driver to up and leave a collision scene. For this reason, drivers that are later identified are held accountable.
Steps to Take After a Hit and Run
It’s common to feel overwhelmed and unsure after a hit and run accident. When the other driver flees, how do you handle everything alone?
It’s imperative to remember that everything you do after your accident can impact your rights and future compensation claims. The following steps can help put you in a more favorable position to get the financial recovery you need.
Receive Medical Treatment
Your physical well-being should always be a priority. If you suffered severe injuries, you likely received medical attention at the scene of the crash. However, it’s not unusual for victims to walk away from their accident scene believing they’re unharmed, especially when injuries are not quite visible.
Hit and run accidents are particularly traumatic events. The body has a special way of responding to stress, including releasing certain hormones, like adrenaline, to put you in “fight or flight” mode, allowing you to respond to tough events. Among the ways this affects you, it can mask pain, making you think you’ve suffered no injuries.
Getting a full medical examination can help ensure you begin your recovery sooner and create medical documentation, which is vital for compensation claims.
Report Your Accident
It’s always a good idea to call the police while still at the accident scene. Doing so can ensure you receive assistance and allows officers to gather information to create a police report.
Still, even if you do not contact law enforcement the moment your hit and run occurs, you still have the opportunity to file a report with the local police department. File a report as quickly as possible, as there is very limited time to do so.
Collect Evidence and Documentation
Start collecting any evidence or documentation that might be relevant to your case, including any photos, videos, or details you obtained from the accident scene. Additionally, write down any information you recall from the collision, how you feel, and the details of your treatment. All evidence can significantly assist in strengthening your claim and, in this case, finding the at-fault driver.
Notify Your Insurance Company
Even if you’re not at fault for the collision, you should still notify your insurance company. Contact your insurer as soon as you can after your accident and inform them of what’s occurred. You may need to file a claim through your insurance company; the sooner you contact them, the better.
Discuss Your Case with an Experienced Car Accident Attorney
Hit and run accident cases are different from other types of collisions, and these cases can be more challenging. Consult with a car accident lawyer right away. An attorney can address your concerns, review the details of your collision, and help get you on the path toward fair compensation.
What Not To Do After a Hit and Run
While the above steps help you safeguard your rights as a hit and run victim, the following can negatively affect your situation, future claim, and well-being.
Follow the Driver
Hit and run accidents happen in a split second, and you don’t know how you’ll react when it happens. For some, their first instinct is to follow the fleeing driver. While this may seem like a good idea, it rarely ever is.
When you leave the scene of your hit and run accident, you can inadvertently put yourself in a compromising position. The police and insurance companies can question who was really at fault. You may also miss the chance to speak with eyewitnesses who can corroborate your story.
Following the responsible driver through traffic increases the chances of getting into another accident, which can further complicate an already complex situation. You may also put yourself at risk of getting seriously hurt, especially when you don’t know the other driver’s demeanor and what they can do when backed against a wall.
Even if you’re frustrated and wish to know the other driver’s identity, leave the detective work to the police. It is not worth the potential repercussions.
Wait to Call the Police or Report Your Accident
Waiting to report your accident to the police or your insurance company can negatively impact your future claim. If you wait too long, it’s easier for law enforcement and insurers to question liability and the severity of your injuries, which can result in little to no compensation.
Delay Getting Medical Attention
Seeking medical treatment for your injuries is one of the most important things you can do after a hit and run. You may not realize you’ve suffered injuries; some injuries take some time to begin showing symptoms, such as internal injuries. Waiting too long to get medical attention can cause your injuries to worsen or complications to arise.
Additionally, when you delay treatment or fail to get treatment altogether, this can communicate to the insurance company that your injuries are not that serious. When the insurer questions the validity of your claim, it can be much harder to get the financial recovery you need.
What Happens if the Hit and Run Driver is Found?
In the best-case scenario, the driver responsible for your hit and run is identified. Nowadays, with helpful technology, like surveillance and traffic cameras, it can be easier to find at-fault drivers. Law enforcement officers and your attorney can assist in finding the driver and holding them accountable for their wrongdoing.
What happens to the hit and run driver depends on the circumstances. The driver will likely face criminal repercussions for fleeing the scene, with the severity of penalties based on the seriousness of the resulting injuries and property damage.
You may have the opportunity to file a claim through the driver’s insurance. In some cases, you might have the option to file a lawsuit directly against the individual.
After a hit and run, there are plenty of “what ifs.” Your attorney can give you personalized guidance concerning your case and what you can anticipate happening once the responsible driver is found.
Evidence Used in Hit and Run Situations
Many pieces of evidence can be crucial in identifying the driver and establishing liability in a hit and run situation. Some of the key pieces of evidence used in these cases include:
- Witness statements: Eyewitness accounts can provide details about the incident, including the make and model of the fleeing vehicle and a description of the driver.
- Surveillance footage: Cameras from nearby businesses or traffic cameras may capture the accident or the fleeing vehicle.
- License plate information: If any part of the license plate is visible, it can be traced back to the owner.
- Traffic reports: Police reports may include information about the collision and any evidence collected at the scene.
Collectively, this and other evidence can help law enforcement track down the responsible driver and hold them accountable for their actions.
Pursuing Compensation Following a Hit and Run
While it can be challenging to seek compensation after a hit and run accident, it is not impossible. Several avenues may be available based on the circumstances, including the following.
Uninsured Motorist Coverage
Many insurance policies include uninsured motorist (UM) coverage, which provides protection when the other driver is not insured or cannot be identified, such as in a hit and run. In some states, UM is required, while in others, it is an optional add-on.
To use your UM coverage, you would notify your insurance company about the hit and run and file a claim. Submitting relevant evidence from the accident, including police reports, medical records, and witness statements, can help strengthen your claim.
Collision Coverage
If you have collision coverage as part of your auto insurance policy, this can also help cover your damages. This coverage is applicable regardless of fault.
Using your collision coverage requires filing a claim directly through your insurance company. You may need to pay a deductible, but your insurer will cover the remaining costs.
Personal Injury Lawsuit
If the police can locate the hit and run driver, you can pursue a lawsuit against them. Filing a personal injury lawsuit is much more complicated than filing an insurance claim, so it’s essential to have an experienced car accident lawyer represent you throughout the process for more favorable results.
After a Hit and Run Accident, Seek Legal Assistance From a Car Accident Attorney Right Away
Experiencing a hit and run accident can be a traumatic event, but knowing what steps to take can empower you to move forward and seek the justice and compensation you deserve.
If you’re hurt in a hit and run, do not hesitate to speak with a local car accident lawyer. A personal injury lawyer can give you peace of mind during a challenging time as they protect your rights and interests and fight for the best possible result.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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