A hit-and-run accident occurs when a driver causes a collision and then leaves the scene without providing information or assisting the victims. To file a claim, you must report the accident to law enforcement and your insurance company as soon as possible. If the at-fault driver is not found, you can file an uninsured motorist (UM) claim through your own insurance policy.
Retaining a hit-and-run accident attorney is essential because they can investigate the crash, gather evidence, and negotiate with insurance companies. An experienced attorney will pursue fair compensation for medical expenses, property damage, lost income, and pain and suffering.
Common Causes of Hit-and-Run Accidents
Hit-and-run accidents occur when a driver causes a collision and then leaves the scene without stopping to provide necessary insurance information or assist the victims. These types of accidents are often due to a variety of factors related to negligence, recklessness, and poor decision-making.
One of the most common reasons for hit-and-run accidents is driving under the influence of alcohol or drugs. When drivers are intoxicated or impaired, their judgment and reflexes are significantly affected, making them more likely to cause accidents. Following the collision, a driver under the influence may panic or be afraid of legal consequences, leading them to flee the scene to avoid being arrested or facing penalties.
Another major factor is driving without insurance. Some drivers who are uninsured or underinsured may worry about the financial burden of a car accident, especially if they are at fault. Rather than staying at the scene and dealing with the consequences, they may choose to leave, hoping to avoid the costs associated with property damage, medical bills, or insurance claims.
Fear of legal consequences also plays a large role in hit-and-run accidents. A driver who has committed another offense, such as having an expired license, driving with a suspended license, or having an outstanding arrest warrant, may flee to avoid being caught by law enforcement. This fear often overrides the responsibility of staying at the scene to help victims or report the crash.
Distracted driving is another common cause. Drivers who are texting, using their phones, or engaging in other distractions may not even notice that they caused an accident. In some cases, the driver may not stop because they are unaware of the damage they have caused. However, in other situations, they may leave the scene to avoid facing the consequences of their inattentiveness.
Finally, recklessness or road rage can lead to hit-and-run collisions. Drivers who engage in aggressive driving or fail to follow traffic laws may cause accidents, but in a moment of anger or frustration, they may choose to flee rather than face accountability for their actions.
Most Common Injuries in Hit-and-Run Accidents
Victims of hit-and-run accidents often suffer from a wide range of injuries, which can vary in severity depending on the circumstances of the crash. Because the driver who causes the accident flees the scene, victims may not receive immediate medical attention, which can worsen the effects of their injuries. The following are some of the most common injuries that victims of hit-and-run accidents frequently suffer.
- One of the most common injuries in any car accident, including hit-and-runs, is whiplash. This injury occurs when the head suddenly jolts forward and then back, straining the neck muscles and ligaments. Whiplash can cause severe pain, stiffness, headaches, and, in some cases, long-term discomfort. Victims may not always realize the extent of their injuries immediately, as whiplash symptoms can take hours or even days to appear.
- Another frequent injury is traumatic brain injury (TBI), which can range from concussions to more serious brain damage. A blow to the head during a collision can cause the brain to hit the skull, leading to swelling, bruising, or bleeding. TBIs can have serious, long-term effects on memory, coordination, and even personality. In severe cases, they can be life-threatening.
- Broken bones are also common in hit-and-run accidents, especially if the victim is ejected from the vehicle or the car strikes them. Fractures can occur in the arms, legs, ribs, or face and may require surgery or long-term rehabilitation. In some cases, broken bones can lead to permanent disabilities if not properly treated.
- Internal injuries, such as damage to the organs, can also result from the force of a collision. These injuries may not be immediately visible, but they can be life-threatening. Victims may experience internal bleeding, organ damage, or even rupture of the spleen or liver. Immediate medical attention is critical to prevent complications.
- Finally, soft tissue injuries like bruises, sprains, and strains are common in hit-and-run accidents. These injuries occur when the body is jolted or compressed during the crash. While often less severe than broken bones or internal injuries, they can still cause significant pain and require rest and physical therapy to heal.
The hit-and-run nature of these accidents can make it harder for victims to get the medical care they need quickly, leading to potential complications.
Proving a Hit and Run Accident Case
In a hit-and-run accident case, several legal elements must be proven to hold the responsible driver accountable. These elements generally include proving that the at-fault driver (defendant) was involved in the accident, that they fled the scene, and that the victim suffered harm as a result of the crash. To build a successful case, the victim must present sufficient evidence to support each element.
The Defendant’s Involvement in the Accident
The first legal element in a hit-and-run case is establishing that the defendant was involved in the accident. Establishing the defendant’s involvement can be done through eyewitness testimony, surveillance footage, or physical evidence from the scene. For example, if there are bystanders who saw the defendant’s car hit the victim’s vehicle, their testimony can be crucial. Surveillance cameras from nearby businesses or traffic cameras can capture footage of the crash or the defendant’s vehicle leaving the scene. Physical evidence, such as broken glass, paint transfers, or debris from the vehicle, can also link the defendant’s car to the accident.
The Defendant’s Flight from the Scene
The next element is proving that the defendant fled the scene without stopping to provide information or assist the victim. Witness accounts, surveillance footage, or police reports can establish that the defendant fled the scene. If witnesses saw the driver leave the scene, their testimony could confirm this action. In some cases, video footage from nearby cameras may show the at-fault driver fleeing the scene. Furthermore, police reports detailing the vehicle’s description, license plate number, or any nearby traffic cameras can help track down the responsible driver.
Harm or Injury to the Victim
To succeed in a hit-and-run claim, the victim must show that they were harmed as a result of the accident. Medical records documenting any injuries sustained in the crash, such as whiplash, broken bones, or traumatic brain injuries, can document harm to the victim. In addition, photographs of the damage to the vehicle and witness statements describing the victim’s injuries can support this claim. If the victim is unable to work due to the injury, employment records showing lost income can also be important evidence in proving the harm caused.
The Defendant’s Negligence or Intent
In some cases, it may be necessary to show that the defendant was negligent or acted recklessly. Evidence like the driver’s behavior before the crash, such as speeding or running a red light, can prove negligence. In more serious cases, forensic evidence may be used to show that the driver’s actions led to the crash.
Why Do I Need a Lawyer in a Hit-and-Run Accident Case?
Retaining a lawyer following a hit-and-run crash is crucial for several reasons. Hit-and-run cases can be complicated, especially when the responsible driver leaves the scene. A knowledgeable attorney can guide you through the legal process, protect your rights, and ensure that you receive the compensation you deserve. Below are several key reasons why hiring an attorney is important.
- Knowledge in Handling Legal Procedures – Hit-and-run accident cases often involve complicated legal issues, such as determining liability, identifying the responsible party, and dealing with insurance claims. A lawyer who is experienced in personal injury or car accidents will have the knowledge and skill to deal with these issues.
- Finding the Responsible Driver – Following a hit-and-run crash, finding the responsible driver is a top priority, which often requires a detailed investigation. A skilled attorney can work with investigators to gather critical evidence, such as surveillance footage, witness statements, and physical evidence from the accident scene. They can also identify any potential leads, such as tracking down the vehicle’s license plate number or using local traffic cameras to find the hit-and-run driver. Without a lawyer, victims may not have the resources or knowledge to conduct a comprehensive investigation.
- Dealing with Insurance Companies – Insurance companies, whether your own or the at-fault party’s, are often focused on minimizing payouts. An attorney can handle all communication with insurance companies on your behalf, ensuring that your claim is taken seriously and that you are not unfairly denied compensation. They will also know how to negotiate effectively to maximize your settlement and can advise you on how to deal with underinsured or uninsured motorist coverage if the hit-and-run driver cannot be found.
- Ensuring Fair Compensation – A hit-and-run accident can result in significant injuries, medical bills, lost earnings, and emotional distress. A lawyer will assess the full extent of your damages, including both current and future expenses, and ensure that you are fairly compensated for all of your losses. They can also pursue non-economic damages, such as pain and suffering, which can be difficult to quantify but are a crucial part of your case.
- Reducing Stress During Recovery – Dealing with a hit-and-run accident is already a stressful and traumatic experience. By retaining an attorney, you can focus on your physical and emotional recovery while knowing that a professional is handling the legal aspects of your case. Retaining a lawyer can provide peace of mind and help you avoid feeling overwhelmed by the legal process.
Types of Recoverable Losses in a Hit-and-Run Accident Case
In a hit-and-run accident case, victims often face the challenge of seeking compensation when the responsible driver is either unidentified or uninsured. Fortunately, through an uninsured motorist (UM) claim, victims can still recover compensation for their injuries and damages. The compensation available in these cases may cover a wide range of losses – both economic and non-economic. Below are the most common types of recoverable damages in a hit-and-run accident case, especially through an uninsured motorist claim.
Medical Expenses: One of the most significant losses in a hit-and-run accident case is medical expenses. These expenses include the cost of emergency room visits, hospital stays, surgeries, doctor’s appointments, physical therapy, and prescription medications. Even if the hit-and-run driver is not found or does not have insurance, your own uninsured motorist coverage may cover these medical costs. This compensation ensures that victims are not left financially burdened with the medical care required to treat injuries sustained in the accident.
Lost income: Victims of hit-and-run accidents often experience time away from work due to their injuries. Lost earnings compensation is available to replace the income lost during this period. If the injuries are severe enough to cause long-term disability or require ongoing medical treatment, victims may also seek compensation for future lost earnings. This compensation can be especially important for individuals who are unable to return to their jobs or who need to take on a less demanding role due to their injuries.
Pain and Suffering: In addition to economic damages, victims may be entitled to compensation for pain and suffering. This type of damage includes the physical pain the injuries caused, as well as emotional distress such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident. Pain and suffering damages are often difficult to quantify, but they play an important role in compensating victims for the lasting repercussions the accident has on their quality of life.
Property Damage: Hit-and-run collisions typically cause damage to the victim’s vehicle and sometimes other personal property. Compensation for property damage can help repair or replace the vehicle, ensuring that the victim does not bear the financial burden of the crash. If the responsible driver cannot be identified or is uninsured, your own insurance policy’s UM coverage may provide compensation for these damages.
Emotional Distress and Loss of Life Enjoyment: Emotional distress compensation can help victims deal with the psychological toll of a hit-and-run accident, including anxiety, fear, or loss of life enjoyment due to the injuries sustained.
Speak to an Experienced Motor Vehicle Accident Lawyer Today
If you recently sustained injuries in a hit-and-run collision, an experienced attorney can be an invaluable help. Your personal injury lawyer at the Robinette Legal Group, PLLC will handle every step of the claims process for you and pursue the maximum compensation available to you for your injuries.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
