Why do I need to hire a hit and run accident attorney? Nobody wants to ask this question. It means you or a loved one have been injured in an egregious and criminal act. Hit and run accident lawyers are passionate about bringing justice to injured parties, including securing financial compensation for their damages. You should never attempt to pursue a hit and run claim alone, even when dealing with your insurer.
Hit and run cases involve many challenges and require the resources and skills of an experienced attorney. Schedule a free consultation with an experienced hit and run attorney with a sympathetic ear and plan to recover compensation for your losses.
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What Constitutes a Hit and Run Accident?
Hit and run accidents occur when at least one party in the collision flees the scene. That means they drive away without exchanging information, reporting the accident, or checking on or rendering aid to other motorists, bicyclists, and pedestrians. These are criminal offenses that are extremely dangerous and warrant legal action.
Dangers Involved With Hit and Run Accidents
The primary danger of hit and run accidents in society is that a driver can be so negligent as to cause severe harm, injuries, and wrongful death and drive away without qualms. That behavior is abhorrent and bears significant consequences, such as the following:
- Severe injuries and fatalities
- Delayed medical attention for injured parties
- Difficulty identifying the at-fault motorist
- Psychological trauma and emotional distress for the victim
- Challenges in securing compensation for losses and damages
Hit and run crash data shows that these accidents and fatalities are increasing, with an estimated hit and run crash occurring every 43 seconds in America. They are a growing concern and challenging case to navigate without a hit and run accident attorney.
Common Reasons for Hit and Run Accidents
Hit and run accidents generally occur due to fear, causing an at-fault motorist to flee the scene. Research demonstrates that economic and demographic factors also explain why hit and run collisions occur. Common reasons for hit and run accidents are as follows:
- Insufficient Insurance: Motorists are required to carry auto insurance. When they don't, the fear associated with the financial repercussions of a motor vehicle collision causes them to flee.
- Impaired Judgment: The shock and adrenaline of being involved in an auto accident can impair a person's judgment. They may not be thinking rationally and leave without fully thinking things through until after the fact (or at all).
- Driving While Under the Influence: About 27 Americans die daily in drunk driving accidents, and impairment is a significant factor in hit and run accidents. Drug-impaired and drunk driving is already criminal. The fear of understanding the implications of the accident causes motorists to flee.
- Nighttime Driving: Nighttime driving can influence a hit and run in two ways: on the one hand, the dark makes it easier to escape without being detected. On the other hand, a driver's negligence may cause them to hit a person without realizing that's what they've done. For example, someone with night blindness may have known they hit something without realizing what and failed to stop to investigate.
- Legal Consequences: Motorists with a history of traffic violations or those with outstanding warrants may fear the legal repercussions and flee the scene to protect themselves from criminal charges. It's not rational, as they're creating new ones by fleeing.
Regardless of the reason, a hit and run accident is never justified, and you deserve criminal and civil justice for the collision. Consult a hit and run accident attorney to determine your options for legal action.
Options for Legal Action
Depending on the circumstances of your hit and run accident, you may have a few options for seeking justice and financial compensation for your injuries and damages. These legal actions include:
- Pursue a Claim Against the Driver: Your attorney will work with law enforcement to determine whether they found the hit and run driver. If so, that driver might be facing criminal charges, but you also must take civil action. If identified, you can file a claim with the driver’s insurance or file a lawsuit in civil court.
- File an Uninsured or Underinsured Motorist (UM/UIM) Claim: Even if the hit and run driver is never identified, you might file a claim against your personal insurer to recover losses and pain and suffering. UM/UIM coverage is required in many states and optional in others. If you carry it, you may file a claim against your own insurance company for your hit and run accident. You still need to prove someone else’s liability to succeed with this claim.
You may choose to file multiple legal actions after being injured or losing a loved one to a hit and run collision. Speaking to a knowledgeable and experienced hit and run accident attorney will determine your best legal options.
Why You Need to Hire a Hit and Run Accident Lawyer
Hit and run crashes are some of the most challenging because the initial investigation involves trying to find the at-fault driver. The process can be time-consuming and frustrating for accident victims awaiting justice.
You don't want to sit around, waiting for law enforcement to identify them without doing anything, and you don't have to. You need to hire a hit and run accident attorney to speed up the process of at least obtaining financial relief for your medical bills and other losses.
Their immediate benefits include working for contingency, providing peace of mind, and allowing you to prioritize recovery. However, they also investigate the fleeing driver, deal with insurers, determine the value of your claim, negotiate with insurance companies, disburse funds, and litigate cases in court.
Working on Contingency
Contingency arrangements allow anyone to retain legal counsel with two major incentives: they require no upfront or out-of-pocket costs, and lawyers are charge fees if they win your case. In other words, the fee is contingent on them securing financial compensation for your hit and run. Potential lawyers should always clarify their fee structure before hiring them during initial consultations.
Providing Peace of Mind
Attempting to bring a hit and run claim without legal representation is too much for anyone, especially when you're dealing with feelings such as anger and frustration on top of managing treatments for injuries and pain. Having a compassionate and experienced hit and run attorney handle the legal aspects of your case should provide peace of mind and allow you to prioritize your recovery.
Investigating Who the Fleeing Driver Is
Your hit and run accident lawyer aims to determine the sequence of events and identity of the at-fault driver in your collision. To do this, they will thoroughly investigate your hit and run accident by doing the following:
- Gathering and reviewing police reports
- Documenting and gathering evidence from the hit and run accident scene
- Examining your vehicle for evidence, such as paint transfers or other things that may help identify the fleeing vehicle
- Interviewing key witnesses to confirm crucial testimony
- Providing law enforcement with potential license plate numbers collected from witnesses to run through their database and identify the driver
- Reviewing video footage of the accident from traffic cameras, witness cell phones, dashcams, and security cams on commercial or residential structures
Another part of their investigation involves reconstructing your hit and run with accident reconstruction specialists to pinpoint negligence and prove liability. Accident reconstructionists use mathematics, physics, engineering, and other scientific methods to determine the vehicle speeds, angles of impact, and other critical evidence that solidifies your case. They also provide expert testimony before a judge and jury if your case requires filing a civil lawsuit.
Dealing With Insurance Companies
One of the biggest benefits of retaining legal counsel is that they will handle all further communications with insurance companies. Insurance claim adjusters are not your friends, regardless of how sincere they sound on the phone. Their bottom line is saving their company money.
To do that, they will try to get you to do or say anything they can use to deny your claim. Insurers are notorious for pressuring accident victims to give recorded statements, accept quick offers, and accept undervalued claims. You eliminate these tactics by hiring a lawyer. Once you’ve hired a hit and run attorney, they are not permitted to contact you again.
Determining the Value of Your Claim
Before an insurer will settle, your lawyer will determine the value of your claim and send a demand letter. The process involves tallying your economic losses and assigning a value to your pain and suffering. The damages you may recover after a hit and run accident are as follows:
- Healthcare Expenses: Hit and run accidents generally involve extensive healthcare expenses. Injured parties should never bear the brunt of absorbing those costs. You may recover compensation for medical expenses, including emergency services, surgical care, doctor visits, imaging, rehabilitation services, mental health care, and future healthcare costs.
- Property Damages: Any property damages sustained in a hit and run accident are valid for your claim. Property damages include vehicle-related repairs and replacement, car seats, bicycles, scooters, cell phones, clothing, and jewelry.
- Professional Losses: Any work missed due to the hit and run accident incurs professional losses. Income losses can include your wages, salary, commissions, and other earnings. Depending on the severity of your injuries or disability, they may include lost benefits and diminished earning capacity.
- Pain and Suffering: In addition to economic damages, you may be entitled to compensation for pain and suffering. These damages include the physical pain the injuries cause, emotional distress, and psychological trauma, such as post-traumatic stress disorder (PTSD). It also includes physical impairment and disability.
Families who lost a loved one in a hit and run may have the right to file a wrongful death claim to seek compensation for their loved one's final expenses and their pain and suffering. State jurisdiction determines who is allowed to file a wrongful death claim.
Negotiating With Insurance Companies
Once your attorney determines the value of your claim, they will draft and issue a demand letter for your damages. Paying the demand is extremely rare or never occurring. Typically, insurance companies counteroffer with a lowball figure to start negotiations.
Negotiations can involve multiple rounds of counteroffers before all liable parties agree on a settlement. Your lawyer will discuss all offers on the table before rejecting or accepting one.
Disbursing Settlement Funds
The insurance company issues final compensation to your hit and run attorney. After your lawyer collects their contingency, they will negotiate with medical providers to reduce the costs of your healthcare bills. After negotiations, they will pay medical liens placed against your settlement while waiting for payment and then issue you a check for the remaining funds.
Litigating Your Case in Court
If your hit and run accident attorney and the insurance company cannot agree on a reasonable settlement, they may file a civil lawsuit to recoup your losses. Litigation can be time-consuming depending on the severity of your injuries and the complexity of your case. If your case requires trial, your lawyer will handle the following:
- Discovery Phase: During the discovery phase, each party gathers additional information and evidence to present at trial. They may take depositions of all parties involved in the cases, eyewitnesses, and expert witnesses. Parties can also submit interrogatories (questions) that must be answered under oath.
- Settlement Negotiations: The parties may enter settlement negotiations before or after pre-trial motions and hearings. Many hit and run lawsuits settle after parties discover more about the evidence the other party has to present at trial.
- Pre-Trial Motions: Pre-trial motions may include admissibility of evidence, testimony from witnesses, and expert testimony.
- Trial: Your lawyer will present evidence first, followed by the defense presenting its case. Both lawyers make closing statements before the judge and jury. The jury decides to award or deny compensation.
If either party disagrees with the verdict, they can file post-trial motions to overturn it or file an appeal. Your lawyer will walk you through this process if your case reaches this stage (which is unlikely). Appeals can take years to complete through the legal system.
Hire a Hit and Run Accident Attorney
If you or a loved one are a victim of a collision where the driver fled the scene, you need to hire a qualified hit and run accident lawyer to handle your case. You'll want to discover a strategy to recover financial compensation for your damages. Schedule a free case evaluation.