When the at-fault driver leaves the scene of an accident, a skilled lawyer can help victims navigate the legal process and seek compensation. First, they will gather important evidence, such as surveillance footage, witness statements, and police reports, to help identify the driver. If the driver is not found, the lawyer can file an uninsured motorist (UM) claim with the victim’s insurance company.
A lawyer also negotiates with insurance companies to ensure the victim receives fair compensation for lost earnings, pain and suffering, and other damages. If the insurer refuses a fair settlement, the lawyer can file a lawsuit and represent the victim in court. With extensive legal knowledge and experience, a skilled motor vehicle accident lawyer maximizes the chances of recovering favourable compensation after a hit-and-run accident.
Common Injuries in Hit-and-run Collisions
Hit-and-run accidents can cause serious and sometimes life-threatening injuries. When a driver flees the scene, victims may be left without immediate medical attention, which can worsen their condition. The severity of injuries depends on factors such as speed, the point of impact, and whether the victim was in a vehicle, on a bicycle, or walking.
One of the most dangerous injuries in a hit-and-run crash is a traumatic brain injury (TBI). If a person’s head strikes the pavement, a car, or another object, they may suffer a concussion, skull fracture, or brain swelling. A concussion can lead to memory problems, dizziness, and headaches, while more severe TBIs can cause long-term cognitive and physical disabilities.
The force of a hit-and-run crash can also severely damage the victim’s spine, potentially causing paralysis. A broken vertebra or a herniated disc may result in chronic pain or loss of movement in parts of the body. In the worst cases, victims may suffer paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs).
Fractures are also common in hit-and-run accidents, especially in the arms, legs, ribs, and collarbone. A pedestrian or cyclist may suffer multiple broken bones if they are hit directly by a car. In severe cases, surgery and months of rehabilitation may be necessary for recovery.
A hit-and-run accident can also cause internal bleeding or damage to vital organs such as the liver, kidneys, or lungs. These injuries may not be immediately visible but can be life-threatening without prompt medical care. Glass from shattered windows, metal debris, or rough pavement can cause deep cuts and lacerations. These wounds may lead to infections or significant scarring if not treated properly.
Moreover, whiplash occurs when the victim’s head is suddenly jerked forward and backward, causing strain to various muscles and ligaments in the neck. Soft tissue injuries, such as torn ligaments and bruising, can lead to long-term pain and restricted movement.
Hit-and-run accidents leave victims with not only physical injuries but also emotional trauma. Seeking ongoing medical help and legal assistance is crucial for recovery and justice.
Most Frequent Ways that Hit-and-run Drivers Cause Accidents
Hit-and-run accidents occur when a driver causes a crash and then flees the scene without providing assistance or information. These incidents can result in serious injuries and property damage. Hit-and-run drivers often cause accidents due to reckless behaviour, panic, or fear of legal consequences.
First, excessive speeding reduces a driver’s ability to react to sudden changes in traffic or road conditions. A speeding driver may lose control of their vehicle and crash into another car, a pedestrian, or a cyclist. High-speed crashes often result in T-bone collisions, rear-end accidents, or pedestrian knockdowns, all of which can cause severe injuries or fatalities.
Moreover, drivers who are texting, talking on the phone, or engaging in other distractions are more likely to cause accidents. A distracted driver may fail to notice traffic signals, pedestrians, or stopped vehicles, leading to rear-end crashes, sideswipes, or pedestrian accidents. If they realize their mistake too late, they may flee the scene to avoid facing consequences.
Additionally, alcohol or drug impairment slows reaction time, affects judgment, and reduces coordination. An impaired driver may swerve out of their lane, ignore traffic signals, or crash into parked cars. Common accident types resulting from drunk drivers include head-on collisions, hit-and-run pedestrian accidents, and single-vehicle crashes where they hit property. Fear of DUI charges often leads these drivers to flee.
Hit-and-run accidents can also occur when a driver fails to yield the right-of-way at intersections, crosswalks, or when merging onto highways. This can result in T-bone accidents, pedestrian strikes, or bicycle collisions. These crashes are especially dangerous because the victim may be unprotected and suffer serious injuries.
Disregarding traffic signals is another major cause of hit-and-run crashes. A driver running a red light may slam into another vehicle or a pedestrian crossing legally. These actions often lead to side-impact crashes (T-bone collisions) or pedestrian fatalities.
In addition, drivers who change lanes without signalling or weave through traffic can sideswipe other cars or push vehicles off the road. Sideswipe accidents and road departure crashes are common results.
Important Steps to Take When a Negligent Driver Leaves the Crash Scene
A hit-and-run accident can be a terrifying experience, leaving victims injured and uncertain about what to do next. When a negligent driver flees the scene, taking the right steps to protect your health, gather evidence, and seek legal assistance is crucial. Below are the most important actions to take after a hit-and-run crash.
- Follow All Medical Treatment Recommendations: Your health should be your top priority. Even if your injuries initially seem minor, some symptoms may appear later. Seeking ongoing medical attention ensures proper diagnosis and treatment. Following your doctor’s recommendations – such as attending follow-up appointments, taking prescribed medications, and undergoing physical therapy – can prevent complications and strengthen your legal case by proving the extent of your injuries.
- Request That a Police Report Be Prepared: A police report serves as an official record of the incident, which is essential for insurance claims and legal action.
- Obtain a Copy of the Police Report and Medical Records: Having copies of the police report and medical records is essential when pursuing compensation. The police report can help to establish fault and document the circumstances of the accident, while medical records prove the severity of your injuries. These documents will be crucial if you need to file a UM claim or take legal action through the court system.
- Speak to a Knowledgeable Motor Vehicle Accident Lawyer: A skilled motor vehicle accident lawyer can navigate the complicated legal process for you after a hit-and-run accident. Since the at-fault driver is unknown or may not have insurance, your lawyer can file a UM claim with your insurance company. If the insurer refuses to offer fair compensation, your lawyer can negotiate on your behalf or take the case to court if necessary.
- Legal Action: Filing a Claim or Lawsuit: If your insurance company does not provide fair compensation, your lawyer can file a personal injury lawsuit against the hit-and-run driver if they are later identified. A UM claim can help cover lost income and other related damages if the driver is never found. Your lawyer will handle negotiations and fight for the compensation you deserve.
These steps ensure you protect your rights, receive proper medical care, and maximize your chances of obtaining fair compensation after a hit-and-run crash.
Elements of Proof in a UM Claim Where the At-fault Driver Leaves the Scene
When a negligent driver leaves the scene of an accident, victims are often left struggling with lost income and other significant damages. If the at-fault driver cannot be identified or does not have insurance, filing a UM claim or lawsuit may be the best option for seeking compensation. To successfully recover damages, a victim must prove several legal elements in their claim.
The first step in a UM claim is proving that the accident resulted from a hit-and-run driver. This typically requires evidence such as a police report, witness statements, or traffic camera footage showing that another driver was responsible for the crash but fled the scene.
To recover compensation, the victim must prove that the hit-and-run driver was negligent. Negligence occurs when a driver fails to act with reasonable care, causing an accident. Common examples of negligence include speeding, running a red light, distracted driving, drunk or impaired driving, and failing to yield. Since the at-fault driver is not present to admit fault, the victim’s lawyer may use physical evidence, accident reconstruction reports, and witness testimony to establish negligence.
A successful UM claim or lawsuit also requires medical records and other documentation showing that the victim suffered injuries as a direct result of the accident. Damages may include compensation for lost earnings, emotional distress, and pain and suffering.
The victim must also demonstrate that they have UM coverage in their auto insurance policy. This coverage compensates policyholders when an uninsured or hit-and-run driver causes an accident.
Finally, if the insurance company refuses to pay fair compensation, the victim’s lawyer can negotiate or file a lawsuit. In court, the lawyer will present evidence to prove the at-fault driver’s negligence and the extent of the victim’s injuries.
By proving these legal elements, a hit-and-run accident victim can maximize their chances of receiving fair compensation, even when the negligent driver cannot be found.
What Compensation Can You Recover in a Hit-and-run Accident Case?
Victims of hit-and-run accidents may suffer severe physical, emotional, and financial hardships. When the at-fault driver cannot be found or is uninsured, victims may seek compensation through a UM claim or a lawsuit. Several types of monetary damages may be recoverable. These damages help victims rebuild their lives after such a traumatic accident.
Lost Income
A hit-and-run accident can leave victims unable to work for days, weeks, or even months. If injuries prevent a person from earning their regular income, they can seek compensation for lost income. This includes:
- Paychecks they missed due to being unable to work
- Loss of bonuses, commissions, or tips
- Sick days or vacation time they had to use during recovery
Loss of Earning Capacity
In some cases, injuries from a hit-and-run crash may cause long-term or permanent disabilities that affect a person’s ability to work. If a victim cannot return to their previous job or must work in a lower-paying position due to their injuries, they can pursue compensation for loss of earning capacity. This covers the difference between what they earned before the accident and what they can earn afterward.
Pain and suffering
Pain and suffering compensation covers the physical pain and emotional distress resulting from the accident. This includes:
- Chronic pain from injuries
- Emotional trauma such as anxiety, depression, or PTSD
- Sleep disturbances or nightmares
- Loss of life enjoyment
Because pain and suffering are not tied to a direct financial loss, courts and insurance companies use various methods to determine appropriate compensation.
Emotional Distress
Beyond physical pain, victims of hit-and-run accidents often experience significant emotional distress. Many develop a fear of driving, panic attacks, or severe anxiety as a result of the crash. Compensation for emotional distress is separate from general pain and suffering and may be available if the victim can prove the psychological effects of the accident on their life.
Loss of Consortium
If a hit-and-run accident causes severe injuries that affect a victim’s relationship with their spouse, then the spouse may seek damages for loss of consortium. This covers loss of companionship, intimacy, and emotional support.
By seeking full compensation, hit-and-run victims can recover more than just financial losses. They can also be compensated for the lasting effects the accident has on their lives.
Call an Experienced Motor Vehicle Accident Lawyer about Your Hit-and-run Crash Right Away
If you recently sustained injuries in a hit-and-run accident, you must have a knowledgeable personal injury lawyer on your side as quickly as possible. Your lawyer can determine your legal options and the compensation available to you. They will then pursue a UM claim or lawsuit on your behalf and fight for the compensation you need and the justice you deserve.
Consultations are free, so contact a local law firm now.
