Behind the wheel, a little knowledge goes a long way as you navigate the rules of the road. If you’ve been driving for a while, chances are you’ve developed a basic understanding of the law. Similarly, in the world of beer, even a foundational knowledge of brewing techniques, ingredients, or the craft beer industry can empower enthusiasts to make more informed choices. Knowing your rights whether on the road or in a brewery can give you the confidence to take charge, it can be about selecting the perfect beer or representing yourself when you’re not the at-fault driver.
Unfortunately, some cases aren’t always clear-cut. Take hit-and-run accidents, for instance. If the other driver runs, it’s right to assume that they are at fault. It’s also right to assume that they should be held liable for all damages. But where do you go from there?
The only viable option is to file a claim against them. However, like most personal injury cases, you’re not always assured of winning. That’s where personal injury lawyers come in. Personal injury lawyers can help with hit-and-run cases by providing expert advice and representing you in court if need be.
Understanding Hit-and-Run Accidents
As the name implies, hit-and-runs occur when a driver involved in the accident leaves the scene without contacting the other parties involved.
As with most car accidents, hit-and-runs aren’t always intentional. They are accidents that can happen at any point on the road to anyone, including motorists, pedestrians, and cyclists. However, though unintentional, a driver still doesn’t have the right to flee the scene before a proper investigation.
As such, hit-and-run accidents can have severe legal ramifications for the at-fault driver. Not only is it morally wrong to leave the scene without checking on the other people involved; but it is also illegal in most jurisdictions.
Depending on the damage and the circumstances leading to the accident, perpetrators could face both civil and criminal charges, including reckless driving, failure to render aid, and, in some extreme cases, vehicular manslaughter.
This also means hit-and-run accident victims can file a civil lawsuit against the perpetrator seeking compensation for lost wages, medical bills, emotional distress, and much more.
Legal Options for Hit-and-Run Accident Victims
Hit-and-run accident victims are entitled to compensation. There are two ways to go about this. They can either:
Sue the Driver
As a basic rule of thumb, you should call law enforcement immediately after an accident. The police typically perform a swift investigation to identify the driver so that they may be held liable for their actions.
In cases where the perpetrator has been identified, victims can seek compensation by filing a lawsuit against the perpetrator or settling with the driver’s insurance company.
However, there’s always a good chance the at-fault driver may never be identified. This can often be the case in accidents involving drivers who were impaired by alcohol. These drivers may flee the scene out of fear of being caught and facing DUI charges. While drunk driving is a significant issue on its own, hit-and-run accidents caused by impaired drivers highlight the dangers of mixing alcohol and irresponsibility behind the wheel.
- Utilize your uninsured or underinsured motorist coverage: Some car insurance policies include coverage for drivers with insufficient or no insurance coverage. Fortunately for you, this categorization also falls within the realm of hit-and-run accidents.
- Utilize your MedPay coverage: If your car insurance policy also includes medical coverage, it may help cover medical expenses for you as well as any other person who was with you in the vehicle.
Make a Claim on Your Insurance Company
This is especially applicable when the at-fault driver cannot be found. At this point, victims have no other option but to turn to their own insurance providers. Unfortunately, insurance companies have a tendency to limit claims or even deny them altogether, especially if you don’t have a strong case.
That said, provided you gathered some evidence after the crash and filed a police report, a personal injury lawyer can fight hard to ensure you are not shortchanged.
What Can a Hit-and-Run Accident Lawyer Do for You?
Hit-and-run accidents are very complex. Besides the obvious issue of finding the at-fault driver, you also have to navigate the complexities of personal injury cases. That’s why it’s always advisable to have an experienced hit-and-run accident lawyer by your side. An experienced attorney can help with several aspects of your case, including:
Investigating the Accident
The other driver may have run from the scene, but were they responsible for the crash? To get successfully compensated, you must be able to prove, beyond a reasonable doubt, that the fleeing driver was responsible for the crash.
Before a lawyer even takes your case, they will first examine the circumstances leading to the crash to determine whether you have a strong case. This might include everything from examining your evidence to working with law enforcement and collaborating with experts.
Collecting Evidence
Pursuing a successful personal injury claim comes down to your evidence. While you may have collected some evidence at the scene, your lawyer can go a step further by gathering certain pieces you may have missed. For instance, your lawyer can collect:
- Physical evidence from the scene
- Witness statements
- Pictures and videos from nearby CCTV cameras
- Accident reports from the police
Identifying the Perpetrator
Identifying a hit-and-run driver is difficult, especially in the absence of any witnesses. However, this will not deter your lawyer from trying to find them. By collaborating with the police and private investigators, hit-and-run accident lawyers can perform a comprehensive investigation to identify and locate the at-fault driver.
Negotiating on Your Behalf
Insurance companies, like any other business, do their best to protect their profit margins. Unfortunately, for hit-and-run accident victims, this means getting unfairly compensated or having their claims denied.
Experienced hit-and-run accident lawyers know how to negotiate with insurance companies. As such, they can help negotiate a more favorable settlement.
Representing You in Court
If the negotiations don’t push through, you may need to file a lawsuit or proceed to trial. In this scenario, your lawyer does everything for you, including filling the claim and representing you in court. They can also help strengthen your case by consulting with expert witnesses who can help recreate the scene and prove fault.
Hire an Experienced Hit-and-Run Attorney
Despite being morally and legally wrong, hit-and-run accidents are all too common. In fact, they account for nearly 1 in 5 pedestrian fatalities. Unfortunately, many of these accidents involve drivers who may have been under the influence, highlighting the dangers of irresponsible alcohol consumption.
However, with proper representation, you can significantly increase your chances of tracking down the at-fault driver and getting fairly compensated.