It is difficult to know what to do following a hit and run. When someone cannot bring a claim against the at-fault driver, a person may be left struggling to pay medical bills and for the damage to his or her car.
If you are in this situation, it is important to reach out to a Lincoln hit and run accident lawyer. A detail-oriented car accident lawyer from Berry Law can help you determine your rights and next steps.
Understanding Hit and Run Accidents
Under Lincoln law, a hit and run accident occurs when somebody who has been involved in an accident leaves the scene without waiting for the police or exchanging insurance information. Usually, the person flees the scene due to other legal issues at play. For example, the individual could be driving a car that is not legally registered, he or she could be uninsured, he or she may be under the influence of drugs or alcohol, or he or she could have an outstanding warrant for his or her arrest.
Often, a hit and run accident occurs when a person does not have insurance. The fleeing driver is concerned that if somebody sues them, they are going to be personally liable for the injury.
Unique Factors of Hit and Runs
Hit and run accidents can differ substantially from other car accident cases for several reasons. First, if the injured person is unable to find the other driver, he or she may have to look to his or her own insurance policy for uninsured and underinsured drivers.
Further, in a hit and run accident, the injured person may be able to show the other driver is clearly liable, but there can be other problems that may affect the injured driver’s ability to recover. Most insurance policies have “intentional act” exclusions, meaning that if a person engages in conduct that was intentional, resulting in the injury of somebody else, the accident is not covered. Other problems can occur when the at-fault driver does not have insurance, or they have a suspended or revoked license.
Generally, the damages available in any injury claim are also available in hit and run cases. This includes compensation for both economic and noneconomic losses.
Economic damages are those related to easily quantifiable losses. This can include compensation for:
- Lost wages
- Lost benefits of employment
- Medical bills
- Property damage
For injuries that are unfortunately more severe, injured individuals are entitled to recover damages for noneconomic damages that cover intangible losses such as pain and suffering, loss of mobility, and permanent injury or disfigurement. Ultimately, the damages awarded in a specific claim is at the discretion of the jury.
What Should Someone Do Following a Collision in Lincoln?
The first step a person should take after being injured in a hit and run accident is to call 911. If the driver or passengers do not need immediate medical attention, he or she should report the accident to the police. However, if the driver or a passenger needs immediate medical care, he or she should wait for the ambulance and get treatment right away.
After taking care of necessary treatment and notifying the police of the accident, the injured person should call his or her insurance company to make sure they are aware of the accident. The next step is writing down important information, taking photographs of the accident, and getting contact information of any witnesses. It is also important to reach out to an experienced Lincoln hit and run accident lawyer who can help the driver make sure he or she is taking all the necessary steps.
A Lincoln Hit and Run Accident Attorney Can Help
A Lincoln hit and run accident attorney can be used for a number of ways. Because it is a hit and run accident, the police are going to be involved. An attorney can help the injured driver provide the police with information to find the identity of the other driver. An attorney can also help the injured person deal with his or her own insurance company to make sure all damage to his or her vehicle and injuries are compensated pursuant to the policy. To learn more about how an attorney can help in you, call Berry Law for a consultation.