Anyone involved in a hit-and-run accident has two key priorities: call the police and contact a car accident lawyer. These two acts can help to protect the impacted party and their legal right to compensation.
However, there are a lot more things that drivers can do to ensure the success of a personal injury claim or lawsuit.
At Berry Law, we strive to provide comprehensive and compassionate legal support that allows those involved in a hit-and-run to confidently pursue all available legal options.
Our goal with this learning resource is to provide detailed insight that ensures drivers know how to protect themselves in the event of a hit-and-run accident.
What do I do after a hit-and-run accident?
If you’re involved in a hit-and-run, follow these steps:
- Call the Police
- Seek Medical Attention
- Gather Evidence
- Contact a Lawyer
What is Considered A Hit-And-Run Accident?
A hit-and-run is when an at-fault driver leaves the scene of an accident without providing their information or assisting injured parties. However, this isn’t the only type of accident that can be considered a hit-and-run.
Accidents involving parked cars and property are also classified as a hit-and-run if the driver fails to leave their information for the property owner.
In reality, anytime someone flees the scene of an accident, which happens more than one would expect, they risk serious civil and legal consequences regardless of who or what was hit.
What Causes Hit-And-Run Accidents?
Hit-and-run accidents can happen for a variety of reasons, but some of the most common factors include:
- Intoxication or driving under the influence of drugs or alcohol
- Unlicensed drivers who are not legally permitted to operate a vehicle
- Reckless driving or speeding
- Distracted driving, such as texting or using a cell phone while behind the wheel
- Fear of facing legal consequences, such as having no insurance or a suspended license
Regardless of the reason, fleeing the scene without taking proper precautions and leaving information for the affected parties is never a legally acceptable option.
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How Should I Handle A Hit-And-Run Accident?
Though the claims process may be more complicated in a hit-and-run accident, it is important to follow the same steps as any other car accident:
- Call the police immediately. The first step after any car accident is to call the police and report the incident. This will ensure a police report is filed, which can later be used as evidence in a personal injury claim. Additionally, police may be able to track down the at-fault driver if they fled the scene.
- Seek medical attention. If anyone involved in the accident has sustained injuries, seek medical attention immediately. Even if injuries seem minor, visit a doctor as soon as possible. This provides more credible documentation of accident injuries that you can use during the claims process.
- Gather evidence. Try to gather as much information about the accident as possible, including photos of the scene and any damage to a vehicle or property. It is also wise to speak to accident witnesses to see if they saw a license plate number, car make and model, or the driver.
- Contact a car accident lawyer. Resolving a hit-and-run accident with insurance companies can be complex, considering there may not be a clear at-fault party. A car accident lawyer can help navigate the claims process and ensure maximum compensation from all available avenues.
Following these steps can greatly increase the chances of a successful personal injury claim or lawsuit.
What Are My Legal Options After A Hit-And-Run?
Pursuing legal action after a hit-and-run may seem pointless or even impossible.
However, there are still options available to Nebraska drivers who have been impacted, such as:
- Filing an Uninsured Motorist Claim: Nebraska requires drivers to carry uninsured motorist coverage, which can provide compensation for damages and injuries caused by an unidentified or uninsured driver.
- Filing a claim through PIP: Personal injury protection is an optional yet highly beneficial coverage that pays for medical expenses and lost wages after a car accident. It can help cover any damages and injuries sustained in a hit-and-run that are not covered by Uninsured Motorist insurance.
- Filing a personal injury claim: If the at-fault driver is found, injured parties may be able to file a claim against that driver’s insurance company. This claim could include compensation for medical expenses, lost wages, and pain and suffering.
- Filing a personal injury lawsuit: If someone locates the at-fault driver but they lack sufficient insurance coverage, the victim can file a personal injury lawsuit to seek compensation for damages and injuries from the accident.
One or more of these options may be available depending on the specific circumstances of the hit-and-run accident.
The best way to understand the most appropriate legal option is by scheduling a free case evaluation with an award-winning car accident lawyer in Nebraska.
What Are The Penalties For A Hit-And-Run Accident?
The penalties for a hit-and-run accident vary depending on the severity of the incident and any previous offenses.
In Nebraska, leaving the scene of an accident can result in fines ranging from $500 to $1,000 and up to six months in jail. If injuries or fatalities are involved, these penalties can increase significantly.
Additionally, those found guilty of a hit-and-run may face civil lawsuits seeking compensation for damages and injuries caused by their actions.
What Happens If I Fled The Scene Of An Accident?
Courts consider the reasons for leaving the accident scene when determining penalties. For example, if one driver fled due to medical emergencies or fear of their safety, the penalties may be less severe.
Only by consulting a legal professional can drivers fully understand their rights and options after a hit-and-run accident. It is never too late to take responsibility and seek legal guidance to handle the situation appropriately.
How Do I Find The At-Fault Driver Of A Hit-And-Run Accident?
It is never wise to seek out the at-fault driver in a hit-and-run accident alone.
Instead, it is more effective and safer to work with the police and a car accident lawyer to gather any available evidence and track down the responsible party.
This is often done by collecting:
- Surveillance footage from nearby businesses or traffic cameras
- Vehicle debris left at the scene
- Social media posts or messages that may lead to identifying the driver
Professionals can ensure proper legal procedures and gather admissible evidence for court.
What Damages Can I Recover In A Hit-And-Run?
Hit-and-run accident survivors may be able to recover damages for:
- Medical expenses: This includes any current and future medical costs related to injuries sustained in the accident, such as doctor visits, surgeries, medications, and physical therapy.
- Filing a personal injury lawsuit: If someone locates the at-fault driver but they lack sufficient insurance coverage, the victim can file a personal injury lawsuit to seek compensation for damages and injuries from the accident.
- Pain and suffering: A hit-and-run accident can also cause emotional distress and mental anguish. Injured parties may be able to seek compensation for these non-economic damages as well.
An experienced personal injury lawyer can help assess the full extent of damages to ensure that affected parties receive maximum compensation.
Why Do I Need A Hit-And-Run Accident Lawyer?
Hit-and-run accidents are traumatic and unpredictable events that can leave those impacted unsure of their legal options.
Navigating the complex legal process alone may result in missed opportunities for compensation and a lower chance of successful outcomes.
A hit-and-run accident lawyer has the knowledge and experience to handle all aspects of the case, including but not limited to:
- Gathering evidence and identifying the at-fault driver
- Negotiating with insurance companies for maximum compensation
- Representing clients in court if necessary
Because these actions are difficult to perform when accident injuries keep drivers from living a normal life, working with a lawyer can greatly alleviate stress and increase the chances of receiving proper compensation.
What To Do After A Hit-And-Run Accident FAQ
How often do hit-and-run accidents occur?
Conservative estimates suggest that a driver flees the scene of an accident every 43 seconds. This alarming rate highlights the importance of taking precautions and seeking legal guidance in the event of these accidents.
Who is most likely to be in a hit-and-run Accident?
Studies show that young males with a history of DWI or license suspension are the most likely to be the perpetrators in a hit-and-run Accident. However, drivers who assume they’ll evade capture or dread severe penalties often commit hit-and-run offenses.
When should I report a hit-and-run accident?
It is crucial to report a hit-and-run accident immediately. Waiting too long may result in limited evidence or witnesses coming forward, making it harder for law enforcement to track down the at-fault driver. It may also damage a case for compensation with insurance providers or in court.
How much is a hit-and-run accident case worth?
The value of these cases varies based on the severity of damages and injuries sustained. However, hiring a hit-and-run accident lawyer increases the chances of recovering maximum compensation through a personal injury claim or lawsuit.
I received a settlement offer from my insurance company for a hit-and-run. Should I take it?
It is best not to accept any settlement offers from insurance companies without consulting a lawyer first. Insurance providers often offer lower settlements than what impacted drivers deserve, aiming to save money. hit-and-run accident lawyer can evaluate the offer and negotiate a settlement appropriate to sustained damages and losses.
What Do I Do After A Hit-And-Run Accident? Call Berry Law For Award-Winning Legal Support.
Understanding the steps to take after a hit-and-run accident can be overwhelming, especially when dealing with injuries and damages. Therefore, it is crucial to seek legal guidance from a trusted car accident lawyer as soon as possible.
At Berry Law, our experienced team of personal injury lawyers has a proven track record of success in handling hit-and-run accidents and helping clients receive the compensation they deserve.
To begin pursuing a personal injury claim, schedule a case evaluation with our car accident lawyers.