Hiring a Lawyer for a Hit and Run Car Accident

A hit and run car accident can turn lives upside down in an instant. In many situations, seeking help from hit and run accident lawyers can be the difference between struggling alone and securing compensation. The right approach, supported by knowledgeable hit and run accident lawyers, can offer hope for victims seeking resolution.

The Morgan Law Group works with individuals in California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas to address these incidents and pursue fair outcomes. Understanding why and how to hire hit and run accident lawyers may help you decide the best way forward after one of these serious collisions.

What Constitutes a Hit and Run Car Accident?

A hit and run car accident refers to a situation in which one driver collides with another vehicle, pedestrian, or property and leaves without providing personal information or rendering aid to any injured parties. Each state has statutes detailing what a driver should do after a collision, such as stopping immediately, notifying authorities, and offering help to anyone injured. Failing to comply with these requirements often leads to criminal charges.

Common reasons drivers flee the scene include: 

• Panic or Fear of Legal Consequences: Some drivers fear the penalties for driving under the influence, lacking insurance, or being at fault. They leave to avoid immediate confrontations with law enforcement.
• Lack of Insurance Coverage: Drivers without sufficient insurance coverage may attempt to evade financial liability by driving away.
• Suspension or Revocation of License: If a driver does not have a valid license, they might flee because they worry about the criminal penalties that may follow.

Regardless of the reason, the driver’s flight complicates a victim’s ability to obtain compensation. When an at-fault driver is not identified, victims often rely on their own insurance policies or pursue claims through alternate routes. This is when hit and run accident lawyers can be valuable.

Reasons to Hire Hit and Run Accident Lawyers

Having legal representation can make a considerable impact on the outcome of a hit and run car accident claim. 

Hit and run lawyers often:

• Investigate Thoroughly: Investigating a hit and run typically involves reviewing police reports, consulting with accident reconstruction experts, gathering video evidence (such as surveillance footage), and interviewing witnesses. An in-depth investigation might uncover clues about the fleeing driver.
• Manage Communication with Insurers: Communicating with insurance companies can be overwhelming for victims still recovering from injuries. Hit and run accident lawyers can handle these discussions, ensuring that no statements are made that might weaken your claim.
• Assess Damages Accurately: Accident-related costs can include present and future medical expenses, rehabilitative therapy, lost wages, loss of future earning capacity, emotional distress, and more. Lawyers who handle hit and run cases frequently can identify all possible avenues for compensation.
• Pursue Legal Action if Necessary: If negotiations with the insurance company fail, filing a hit and run car accident lawsuit may be required. Lawyers can prepare the necessary legal documents, file them on time, and represent clients in the courtroom.
• Offer Guidance on State Laws: Different states have varying deadlines to file personal injury lawsuits (statute of limitations) and different requirements for awarding certain damages. Seeking help from hit and run lawyers familiar with your state’s laws can ensure your claim is handled appropriately.

Legal Responsibilities of Drivers After a Collision

Every state has some version of a “duty to stop” law.  For instance, Florida Statute §316.065 governs reporting a car accident involving property damage, injuries, or death.

Although the specific code sections vary, the requirements generally include:

• Stopping at the location of the collision
• Providing identification, license, and insurance information
• Calling for medical assistance if necessary
• Notifying law enforcement when injuries or significant property damage occur

Drivers who violate hit and run laws often face criminal charges, but victims may also pursue civil claims for personal injuries and property damage with the help of hit and run lawyers.

Criminal and Civil Consequences for the At-Fault Driver

Victims in a hit and run car accident should know that the fleeing driver could face both criminal penalties and liability for damages. Although criminal prosecution of the driver may lead to fines or imprisonment, it does not automatically secure compensation for the victim. Civil proceedings, however, are designed to address damages such as medical costs, lost income, and non-economic losses.

Criminal Penalties

• Misdemeanor or Felony Charges: Many states categorize leaving the scene as either a misdemeanor or felony, depending on injury severity or property damage.
• Fines and Imprisonment: Convictions may lead to fines, jail time, or both. In states such as Florida or California, the penalties can be significant, particularly if the collision involves serious bodily injury.
• License Suspension: Fleeing the scene often triggers a mandatory suspension or revocation of driving privileges.

Civil Liability

• Compensation for Damages: The at-fault party can be held accountable for costs tied to the collision. This includes medical fees, property damage, lost wages, and pain and suffering.
• Potential for Punitive Damages: Some states allow punitive damages in cases where the at-fault party’s conduct is seen as especially reckless.

When the driver cannot be identified, insurance-based claims may become a primary focus. Hit and run accident lawyers often explore uninsured/underinsured motorist coverage, medical payments coverage, or other options.

What to Do After a Hit and Run Car Accident

Stepping away from the immediate shock of a hit and run car accident can be difficult. However, certain actions can help protect your interests and strengthen your potential personal injury claim.

• Notify Law Enforcement: Report the incident to the police. An official record may be useful in locating the offender, filing an insurance claim, and establishing the circumstances of the collision.

• Gather Information: Write down any details you recall. This may include the color, make, or model of the fleeing vehicle, license plate digits, and the direction in which the driver fled. Witness statements and contact information can also be essential.

• Document the Scene: Capture photos of your vehicle damage, any visible injuries, skid marks, and the overall layout of the crash site. This visual record is often helpful in supporting your account of events.

• Prioritize Medical Care: Seek immediate medical attention, even if your injuries seem minor. Some issues manifest over time and may worsen if left untreated.

• Track Expenses: Retain receipts and invoices for any costs linked to medical care, vehicle repairs, rental car use, or other expenses. Organized documentation can streamline the process for your hit and run lawyers to calculate damages.

Implementing these steps can help strengthen your position when seeking compensation for a hit and run car accident.

Compensation in a Hit and Run Car Accident Claim

The goal of a hit and run car accident claim is to make the injured party financially whole to the extent possible. 

Recoverable damages often fall into two main categories:

Economic Damages

• Medical Bills: Including emergency services, hospital stays, medication, surgeries, physical therapy, and future care needs
• Lost Wages: Covering time off work due to injuries and potential loss of future earning capacity
• Property Damage: Compensation for vehicle repairs or replacement

Non-Economic Damages

• Pain and Suffering: Physical pain, emotional distress, and loss of enjoyment of life
• Permanent Impairment: Effects on daily life from long-term or permanent injuries

In certain cases, punitive damages might also be pursued if the driver’s behavior is considered especially egregious. However, punitive damages are not awarded in every case and often require a higher burden of proof.

Working with Insurance Companies in a Hit and Run Car Accident

A fleeing driver may never be identified or located. Even if found, they may not have enough insurance coverage to fully compensate the victim. 

Insurance plays a major role in many of these cases:

Uninsured/Underinsured Motorist Coverage

• Filing a UM/UIM Claim: If the driver remains unknown or lacks adequate coverage, a victim may rely on their own UM/UIM policy. Several states mandate that insurance companies offer such coverage, though drivers may reject it in writing.
• Proving the Collision Was a Hit and Run: Insurance companies often want evidence of the collision details. A police report, photos, and witness statements can demonstrate that another driver caused the crash but fled.

Collision or Personal Injury Protection (PIP) Coverage

• Collision Coverage: This can pay for repairs to your vehicle, minus any deductible, regardless of who caused the incident.
• PIP Coverage: For instance, Florida Personal Injury Protection coverage pays a portion of medical bills and lost wages. In hit and run cases, PIP may serve as a critical source of immediate funds.

Challenges and Disputes

• Denial of Claims: Insurance providers could deny a claim, argue about the extent of damages, or dispute coverage limits.
• Delayed Payments: Claims may take considerable time to process, especially if insurers suspect fraud or demand additional documentation.

Since insurers often look out for their own bottom line, it may help to discuss your situation with hit and run accident lawyers who know how to gather evidence, calculate losses, and push for fair settlements.

Legal Considerations for Hit and Run Car Accidents

Although the broad principles of personal injury law remain consistent, there are subtle differences in how hit and run car accident claims are handled across states. 

• Contributory Negligence (North Carolina): North Carolina follows a contributory negligence rule, which can bar a victim from recovery if they are found even slightly at fault for the incident.

• Comparative Fault (California, Colorado, Florida, Louisiana, Mississippi, Tennessee, Texas): Some states use a modified comparative fault system that reduces the victim’s compensation by their percentage of fault. If a victim is 20% at fault, they might only recover 80% of the total damages.

• No-Fault Insurance (Florida): Florida’s PIP system requires drivers to seek compensation from their own insurance for medical expenses regardless of fault, up to policy limits. PIP can be essential in hit and run car accident claims.

Understanding these nuances can shape the strategy for pursuing a claim. Hit and run accident lawyers can evaluate each jurisdiction’s rules, gather evidence of fault, and determine if shared responsibility or special insurance rules apply to a case.

Finding the Right Hit and Run Accident Lawyer

When looking for someone to represent you, consider the following factors:

• Focus on Personal Injury: Lawyers who handle personal injury cases on a regular basis are often well-versed in procedures and tactics that serve clients effectively.
• Reputation and Reviews: Client testimonials or reviews might shed light on how a law firm handles cases and communicates with clients.
• Willingness to Litigate: Not all cases require a trial, but ensuring your legal team is prepared to go to court can encourage fair treatment from insurance companies.
• Clear Communication: A lawyer’s ability to keep you updated and explain legal concepts can reduce stress and help you make informed decisions.

Since states have varying laws, a team with experience across multiple jurisdictions may be valuable if you were injured away from your home state or if your accident involved out-of-state drivers.

Hit and Run Accidents Frequently Asked Questions 

1. What if the at-fault driver is never found?

If the driver remains unidentified, you may still pursue compensation through your own insurance policies, such as uninsured motorist coverage. This often requires proof that another driver caused the collision before disappearing.

2. How long will my claim take?

Each case is unique. Simple claims may settle within months, while disputed claims or those requiring litigation might last a year or more. Factors influencing the length include the severity of injuries, cooperation of witnesses, insurance investigations, and court schedules.

3. Should I speak to the other driver’s insurance adjuster?

It is wise to be careful when speaking to any insurance representative, especially if the at-fault driver has been identified. Statements you make could be used against you. Many prefer to have hit and run accident lawyers communicate on their behalf.

4. How important is a police report?

A police report can help establish key details, such as the date, time, location, and any immediate observations by officers. It is often considered an essential piece of evidence, though it is not the sole factor in determining fault.

Our Hit and Run Accident Lawyer at The Morgan Law Group Is Ready to Represent You

Even though the at-fault driver may have fled the scene, it is still possible to seek justice for injuries and other losses. The Morgan Law Group stands ready to help those in California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas who have been hurt in a hit and run car accident. 

Call us at (800) 551-0554 or answer our online form to schedule your free case evaluation.