Legal Options for Victims of Hit-and-Run Accidents

You survived a hit-and-run incident and now you’re uncertain about your next steps?

Hit-and-run accidents cause victims to manage physical injuries and vehicle damage while experiencing intense emotions as the offender escapes from the scene. From 2018 to 2022 more than four million U.S. citizens experienced hit-and-run accidents which led to over 12,000 deaths as recent data shows.

But here’s the good news…

Despite the responsible driver fleeing the scene you retain legal avenues to seek justice and financial recompense.

What You’ll Discover

1. What Defines a Hit-and-Run Accident
2. Steps to Take Immediately After a Hit-and-Run
3. Insurance Coverage Options for Hit-and-Run Victims
4. Legal Remedies When the Driver is Located
5. Compensation You May Be Entitled To
6. An Oregon car crash attorney can provide essential assistance for your case.

What Defines a Hit-and-Run Accident?

Hit-and-run accidents occur when drivers strike pedestrians, vehicles or properties and then escape the scene without sharing their contact details or aiding those hurt.

Victims find these incidents deeply frustrating as the responsible driver intentionally avoids accountability and leaves victims to manage:

• Medical bills for injuries
• Vehicle repair costs
• Lost wages due to recovery time
• In hit-and-run cases victims experience pain and suffering while facing an unclear legal response.

Most hit-and-run accident victims fail to understand that drivers who flee these scenes commit a legal offense throughout the United States. Drivers who leave accident scenes commit a criminal offense which exposes them to severe legal punishment upon apprehension.

From 2012 to 2021 traffic safety researchers reported an alarming 89.4% increase in fatal hit-and-run incidents which rose from 1,469 to 2,783 cases. The rise of this disturbing trend stresses the necessity to understand your legal choices now more than ever.

Steps to Take Immediately After a Hit-and-Run

The initial confusion following a hit-and-run requires prompt correct actions which will greatly affect your chances of damage compensation later.

1. Prioritize Safety First

If possible move to a secure location and examine yourself and passengers for injuries. If anyone is hurt, call 911 immediately.

2. Document Everything

• Capture images of your car’s damage from several viewpoints
• Photograph the accident scene, including road conditions
• Note the exact location, time, and date
• Record all the details you remember about the fleeing vehicle including its color, make, model and any part of the license plate you can recall.

3. Look for Witnesses

Your case benefits from witness testimony since they might have captured details that escaped you. Find witnesses in the vicinity who observed the incident and collect their contact information. Alert witnesses often notice crucial details which helps authorities catch many hit-and-run drivers who victims missed.

4. File a Police Report

**This step is absolutely critical. **

A police report establishes a formal record of the event and launches an investigation process. Your insurance claim might be rejected and your legal options will become more difficult to pursue if you lack proper documentation.

When speaking with police:

• Stick to facts, not assumptions
• Recall and share every detail you have about the driver who fled the scene.
• Request both the copy of the police report and its assigned report number.

5. Notify Your Insurance Company

Reach out to your insurance provider immediately following the accident to report it. Provide truthful and detailed information and ensure you remain factual. Delaying to report accidents could cause problems since some insurance companies require reports within set time frames.

Insurance Coverage Options for Hit-and-Run Victims

You can access multiple insurance options even if the responsible driver remains unidentified.

Uninsured Motorist Coverage

Hit-and-run incidents mainly rely on your primary protection through insurance coverage. The policy covers accidents involving drivers who cannot be identified or those who lack insurance coverage.

Uninsured motorist coverage typically helps pay for:

• Your medical expenses
• Lost wages
• Pain and suffering
• Vehicle damage (in some states)

Personal Injury Protection (PIP)

PIP coverage is mandated by numerous states to handle medical expenses for accident victims without questioning who caused the collision. PIP coverage is a no-fault system which allows you to receive benefits right away even if the hit-and-run driver remains unidentified.

Collision Coverage

This optional coverage provides vehicle repair payments without considering who caused the accident. Collision coverage helps you access immediate repair assistance for your vehicle after a hit-and-run incident by covering costs after you pay the deductible.

Medical Payments Coverage

The supplemental coverage provides payment for medical expenses incurred by you and your passengers regardless of who caused the accident. This supplemental coverage functions together with your health insurance to pay for deductibles and copays.

Safety studies demonstrate that fatal hit-and-run incidents happen more often during nighttime (9.5% of nighttime crashes) than during daytime periods (2.7% of daytime crashes). Comprehensive insurance coverage becomes essential because accidents occur unpredictably.

Legal Remedies When the Driver is Located

You gain access to more legal options once the hit-and-run driver is identified.

Criminal Charges Against the Driver

Running away after an accident becomes a criminal matter especially when people are hurt. The driver may face:

• Misdemeanor charges for property damage only
• Felony charges when injuries or fatalities occur
• License suspension or revocation
• Significant fines
• Jail time in serious cases

Criminal charges serve as punishment for the driver yet they fail to provide direct compensation to you. That’s where civil remedies come in.

Personal Injury Lawsuit

To recover damages that exceed insurance coverage you can initiate a civil lawsuit against the driver who was identified. This is especially important in cases involving:

• Serious injuries requiring extensive treatment
• Long-term or permanent disabilities
• Significant time off work
• Major pain and suffering

Punitive Damages

Victims in hit-and-run cases involving reckless or malicious driving behavior may seek punitive damages from the driver. The purpose of these additional damages is to penalize the offender and discourage others from committing similar acts.

Compensation You May Be Entitled To

People who survive hit-and-run accidents can claim various compensation options.

Economic Damages

These cover tangible financial losses, including:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Property damage
• Rehabilitation costs
• Transportation to medical appointments

Non-Economic Damages

These address intangible suffering:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• PTSD or anxiety following the accident
• Scarring or disfigurement

Wrongful Death Damages

The death resulting from a hit-and-run accident allows family members to seek recovery.

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance
• Emotional suffering of family members

Louisiana experienced the highest rate of fatal hit-and-run incidents per 100,000 people in 2022 with a rate of 1.70, while New Mexico followed with 1.61 according to traffic safety research. The data reveals the extensive reach of this issue and demonstrates the importance of being informed about available compensation options.

Working with an Oregon car crash lawyer can maximize your potential for fair compensation after a hit-and-run.

The process of managing life after a hit-and-run becomes extremely difficult when you are healing from injuries. Getting an experienced car accident lawyer will greatly enhance your ability to achieve fair compensation.

A qualified attorney will:

Conduct a Thorough Investigation

Lawyers utilize multiple resources that assist in tracking down the hit-and-run driver.

• Working with accident reconstruction experts
• Obtaining surveillance footage from nearby businesses
• Interviewing additional witnesses
• Collaborating with law enforcement

Handle Insurance Companies

Insurance companies often try to minimize payments. Your attorney will:

• Your attorney will ensure the timely submission of all essential claims in the appropriate manner
• Negotiate with adjusters
• Prevent you from accepting lowball offers
• Document all your damages properly

Maximize Your Compensation

A skilled attorney can determine the exact worth of your claim through multiple methods.

• Consulting with medical experts about your prognosis
• Calculating future expenses and lost earnings
• Properly valuing pain and suffering
• Finding all possible sources of compensation

Represent You in Court

Your lawyer will file a lawsuit when a reasonable settlement remains unattainable.

• Your attorney must file your lawsuit before the statute of limitations expires.
• Prepare a compelling case
• Handle all court procedures
• Your attorney will present your case before the judge or jury.

When Time Is of the Essence

Hit-and-run claims have unique challenges:

• Victims must file a lawsuit within a period of one to three years depending on the state.
• Insurance companies often resist paying fair compensation
• Evidence disappears quickly

Taking Action

Victims of hit-and-run incidents face special legal difficulties yet still maintain several legal options. Protect your rights through immediate action combined with the expertise of an experienced attorney.

Your insurance coverage offers recovery support even if the driver remains unidentified. Identifying the driver opens up multiple paths to receive compensation.

A hit-and-run driver must face accountability for their actions. Proper legal guidance enables you to receive the rightful compensation you want.