Hit and run victims shouldn’t only rely on law enforcement investigators. Authorities successfully prosecute about 10 percent of hit and run drivers. If the case makes it to court, the burden of proof is very high. Prosecutors must prove the defendant was driving the car and intentionally left the scene of a serious accident. If the court finds the defendant guilty, this verdict doesn’t compensate the victim.
However, hit and run victims can rely on a personal injury lawyer for both justice and compensation. Since they represent victims, personal injury attorneys keep digging until they find sufficient evidence to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Vehicle Collision Injuries
Before we look at the steps to take after a hit and run, let’s examine the injuries in a hit and run case.
Generally, hit and run tortfeasors (negligent drivers) cause catastrophic, life-threatening injuries. These serious injuries include:
- Neck/Spine Injuries: These serious injuries are common even in relatively low-speed collisions, such as parking lot fender benders. The spine is so delicate that a slight amount of force knocks it out of alignment. This misalignment causes a number of serious back and nerve injuries which are difficult to diagnose and treat.
- Broken Bones: These injuries usually aren’t difficult to diagnose, but they are difficult to treat. Car crash broken bones are much worse than accidental fall broken bones, mostly because there’s much greater force. Because of this, car crash broken bones are more likely to be permanent injuries.
- PTSD: About half of car crash victims suffer from Post Traumatic Stress Disorder. Few events are more stressful than a hit and run crash. Extreme stress alters brain chemistry, causing symptoms like depression, anger, hypervigilance, and others that make it hard to function on a day-to-day basis.
Most hit and run drivers flee the scene because they know the chances of being caught and prosecuted are slim, as outlined above.
Steps to Take at the Scene
All parties to an accident, whether they’re at fault or not, have a legal duty to stop, pull over to a safe location, call for help, assist injured victims if possible, and wait for that help to arrive.
Mostly due to staffing issues, many police departments don’t send officers to the scene of a non-injury collision. If that’s the case, the parties to the accident must exchange insurance information, regardless of the extent of damage. We recommend that people redact their addresses and other personal information before they give a stranger their insurance information.
Hit and run victims shouldn’t say anything to anyone except emergency responders. Even then, their answers should be brief and concise. Definitely don’t give a statement to an insurance company representative, other than “I was in an accident and I’ll provide the details later.” After a wreck, an insurance company is the opponent.
Steps to Take Later
Hit and run cases are very complex. Only meet with experienced lawyers. This experience should include trial experience. Only select a lawyer who has a clear vision for the case. This vision should include the evidence needed to prove negligence, the claims and defenses involved, and a ballpark settlement figure. If a lawyer doesn’t check these boxes, keep looking.
Understanding the nature of the claims process is usually the final step. The court process is usually long and complicated, which your attorney should patiently explain to you.
Knowing the steps to follow after a hit and run accident makes a big difference in the outcome of your claim. For a free consultation with an experienced motor vehicle accident attorney, contact Napoli Shkolnik.
