I Was Involved in a Hit and Run. Do I Still Have a Case?
It’s common to feel overwhelmed and unsure whether you have a case following a hit-and-run accident. But don't worry—even if the other party fled the scene, you still have a case if you choose to pursue it.
At Torres Law Firm, we are experienced in handling hit-and-run cases and will work hard to help you through the process of gathering evidence and filing a claim for compensation. From understanding the basics to exploring Texas laws and knowing your legal options, we've got you covered.
Understanding Hit and Run Accidents
A hit-and-run occurs when a driver involved in an accident leaves the scene without providing contact information or assisting the injured parties. These accidents can involve pedestrians, cyclists, other vehicles, or property.
Drivers may flee for various reasons, such as fear of legal consequences, lack of insurance, or driving under the influence. Regardless of the reason, leaving the scene is illegal and can result in significant consequences.
If you've been a victim of a hit-and-run, try to stay calm. Call 911 immediately to report the incident and seek medical attention regardless of whether you think you're injured. Try to gather as much information as possible about the incident, especially the fleeing vehicle's make, model, color, and license plate number.
How to Build a Hit-and-Run Case
To build a strong case after a hit-and-run, you will need to document every detail you can remember about the incident and formally file a claim. Following a hit-and-run, it's important to follow these steps to improve your chances of receiving compensation for your damages or injuries.
Collect evidence: Evidence is crucial in hit-and-run cases. Photos of the scene, witness statements, and police reports can strengthen your case. If you're too injured to collect evidence, ask a bystander for help.
Seek medical attention: Your medical records are essential. They provide proof of your injuries and can be used to determine the accident's impact on your life. Keep all medical documents and follow your doctor's advice meticulously.
Report the accident to your insurance: Notify your insurance company about the accident as soon as possible. Provide them with all the evidence you have collected. Even if the at-fault driver hasn’t been identified, your insurance policy may cover some of your expenses.
Obtain surveillance footage: If your accident occurred in an urban area, surveillance cameras from businesses or traffic lights may have captured it. Secure the footage as soon as possible, as many recordings are routinely overwritten. Visual evidence can help identify the responsible party and prove that the hit-and-run occurred.
Keep a journal: Maintain a daily journal about your physical and emotional state following the accident. Note down any pain, limitations in movement, emotional distress, and the effect of the injury on your everyday activities. This conveys the ongoing impact of the accident and may support your claim for compensation.
Ways You Can Pursue Compensation in a Hit-and-Run Case
Understanding the various ways you can pursue compensation following a hit-and-run can help you obtain the care and justice you need. Some of the most common ways you can pursue compensation in Texas include:
Uninsured motorist coverage: In Texas, insurance companies are obligated to offer UM/UIM coverage as part of an auto insurance policy. If the at-fault driver is not found, this coverage can help pay for your medical bills and property damage.
Personal injury protection (PIP): PIP can help cover your medical expenses and compensate you for lost wages regardless of who was at fault. Make sure to review your insurance policy to determine your PIP coverage limits.
Filing a lawsuit: If the driver is identified, you can file a lawsuit for damages to recover costs for medical bills, lost wages, and pain and suffering.
Victim compensation funds: State-run victim compensation funds provide financial assistance to hit-and-run victims, covering medical expenses, loss of income, and funeral costs if applicable. Eligibility and compensation amounts vary, so it's best to check with local authorities or consult your attorney.
Hit-and-Run Laws in Texas
Texas has various laws in place to address hit-and-run accidents and help protect victims of these incidents. Some of the pertinent laws include:
Texas Transportation Code
Under the Texas Transportation Code, leaving the scene of an accident involving injury or death is a third-degree felony. If the only damage involved was to a vehicle, and it is less than $200, it is classified as a Class C misdemeanor. If the damage was more than $200, it is classified as a Class B misdemeanor.
Statute of Limitations
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing your right to seek compensation.
Comparative Fault Rule
Texas follows a comparative fault rule. This means you can still recover damages if you are partially at fault. However, your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you will not be able to recover any damages.
Reporting Requirements
Texas law requires drivers involved in an car accident to immediately stop and remain at the scene until certain requirements are met. These include providing their name, address, vehicle registration number, and a copy of their driver's license. Drivers must also provide aid to any injured parties by transporting or arranging to transport them to a medical facility if necessary.
Penalties for Fleeing the Scene
Penalties for fleeing the scene of an accident in Texas vary depending on the severity of the incident. If the accident resulted in death, the driver could face up to 20 years in prison and hefty fines. If the accident caused serious bodily injury, the penalty could be up to 10 years in prison. Even in cases where only property damage occurred, fleeing the scene can result in up to one year in jail and significant financial penalties.
Legal Guidance Is Here
At The Torres Law Firm, our attorneys are experienced in using their extensive legal knowledge to help you fight for the justice you deserve. Our goal is to go above and beyond for you, providing you with the tools and information you need to file a strong claim and pursue the compensation you need.
We are proud to provide legal services for personal injury claims in Corpus Christi, Texas, Dallas, and Fort Worth. Get in touch with our firm today for your hit-and-run case and remember: you still have the right to filing a claim after a hit-and-run accident.