Following a traffic injury accident, all drivers involved should stay at the scene until the police arrive. When possible, those involved, should always share their contact information and insurance details with one another. Sometimes, a driver flees the scene after an accident, such cases are considered much more challenging to handle than other types of collisions. This is when a hit and run accident attorney becomes invaluable.
Being the victim of a hit and run accident, does not mean you are out of options. You need to hire a hit and run attorney because they possess the skill to manage complex legal issues, potentially leading to a fair settlement or verdict. Continue reading to learn more about why you need to engage a hit and run accident lawyer.
Understanding Hit and Run Accidents
A hit and run accident occurs when a driver flees without fulfilling their legal obligations. These cases are far from straightforward and can profoundly impact victims. They can involve collisions with another vehicle, a pedestrian, a cyclist, or even stationary property like a mailbox or fence.
For example, Florida Statute 316.062 mandates that drivers stop and exchange information after any accident causing damage. Failure to comply can result in misdemeanor or felony charges, depending on the severity.
But why do drivers flee? The answer is a mix of psychological impulses and situational factors. Firstly, many drivers run to avoid immediate legal repercussions, such as arrest for driving under the influence (DUI) or operating without a valid license. In addition, financial fears like lacking insurance or facing steep penalties also drive this behavior, especially for those already in precarious economic situations.
Accidents trigger a fight-or-flight response, and for some, flight wins out. This shows how a split-second decision to flee can override rational thought. For example, consider a young driver in their first collision. They may be overwhelmed by adrenaline and speed off without considering the long-term consequences.
Unfortunately, some individuals exhibit a callous disregard for others and opt to prioritize self-preservation over moral or legal duty. This mindset is prevalent among repeat offenders or those with a history of evading responsibility. Psychologically, this detachment can stem from a belief that they'll never be caught.
The Challenges of Hit and Run Cases
hit and run cases come with unique hurdles that set them apart from typical car accident claims. Here are the challenges victims of hit and run and accidents face:
Missing At-Fault Party
Without the driver's identity, you can't file a claim against their insurance or sue them directly, leaving a void in traditional recovery paths. As a victim of such a crash, you must turn to your own uninsured motorist (UM) coverage, which isn't always available or sufficient.
Unfortunately, some policies cap payouts at $25,000, far below the cost of serious injuries. In states like Florida, where UM coverage isn't mandatory, victims without it may be left with no immediate recourse.
Evidence Gaps
In hit and run accident cases, physical evidence like tire marks or vehicle debris degrades quickly, especially if rain or traffic erases it before investigators arrive. Also, witnesses may not stick around or may misremember details. For instance, a pedestrian struck in a dimly lit alley might have no camera footage or bystanders to corroborate their account. In such a case, getting the details of the escaped driver may become challenging.
Insurance Complications
Insurance companies may deny UM claims, arguing that there is insufficient proof of the phantom driver's fault or existence. Adjusters might also offer lowball settlements, especially when they know victims lack leverage without the other party's involvement. Proving damages without a cooperative defendant can be overwhelming, a task most individuals tend to detest.
Why Do I Have to Hire a Hit and Run Accident Attorney
Hit and run accidents thrust victims into a legal and emotional storm, where the responsible driver's disappearance creates many challenges. The absence of an identifiable at-fault party threatens to leave victims bearing the full weight of damages with no clear recourse.
However, hiring a hit and run accident attorney can offer you a lifeline through their skills and advocacy. They come with resources to unearth key evidence and the tenacity to secure fair compensation, whether through insurance negotiations or courtroom battles. Here are some reasons why you need to work with a lawyer:
Ability to Understand Complex Laws
A hit and run accident attorney has mastery of legal details, which can be useful in these cases. These incidents straddle both criminal and civil domains, demanding a detailed understanding of how they intersect. For example, an attorney familiar with your state's hit and run laws can use their knowledge to strengthen a civil claim by highlighting the fleeing driver's negligent conduct.
Beyond traffic laws, personal injury lawyers understand insurance regulations, such as uninsured motorist (UM) coverage. Some policies impose restrictive conditions, like requiring physical contact with the fleeing vehicle, which an attorney can contest with evidence such as skid marks or third-party statements.
Moreover, a lawyer can uncover hidden avenues for recovery that most victims overlook. For example, they may pursue an Unsatisfied Claim and Judgment Fund to secure damages for hit and run victims without UM coverage. Most victims of hit and run crashes are also unaware that their policy includes UM benefits and are likely to abandon their claim. However, with an attorney working with you, they can interpret the fine print to secure a fair payout.
Investigative Resources
Identifying a fleeing driver requires investigative resources. Unlike victims, who may rely solely on overstretched police efforts, attorneys can partner with private investigators who are equipped with advanced tools. They also enlist accident reconstruction experts who analyze subtle clues to piece together the incident.
For example, an attorney can use forensic analysis of paint chips to link a hit and run to a specific truck model, leading to the driver's arrest and a substantial settlement. This means that when police investigations falter due to limited resources, attorneys can offer subpoenas for witness depositions to pinpoint a suspect's whereabouts. Without this level of diligence, you may risk losing your chance of securing justice.
Insurance Negotiation
Insurance companies are good at minimizing payouts, especially in hit and run cases where the lack of an opposing party gives them leverage to dispute claims. An attorney levels this playing field with negotiation skills and robust evidence. They may counter insurer denials with detailed medical records, income loss documentation, and expert testimony.
For instance, when an insurer offers $5,000 for a $50,000 injury claim, your attorney can present the need for long-term rehabilitation, securing $90,000. They also exploit policy ins and outs, such as stacking UM coverage from multiple sources like a car and homeowner's policy to maximize recovery.
In case insurers drag their feet or employ bad-faith tactics, your attorney will be persistent to ensure you aren't shortchanged. Their negotiation skills are especially important when transforming a meager settlement into one that fully addresses the financial toll of the accident.
Pursuit of Justice
When a fleeing driver is identified, an attorney can pursue litigation, which can yield significant damages beyond what insurance might cover. They file civil lawsuits seeking compensation for injuries and losses, often pursuing punitive damages to punish the driver's reckless flight.
The role of your attorney is to maximize insurance payouts while preparing for court. Even if the driver remains at large, the attorney's groundwork lays the foundation for future recovery should new evidence emerge. Without professional representation, you might never see the responsible party held accountable, let alone recover the full scope of your losses.
The Process of Working with a Hit and Run Accident Lawyer
Engaging a hit and run accident attorney initiates a journey toward justice and recovery. The process aims to address the unique challenges associated with these cases. From the first meeting to the final resolution, your attorney will guide you through the process, where they leverage their resources to uncover evidence, secure compensation, and, where possible, hold the responsible party accountable. Here are the steps for handling a hit and run accident claim:
Initial Consultation
The process begins with an initial consultation, where you and the attorney lay the groundwork for your case. During this meeting, you'll share the details of the incident while the attorney asks pointed questions to fill in gaps and assess the situation. They'll review your insurance policy to determine the scope of uninsured motorist coverage and explain how it applies to your circumstances.
This is also the moment when they outline your legal options, whether it's relying solely on insurance or preparing for a potential lawsuit if the driver is later identified. Usually offered at no cost, this consultation establishes a partnership that gives you a clear direction and confidence that your case is in capable hands. Be sure to ask questions so as to set realistic expectations for what follows.
Investigation Phase
Once you've enlisted the attorney, they begin to investigate the case to build a robust case. The attorney doesn't rely solely on what you provide, and they may visit the accident site to examine road conditions or collaborate with private investigators to canvas nearby businesses for security footage.
Your lawyer may also interview witnesses who saw the crash to create a composite picture of the event. If physical evidence like tire marks or debris remains, they can bring in experts to undertake a special crash investigation to analyze the crash dynamics, offering a scientific basis for your claim. The attorney might also work with law enforcement and request access to traffic camera records or follow up on any leads the police may have sidelined due to resource constraints.
Claim Filing
With evidence in hand, the attorney moves to file the claim officially. They prepare and submit a detailed demand to your insurer under your uninsured motorist coverage, outlining the incident and the losses you've suffered. This is a meticulously prepared document supported by the investigation's findings, medical records, and expert opinions.
During this phase, your attorney ensures all paperwork meets stipulated deadlines, including your policy's reporting requirements and the state's statute of limitations. If the fleeing driver is identified during the investigation, they may simultaneously file a civil lawsuit, naming the perpetrator and seeking damages directly from them.
Throughout this process, the attorney handles all communication with insurers or opposing parties to shield you from the stress of back-and-forth exchanges. Your lawyer aims to maximize your claim by gathering and documenting the proper evidence.
Negotiation or Litigation
The final phase determines the amount of compensation you may receive. Initially, the attorney engages in settlement talks with your insurance company, presents the evidence, and advocates for a payout that fully reflects your losses. Usually, the insurers will push back by questioning the extent of your injuries or the facts of the incident. However, the attorney will counter these advances with evidence to ensure your claim isn't undervalued.
If the driver has been identified and a lawsuit filed, negotiations might extend to their legal team or insurer, aiming to resolve the matter without a trial. Most cases settle here, as both sides prefer to avoid the uncertainty of court. The attorney prepares as if every case will proceed to litigation, giving them leverage in discussions.
If negotiations don't yield a sufficient settlement offer, the case advances to trial. At this stage, your lawyer will present your story to a judge or jury, using the investigation's findings to argue for justice. This phase concludes with a resolution that addresses your needs, whether through a negotiated settlement or a courtroom verdict.
Talk to a Hit and Run Attorney Today
If you have been involved in an accident where the other driver failed to stop at the scene, it can be challenging to determine what to do next. However, don't let a fleeing party dictate your future. At this time, you need to work with an attorney who knows the implications of such cases to address your concerns and explain your options with clarity and compassion.
A seasoned hit and run accident lawyer will assess your case and fight relentlessly for the recovery you deserve. Contact a personal injury law firm in St. Petersburg as soon as possible to learn how they can assist you.
