A hit-and-run accident occurs when a driver causes a crash and leaves the scene without stopping to exchange information or assist the injured. Following such an accident, it’s important to have an attorney because dealing with the aftermath can be complicated – especially if the responsible driver is unidentified.
A skilled attorney can help by investigating the incident, gathering evidence, and dealing with insurance companies to ensure that you receive fair compensation. They can assist with medical expenses, lost income, and pain and suffering, and if needed, they can take legal action against the at-fault party. Having a St. Petersburg car accident lawyer who experienced in hit-and-run accident ensures that your rights are protected and manages the challenging legal process.
How Do Negligent Drivers Cause Hit-and-run Accidents?
Negligent drivers cause hit-and-run accidents in various ways, often due to reckless or careless behavior. These accidents can happen when a driver does not take responsibility for their actions or when they panic after causing harm to someone else.
One of the main ways negligent drivers cause hit-and-run accidents is distracted driving. In today’s world, many drivers text, talk on the phone or use in-car entertainment systems while driving. These distractions take their attention away from the road, making them more likely to cause an accident. When an accident happens, some drivers may not even realize they have hit another vehicle or pedestrian until after the impact. In such cases, they may flee the scene because they are too distracted or do not want to deal with the consequences.
Another common cause is driving under the influence of alcohol or drugs. Drivers who are intoxicated may have impaired judgment, slower reaction times, or difficulty focusing on the road. After causing an accident, they may panic, fearing the legal consequences of driving under the influence, and decide to leave the scene to avoid arrest or punishment.
Speeding is also a major factor. Drivers who speed are more likely to lose control of their vehicle, especially in crowded or unfamiliar areas. In the heat of the moment, they may leave the scene to escape potential identification or legal trouble, which is particularly true in cases where speeding causes a severe crash or injury, and the driver knows they may face serious charges.
In addition, some drivers simply lack a sense of responsibility. They may have no intention of leaving the scene, but when they see the damage they have caused, they
may be too scared or selfish to stay. This response can be the result of anxiety, a lack of moral integrity, or simply not caring about the consequences.
Finally, some drivers flee because they do not have insurance or their vehicle is unregistered. They may avoid staying at the scene because they are afraid of being caught for breaking other laws. Regardless of the reasons, leaving the scene of an accident is always illegal, dangerous, and only worsens the consequences for the negligent driver.
Common Injuries in a Hit-and-run Accident
Victims of hit-and-run accidents are often left vulnerable and without immediate help, which can lead to serious injuries. The nature and severity of these injuries depend on various factors, such as the type of collision, the speed of the vehicles involved, and whether the victim was in a car, on foot, or riding a bicycle.
One of the most frequent injuries is whiplash, which occurs when the neck suddenly jerks forward or backward during a collision. This movement can cause strain on the muscles and ligaments of the neck and upper back, leading to pain, stiffness, and headaches. Whiplash can be particularly common in rear-end accidents, which are often associated with hit-and-runs.
Broken bones are another common injury. Depending on the severity of the accident, victims can suffer fractures to the arms, legs, ribs, or even the skull. Broken bones may require surgery, long recovery periods, and rehabilitation. If the victim is a pedestrian or cyclist, they are at an even higher risk of suffering broken bones as they are more exposed to impact.
Head injuries are also serious and can range from concussions to traumatic brain injuries (TBIs). A concussion can cause confusion, dizziness, headaches, and memory problems, while a more severe TBI may lead to long-term cognitive impairment or permanent disability. Head injuries can be especially dangerous if the victim is left untreated due to the driver fleeing the scene.
Soft tissue injuries like bruises, sprains, and strains are also common, particularly in lower-impact collisions. These injuries occur when muscles, tendons, or ligaments are stretched or torn. Though they may not always be immediately visible, soft tissue injuries can cause significant pain and discomfort and may require medical attention.
For pedestrians or cyclists, internal injuries are a significant risk. Being struck by a vehicle, especially at higher speeds, can cause damage to internal organs, including the lungs, liver, or spleen. These injuries often require urgent medical intervention and may not be immediately noticeable after the accident.
Finally, emotional and psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression, are also common in hit-and-run victims. The trauma of being in an accident and then abandoned by the driver can lead to lasting emotional scars.
How Can a Lawyer Help with a Hit-and-run Accident Case?
A knowledgeable attorney can be invaluable when handling a hit-and-run accident case. These types of accidents often leave victims in difficult situations, both physically and emotionally, and having experienced legal representation will ensure that the victim’s rights are protected and that they receive fair compensation. An experienced hit-and-run accident attorney can help in several ways in a hit-and-run accident case.
First, an attorney will investigate the accident thoroughly. In hit-and-run cases, identifying the responsible driver can be a significant challenge. A skilled lawyer has the resources and knowledge to investigate the scene, obtain surveillance footage, interview witnesses, and work with accident reconstruction specialists to gather evidence. Their investigation increases the likelihood of finding the responsible party – even if they tried to flee the scene.
Second, an attorney can handle insurance claims. Following a hit-and-run, victims often turn to their own insurance policies to cover medical bills and damages. However, the claims process can be complicated, especially if the at-fault driver is unknown. An attorney can explain the victim’s coverage, negotiate with insurance companies, and ensure that the victim receives the maximum compensation available under their policy, especially if the victim’s insurance includes uninsured or underinsured motorist coverage.
In addition, a knowledgeable attorney can handle all legal paperwork. Legal cases involve a lot of paperwork, including filing claims, submitting evidence, and meeting specific deadlines. An attorney ensures that all necessary documents are filed promptly and accurately, which can prevent delays or missed opportunities for compensation.
Another important role of an attorney is to advocate for fair compensation. Hit-and-run accidents often result in severe injuries, emotional trauma, and financial hardship. A knowledgeable attorney will work to calculate the full extent of the victim’s damages, including medical costs, lost earnings, pain and suffering, and future medical needs. The lawyer will then fight for a fair settlement, either through negotiation with the insurance company or by taking the case to court if necessary.
Finally, a hit-and-run accident attorney can provide peace of mind during a stressful time. Dealing with a hit-and-run accident can be overwhelming, but having a lawyer handle the legal aspects allows the victim to focus on their recovery. An experienced attorney can guide the victim through every step of the process, ensuring they are informed and supported throughout their case.
Filing an Uninsured Motorist Claim with Your Insurance Company After a Hit-and-Run
Filing an Uninsured Motorist (UM) claim after a hit-and-run accident is a critical step for victims who may be unable to identify the responsible driver. Many drivers carry uninsured or underinsured motorist coverage as part of their auto insurance policy, which can provide compensation if the at-fault driver is unidentified or does not have adequate insurance. The process of filing a UM claim can be complicated, but a skilled lawyer can guide you through it and ensure you receive the compensation you deserve.
The first step in filing an uninsured motorist claim is to report the accident to your insurance company as soon as possible. In most cases, insurers require that you file a claim promptly after the incident – typically within 24 to 48 hours. Your attorney can handle this step for you.
Once you have reported the accident, the insurance company will begin its investigation. The adjuster may ask for a copy of the police report, any medical records related to your injuries, and other evidence to support your claim – which is where the role of an attorney becomes particularly valuable. A lawyer can gather and organize evidence, ensuring that you submit all necessary documents in the correct format. They can also deal with insurance adjusters, who may try to minimize your claim or deny it altogether.
After your claim is submitted, the insurance company will evaluate your damages, which include medical expenses, lost income, and any pain and suffering you hav experienced. If the insurer agrees to pay, they will offer a settlement. However, insurance companies often offer low settlements, hoping that victims will accept less than they deserve.
If the insurance company offers an inadequate settlement or denies your claim, litigation may be necessary. A lawyer can decide whether to pursue a lawsuit to recover fair compensation. They can also take legal action if the insurance company is not following the terms of your policy. In cases where the responsible party is identified but has insufficient insurance, a lawyer may file a claim under both your UM coverage and the at-fault driver’s insurance, ensuring you receive full compensation.
Recoverable Compensation in a Hit-and-run Accident Case
In a hit-and-run accident, victims often suffer physical, emotional, and financial harm. While the process can be complicated due to the unknown or fleeing driver, compensation is still possible through your insurance, the at-fault driver’s insurance (if identified), or through legal action. There are several compensable damages that victims can recover in a hit-and-run accident case, depending on the circumstances. They include the following:
- Medical Expenses – One of the most important types of compensable damages is for medical costs. These expenses can include emergency room visits, hospital stays, surgeries, medications, physical therapy, and ongoing medical treatments related to the injuries sustained in the accident.
- Lost income – If you are unable to work because of injuries from the accident, you may be entitled to compensation for lost earnings. This loss includes the income you lost while recovering from your injuries, as well as any potential future income loss if your injuries affect your ability to work long-term. A lawyer can prove the amount of lost income by using pay stubs, employment records, or expert testimony.
- Pain and Suffering – Beyond physical injuries, many hit-and-run victims experience significant pain, emotional distress, and mental anguish. Compensation for pain and suffering takes into account the physical pain resulting from the injuries, as well as emotional effects such as anxiety, depression, or PTSD. Calculating pain and suffering is not straightforward, but a knowledgeable lawyer can use various methods to estimate the value of this compensation.
- Property Damage – If your vehicle was damaged in the accident, you are entitled to compensation for repairs or the total loss of the vehicle. If the hit-and-run driver is not identified, your own insurance policy’s collision coverage or uninsured motorist coverage can cover these expenses.
- Punitive Damages – In rare cases, if the hit-and-run driver’s actions were particularly reckless or malicious, you may be eligible for punitive damages. These damages are meant to punish the at-fault driver and deter others from engaging in similar behavior. However, punitive damages are not commonly awarded unless the driver’s actions were grossly negligent.
- Emotional Distress – In some cases, victims may be compensated for the emotional trauma the accident caused. Compensation for this loss addresses the psychological repercussions of being involved in a hit-and-run, especially if the victim was left feeling unsafe or violated by the driver’s actions.
Consultation with a Trusted St. Petersburg Car Accident Lawyer
When you’ve been injured, you deserve more than just legal representation—you deserve a law firm that puts you first.
At Lopez Accident Injury Attorneys, we know the system is stacked against you, and we’re here to level the playing field. Unlike other firms, we take less of your recovery, so you keep more of what’s rightfully yours. Let us fight for the compensation you deserve while you focus on healing.
Contact Lopez Accident Injury Attorneys and call at (727) 933-0015 for a free case evaluation and experience a different kind of injury law firm—one that puts you first.
