What Is a Hit-and-Run Accident?

Many people still falsely assume that if you’ve experienced a hit-and-run accident and the other driver involved is nowhere to be seen, it is a lost cause. Will the physical, emotional, and financial liability be yours to hold, with no one to take legal responsibility for your losses?

In reality, it’s not so bad. If you’ve been hit in the parking lot, on the side of the road, or rear-ended at a busy intersection, and the other motorist flees the scene of the accident, you have options. A professional hit-and-run lawyer can point you in the right direction to obtain the compensation you deserve.

A hit-and-run accident is a car crash where the driver responsible for the collision leaves the accident scene. In most states in America, including Massachusetts, the law requires that after causing a dangerous situation, a driver must stop, render reasonable assistance to the injured person, wait until the police arrive, and provide their personal insurance information and contact details.

When a driver fails to do so, leaving the scene trying to avoid potential consequences, they will suffer civil penalties when located. Jail time is also a possibility if the victim suffers an exceptionally serious injury.

Very often, a hit-and-run driver may flee the accident scene because they fear legal responsibility or don’t have active auto insurance. However, there may be other underlying personal reasons that the vehicle motorist may act upon.

Almost every other hit-and-run accident leaves the victim, the other involved party, facing financial challenges due to the complexity of legal and insurance policies. In the majority of hit-and-run incidents, it is highly recommended to take reasonable steps and seek the assistance of a field-experienced legal specialist.

Leading Causes of Hit-and-Run Accidents

There are a few common reasons why hit-and-run accidents happen in the first place.

Driving under the influence: Drunk drivers are among the most typical causes of these car accidents. Impaired motorists will flee the scene of an accident to avoid a potential driving under the influence conviction, let alone damage compensation.
Distracted driving: Texting, checking directions, missing a traffic sign, or being unfamiliar with the local infrastructure may serve as yet another cause of a hit-and-run accident.
Lack of driving experience: Inexperienced drivers often cause accidents and leave the scene due to insufficient driving experience. Underage driving falls under the same category.
Lack of insurance coverage: If the driver does not have state-mandated auto insurance, they can leave the accident scene to avoid double liability and possible fines.
Existing legal problems: Driving a stolen vehicle, being on parole, or having previous traffic violations are frequent reasons why a driver hits a car and flees.
Panic: Some drivers fall into panic after hitting another vehicle. Without reasoning, they escape the scene. A ‘fight or flight‘ behavioral response to the release of stress hormones makes some drivers choose to flee.

What Are the Hit-and-Run Accident Statistics?

Hit-and-run incidents that take place around the country are more frequent than we’d like them to be. According to the latest AAA report, a hit-and-run accident happens around every 43 seconds. In 2022, the number of fatalities resulting from hit-and-run crashes spiked to as high as 2,932.

Not every state shows the same hit-and-run stats. For instance, states like Hampshire, Maine, and Minnesota have the lowest rates, while New Mexico, Louisiana, and Florida are at the top of the list. In Florida alone, there were 104,895 hit-and-run cases resulting in 1,007 serious bodily injuries and 266 fatalities. In Massachusetts, 10.2% of crashes that resulted in pedestrian fatalities in 2023 were hit-and-run accidents.

Pedestrians, cyclists, and parked cars are the primary victims of hit-and-run drivers. In fact, over the last decade, one in five pedestrian deaths was the result of a hit-and-run incident. According to NHTSA, there were 79 more fatalities in 2022 compared to the previous year, and that is a significant 4.3% increase. The same applies to cyclist fatal accidents — out of 1,105 deaths, 265 were inflicted by hit-and-run accidents in 2022.

What to Do After a Hit-and-Run Accident?

Now that you know what a hit-and-run accident is and how frequent these incidents are, not to mention their potential deadliness, you must be fully aware of how to act should you be in such a situation. There are a few steps that will keep you safe and help you maximize the car accident settlement afterward:

Seek medical attention: If a hit-and-run driver has inflicted any bodily injury on you, even a seemingly minor one, you should call 911 immediately or rush to the emergency room if needed.
Contact the authorities: Call the police and report the incident. After the police officer inspects and documents the scene, you should obtain a police report that will help you build a solid hit-and-run case. Besides, the police may help you track the driver responsible for the hit-and-run crash and hold them accountable.
Gather evidence: You should gather as much proof of the car accident as possible. Take photos of the damaged property, your injuries, and the scene itself. Talk to the witnesses in case they’ve seen the hit-and-run driver’s license plate number, car model, make, or any other significant detail.
Contact a car accident lawyer: Negotiating a hit-and-run accident with an insurance company is anything but straightforward or easy. An experienced legal representative will help you seek the compensation you deserve despite the potential legal challenges.

What Should I Do if I Cause a Hit-and-Run Accident?

If you become an unintentional hit-and-run driver, you can still address the situation rightfully. Panic or fear may have prompted you to leave the scene, but you can potentially escape serious offense charges. Get back to the scene, report the incident, exchange information with the other driver, and seek legal assistance.

An experienced hit-and-run accident attorney will explain your rights and obligations to you so that you may not face the maximum penalty in the form of criminal charges or imprisonment. If you take responsibility, cooperate with authorities, and work with a professional lawyer, your hit-and-run crash will be rightfully resolved.

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Whom Can You Sue for a Hit-and-Run Accident?

Surely, not every hit-and-run driver is conscious enough to decide to return to the scene to take accountability for their actions. In such situations, the injured party must understand their legal options.

Usually, you can claim uninsured motorist coverage in hit-and-run incidents, which comes as a part of the regular auto insurance policy in the majority of states. Yet, it may take sufficient proof of the sustained losses, including but not limited to medical bills, lost wages, and other evidence, for the insurance company to provide the settlement you seek. In some cases, your insurance provider will seek out reimbursement from the motorist’s insurer, should the at-fault driver be found after you’ve received your compensation.

However, there are also parties you can sue for the property damage, serious injuries, and other losses you’ve suffered:

Hit and run driver: Eventually, the at-fault party may be located based on witness statements, surveillance cameras, or nearby businesses’ security cameras that have recorded the license plate number of the vehicle involved. If that’s the case, you can file a claim against the driver’s insurance company.
Other drivers: Multi-vehicle accidents happen. In cases when someone else’s negligence or reckless behavior resulted in a dangerous situation that transformed into a hit-and-run accident, you can sue contributing drivers as well.

Other Possible Defendants in a Hit-and-Run Accident

Many hit-and-run incident victims choose to focus on the two main responsible parties they can sue. However, you can pursue other possibilities. Suing other defendants may increase the amount of compensation that you receive.

Government entities: Detecting relevant poor road conditions at the scene of an accident that could have contributed to the accident gives you an opportunity to file an additional claim.
Property owner: Dangerous conditions on someone’s property could have provoked the incident, meaning that the property owner could be responsible for some of your damages.
Vehicle manufacturer: If your car malfunctioned and that led to an accident, you can sue the auto manufacturer as well.

What Are Hit-and-Run Damages You Can Recover After the Accident?

What a hit-and-run victim can do is claim several types of damages after an incident. They are primarily divided into two categories: economic and non-economic damages. Let’s take a closer look at those:

Medical expenses

You can recover all the medical costs of your hospital visits, prescriptions, surgeries, and any medical equipment bills that arise from the injuries you’ve sustained due to the hit-and-run accident.
Loss of income

Every day you spend off work, along with the loss or decrease of your earning capacity, falls under the category of monetary expenses that you can get compensated for.
Property damage

Whether it is your parked car or any other personal belonging that requires repair or replacement, you don’t have to carry the financial burden alone. This type of economic damage should be compensated in full.
Non-monetary damages

Pain, suffering, emotional distress, PTSD, depression, and general loss of joy in life that derives from the accident can be reimbursed.

Typical Challenges in Hit-and-Run Cases

If you wonder about what makes hit-and-run accidents challenging, there is usually more than one aspect to consider.

Identifying the At-Fault Party

Since many negligent drivers flee the scene of an accident, it becomes challenging to hold them accountable. Often, the injured party has to assess piles of evidence to prove that they are not liable for the sustained damage and deserve fair compensation for their losses.

Limited Evidence

Another typical challenge to mention is the lack of evidence. Sometimes, the accident takes place with no witnesses around, no security cameras to refer to, and so on.

Insurance Company Negotiations

Insurance disputes are anything but pleasant since every insurer wants to either deny or minimize the settlement. Not to mention that insurance policies are a maze of nuances and details that only a skilled lawyer can decipher.

The Aftermath of the Incident

Serious injuries, lengthy rehabilitation, property damage, financial impact, and mental distress are only a few severe consequences of a hit-and-run accident that you may experience.

How Can a Car Accident Attorney Help You in a Hit-and-Run Case?

What a hit-and-run accident lawyer can do is help you solidify and win your claim, and here’s how:

Thorough investigation: A hit-and-run driver might not automatically be the sole liable party. There may be hidden details pointing to other involved parties that a trained attorney will spot, while you can leave them unnoticed.
Evidence access: Sometimes, attorneys have access to potential evidence that you can’t attain on your own. This may give the injured party additional leverage.
Insurance provider communication: Your lawyer can negotiate with insurance companies on your behalf. For once, they are better versed in the intricacies of insurance policies. They are unbiased, persuasive, and unemotional.
Peace of mind: Experienced hit-and-run lawyers can take at least the legal burden off your shoulders and allow you to focus on your full physical and mental recovery.
Taking the case to trial: Sometimes negotiations don’t bring the desired result, and you have to file a lawsuit to secure the reimbursement you deserve. A skilled attorney will help you prepare the claim, ensuring that no critical information is missing, all the deadlines are met, and that you reach the most plausible court settlement.

Contact an Experienced Hit-and-Run Accident Lawyer

What is a hit-and-run accident? It is an endless source of physical, emotional, and financial problems inflicted on you with no one responsible in sight. Or so it may seem at first glance. The aftermath is much easier to handle with a supportive legal team on your side.

A professional accident attorney can help you track the negligent driver, handle insurance companies, and ensure the maximum compensation you are owed while you focus on your physical and mental recovery. Call Michael Kelly Injury Lawyers for a free consultation today and take the first step toward just compensation!