Being involved in a hit-and-run accident can be a scary and frustrating experience. Not only has your vehicle been damaged, but you have no information about the driver who struck you and then fled the scene. Making matters worse, you may have sustained injuries and have no clear path toward getting compensation to pay for any losses and help with medical bills.
Fortunately, there are steps you can take to report the incident properly, gather evidence, and build a claim to recover damages even without the at-fault driver being identified. While there is no guarantee, having a strong case can provide more potential for a better outcome. A Memphis hit-and-run accident lawyer may be able to help you with your case and figure out the best types of evidence to include in your case for the best possible results.
The First Thing You Should Do When You Experience a Hit-and-Run
The first step when you are the victim of a hit-and-run accident is to remain calm and ensure your own safety as well as the safety of any passengers. If possible, move your vehicle to a safe location out of traffic and turn on your hazard lights to alert other drivers. You’ll also want to call 911 to report the accident and request medical assistance if anyone involved is injured.
Next, you’ll want to gather as much information about the fleeing vehicle as you possibly can while the details are still fresh in your mind. Try to note the make, model, color, and license plate if you were able to see them before the other driver fled. Also, document any damage to your own vehicle with photos, as this evidence can help authorities locate the at-fault motorist.
You should also exchange contact and insurance information with any other drivers involved in the collision. Even if the at-fault driver fled, you’ll want to connect with any witnesses who may have seen the accident occur or noted identifying details about the fleeing vehicle that could aid police. Their recollection could prove invaluable during an investigation.
How to Get Compensation if the Driver Cannot Be Found
If police are unable to locate the at-fault driver who fled the scene, you may still have options for seeking compensation for your injuries and vehicle damage. Start by filing a claim with your own auto insurance provider under the uninsured motorist portion of your policy if you have this coverage. This coverage can help pay for losses from an accident when the driver responsible cannot be identified or lacks insurance, which can take some of the burden off of you.
In Texas, uninsured motorist coverage isn’t mandatory but is highly recommended. It can cover damages from a hit-and-run accident when the at-fault driver can’t be found. Also, remember that Texas laws are strict about hit-and-run accidents, so any evidence of the accident can be crucial in legal proceedings.
Make sure to speak to an experienced personal injury attorney about additional legal remedies to help you recover financially from the accident, including liability claims against the company responsible for maintaining the roadway if poor conditions, such as missing signs, contributed to the collision. An attorney can fully investigate all options.
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Potential Damages You May Recover
If the at-fault hit-and-run driver is identified and carries auto insurance, you may potentially recover compensation. This could be for a variety of accident-related losses through a liability claim or personal injury lawsuit. This could include reimbursement for medical bills, lost wages from missed work, vehicle repair or replacement costs, and pain and suffering damages.
Your own auto policy may also provide coverage for uninsured or underinsured motorists. If so, it could pay for losses if the at-fault driver lacks sufficient insurance. This first-party coverage can pay for both economic and non-economic damages from the hit-and-run collision up to specified policy limits.
If negligent maintenance of the roadway, obscured traffic signs, or other dangerous conditions contributed to the accident, the governmental entity responsible for those hazards may also be held financially liable. If this happens, it will be through a separate claim. An experienced personal injury lawyer can fully evaluate all potential streams of compensation in these complex hit-and-run cases.
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How Long You Have to Report the Incident
In Texas, you are legally required to stop when there is an accident. You will need to provide your name, address, vehicle registration, and insurance information after a traffic accident. Therefore, hit-and-run collisions when one driver leaves the scene must be reported to the police immediately in order to initiate a thorough crash investigation.
The sooner law enforcement can start gathering evidence and interviewing witnesses after a hit-and-run, the better chance they have of tracking down the driver who fled. Any delay could result in clues disappearing or accounts becoming less reliable. Reports are needed right away, while critical crash details can still be obtained and preserved by investigators and forensic teams examining the site.
Hit-and-runs involving only property damage have a little more flexibility. However, don’t wait longer than around 10 days after the collision to file a crash report. Cases of injury, death, or significant vehicle damage should always be documented immediately by law enforcement on the day of occurrence to have the best opportunity for resolution.
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Work with a Memphis Car Accident Attorney
It is vital that you act quickly to protect your rights. Reporting the incident to police immediately and contacting an experienced personal injury attorney should be your top priorities. Our team at GKBM can potentially launch an investigation and start building your case.
Do not wait to reach out for legal help – the sooner your attorney can get involved, the better positioned you will be to build a strong injury claim. Allow an attorney to manage interactions with insurers and dealings with the authorities while you focus on recovering from the accident. Contact us for a free consultation to see if we are a good fit and get started building your case.