There are hundreds of thousands of hit-and-run accidents each year despite it being a crime in all states. It can happen to anyone, anytime, even when you’re a law-abiding driver or pedestrian. A hit-and-run is an accident where a vehicle strikes another car, person, or property and flees the scene before stopping to help or provide contact information. Preparing for these incidents can help you act quickly, get medical help, and recover damages as soon as possible.
Get to Safety
Accidents can cause serious injuries, even if they don’t feel dire in the moment; adrenaline can distract you from pain or injury severity. Assess your body for any scrapes, wounds, or other trauma. If you’re in the middle of the street, get to the side of the road as quickly as possible. Once you are safe, you can worry about injuries, reporting, and documenting the scene.
Report the Accident
A hit-and-run is a crime, and accidents typically require reporting regardless. Call 911 to notify police of when and where the accident occurred, and summon an ambulance if necessary. When you report the accident to the authorities, they will launch an investigation to find the parties who fled the scene and prosecute them if applicable. Reporting also establishes a formal incident report, which is valuable evidence for litigation and insurance claims.
Document the Scene
Despite the responsible parties fleeing the scene, there is still valuable evidence for you to gather there, especially if there were witnesses. Document your injuries and vehicle damage with videos and pictures, even if you weren’t in a motor vehicle. If any vehicle parts or skid marks are on the road, take a picture of them, including any surrounding property damage. If law enforcement permits, keep the damaged vehicle or bike parts as evidence. Gather the names and contact information from any witnesses who saw the accident. If any other involved parties did not flee the scene, gather their contact information and insurance policies as well. If you remember anything about the fleeing vehicle, write it down. The more you document, the more information you can provide to an attorney, insurance, or in court.
Get Medical Treatment
Accidents can cause severe injuries, even if you don’t recognize them right away. Adrenaline from the stressful event can distract you from pain or any other symptoms, so getting a clean bill of health is wise. Establishing a medical record as evidence is also important. If your injuries are severe, consider riding in an ambulance for prompt and immediate care. Emergency medical technicians (EMTs) can evaluate you at the scene and may suggest an ambulance.
Consult an Attorney
An attorney isn’t just for filing a lawsuit; even if you’re not interested in pursuing litigation beyond pressing charges, an attorney is a valuable asset in a hit-and-run case. They can help represent you to your insurance company and increase your chances of an approved claim. They can help you obtain evidence for insurance and police investigations, especially when it comes to proving liability. They will be highly familiar with the varying laws regarding hit-and-run accidents, depending on whether you were another driver or a pedestrian; these laws can vary widely depending on your location.
Illinois
In Illinois, fleeing the scene of the accident is illegal and can be considered a Class 4 felony. In large cities like Chicago, the extensive number of motorists and pedestrians can make hit-and-run accidents more likely. Consult with an attorney to learn your rights in a hit-and-run, especially if you were on a bike. A Chicago bike accident lawyer will know that cyclists are considered pedestrians in certain areas, which can impact your insurance claims. In most cases, the statute of limitations (time limit) for filing insurance claims is two years.
California
California has two hit-and-run laws: misdemeanors, which involve only property damage, and felonies, which result in injury or death to another. It’s best to consult with an attorney about your options soon, as the statute of limitations for filing insurance claims or lawsuits is typically two years.
Florida
In Florida, a hit-and-run with only property damage is a second-degree misdemeanor. Like California, any hit-and-run that results in injuries can incur felonious charges. The more severe the injury, the more extensive the charges become. A hit-and-run causing death can land you up to 30 years in prison, while minor injuries will likely receive up to five years. The statute of limitations can span from two to four years.
Notify Your Insurance
In most hit-and-run accidents, you’ll want to notify your auto insurance company quickly, as there is a time limit from when you can file a claim. Your attorney can help advise you on when to file the claim; they may have you delay filing momentarily if you are pursuing litigation. If you were a pedestrian or on a bicycle, an insurance filing may not be required for your policy, but the at-fault driver’s insurance will likely need a claim filed.
Conclusion
An accident can be traumatizing and life-changing, especially when a responsible party flees the scene and adds to your frustration. You have the right to an attorney to help represent you during this difficult time. Not only is a hit-and-run a serious crime, but it can also cost you financially, emotionally, and physically. You don’t have to pursue litigation, but doing so may help you recover damages to help you on your road to recovery.
