Steven A. Bagen | July 15, 2024 | Car Accidents
Hit and run crashes inflict physical, emotional, and financial harm. Victims struggle with injuries, the stress of an unknown perpetrator, and complex legal challenges. When drivers flee the scene, it’s hard to identify and hold them accountable. A hit and run accident lawyer can guide you through this process and fight for your rightful compensation.
If you’ve suffered a hit and run injury, contact Steven A. Bagen & Associates, P.A. today at (800) 800-2575 for a free consultation to discuss your case and potential compensation.
How an Attorney Helps with Your Hit and Run Accident Case
Dealing with a hit and run accident on your own can be overwhelming. As a victim, your priority is to get fair compensation to pay for your injuries and damage, not necessarily to punish the driver who fled.
This means facing insurance companies that will try to minimize your payout. These companies have teams of lawyers and adjusters working to protect their interests, not yours.
A hit and run accident attorney levels the playing field. They understand the legal complexities, can accurately value your claim, and know how to negotiate with insurance companies.
Your lawyer will fight to ensure you receive full compensation for medical bills, lost wages, and pain and suffering. Without legal representation, the chances increase of you getting far less than you deserve.
Proving Negligence
The basis of a successful case is proving negligence. To prove it, you need to establish four key elements. These elements demonstrate that the at-fault party’s actions directly caused the accident and resulting damages. Here are the four elements:
- Duty of Care:
- Definition: The first element requires proving that the defendant (the at-fault driver) owed a duty of care to the plaintiff (the victim). This duty is a legal obligation to avoid harming others. In the context of driving, it means adhering to traffic laws and driving safely.
- Example: All drivers must follow traffic laws, such as stopping at red lights and not driving under the influence of alcohol.
- Breach of Duty:
- Definition: The second element involves showing that the defendant breached their duty of care. This means that the defendant failed to act as a reasonably prudent person would under similar circumstances.
- Example: A breach of duty occurs if the driver speeds, runs a red light, or drives while distracted (e.g., texting while driving).
- Causation:
- Definition: The third element is causation, which requires proving that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. There are two types of causation to establish: actual cause (cause-in-fact) and proximate cause (legal cause).
- Example: If the driver ran a red light and collided with another vehicle, the breach (running the red light) directly caused the accident.
- Damages:
- Definition: The final element requires demonstrating that the plaintiff suffered actual damages due to the accident. These damages can be economic (e.g., medical bills, lost wages) and non-economic (e.g., pain and suffering, emotional distress).
- Example: The plaintiff can provide medical records, repair bills, and evidence of lost income to show the accident’s tangible and intangible impacts.
These four elements must be proven with sufficient evidence to establish the defendant’s negligence and hold them legally liable for the plaintiff’s damages.
Prompt Investigation and Evidence Preservation
One of the primary reasons to hire a hit and run accident attorney is their ability to conduct a prompt investigation and preserve crucial evidence. In the chaotic aftermath of a hit and run, important details can quickly become lost or degraded. Attorneys ensure that evidence is collected and safeguarded promptly.
Attorneys collaborate with private investigators and law enforcement to track down the fleeing driver. They utilize advanced technologies such as surveillance footage analysis, accident reconstruction, and even license plate recognition systems. These tools help identify and locate the responsible party more efficiently than an individual might on their own
Moreover, attorneys understand the legal procedures required to obtain critical evidence. They can petition the court for subpoenas to access documents or otherwise inaccessible evidence. This includes securing police reports, medical records, and witness statements, which you need for a strong case
The immediate preservation of evidence strengthens the case and increases the likelihood of identifying the at-fault driver while the trail is still fresh. Without an attorney’s intervention, victims may miss out on crucial evidence that can significantly impact the outcome of their case.
Negotiation with Insurance Companies
Insurance companies often aim to minimize their payouts, even in clear-cut cases. This is where a hit and run accident attorney becomes indispensable. They bring a wealth of experience in dealing with insurance adjusters and understand the tactics these companies use to undervalue claims.
Attorneys are skilled negotiators who advocate on your behalf to ensure you receive fair compensation. They prepare and present comprehensive documentation of all damages, including medical expenses, property damage, lost wages, and non-economic losses such as pain and suffering
Additionally, attorneys handle all communications with the insurance company, which prevents the insurer from taking advantage of the victim’s vulnerable state. They ensure that all legal requirements and deadlines are met, avoiding any pitfalls that could jeopardize your claim
Handling Legal Procedures and Deadlines
You must meet strict deadlines, known as statutes of limitations, which dictate the time frame for filing your claims and lawsuits. Missing these deadlines can result in losing your right to pursue compensation. An experienced hit and run accident attorney ensures that all necessary paperwork is filed accurately and promptly, adhering to these critical timelines
Moreover, an attorney can advise you on the appropriate time to escalate your case to litigation. Some cases may require filing a lawsuit to obtain fair compensation. Knowing when to take this step requires a deep understanding of civil law and procedure. Without this knowledge, you risk either prematurely escalating to litigation or missing the opportunity to file a lawsuit when negotiations fall through
Comprehensive Compensation Claims
A significant advantage of hiring a hit and run accident attorney is their ability to comprehensively assess and document your damages. Attorneys ensure that you seek an amount that truly reflects the impact of the accident on your life, and will help you pursue compensation for all applicable categories:
- Economic Damages: These cover direct financial losses resulting from the accident. Your attorney will meticulously compile evidence to support these claims. This includes:
- Medical expenses (current and future)
- Property damage
- Lost income
- Non-Economic Damages: These damages are more challenging to quantify but are equally important. They reflect the accident’s impact on your quality of life. This includes:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive Damages: If the responsible driver is identified, your attorney may pursue punitive damages in cases involving particularly egregious conduct. This is intended to:
- Punish the wrongdoer
- Deter similar behavior in the future
Court Representation
If negotiations with the insurance company fail, and the case proceeds to court, you need an experienced attorney. The legal system presents a complex and intimidating landscape, especially for those who haven’t navigated its intricacies.
An attorney prepares your case meticulously, gathering and analyzing all relevant evidence, conducting legal research, and developing a strong legal strategy
In court, your attorney represents you, presenting your case in the best possible light. They skillfully articulate the facts, question witnesses, and counter the opposing party’s arguments.
Emotional and Financial Support
The legal process can be stressful and overwhelming, especially when dealing with injuries and recovery. An attorney takes on the burden of legal complexities, allowing you to focus on healing and rebuilding your life.
One of the most significant financial benefits of hiring an attorney is the contingency fee arrangement. Most hit and run accident attorneys work on a contingency basis, meaning you do not pay any upfront legal fees.
The attorney’s fee is a percentage of the settlement or judgment they secure on your behalf. This arrangement makes legal representation accessible regardless of your financial situation, as you only pay if your attorney wins your case
Attorneys also handle the numerous and often confusing communications with insurance companies, medical providers, and other parties involved. This alleviates the stress of navigating these interactions on your own and ensures that you are not taken advantage of during a vulnerable time.
Moreover, an attorney provides invaluable emotional support. They understand the trauma and emotional toll a hit and run accident can have on victims. By offering guidance, answering your questions, and advocating for your rights, an attorney helps you feel empowered and respected throughout the legal process
Why Drivers Flee Accident Scenes
Hit and run accidents have increased sharply in the last decade. These accidents now make up a larger percentage of all fatal car crashes than before.
Several factors contribute to this trend:
- Declining respect for traffic laws: Drivers are more reckless now than in the past. This trend started before the COVID-19 pandemic, which then made the problem worse. Poor driving habits and more selfish behavior in society have increased dangers on the road.
- Rising costs: With inflation, drivers are already paying more for insurance. They worry about even higher rates if their insurance company has to cover accident costs. Some fear their insurance won’t cover all the damages, leaving them personally liable.
- Split-second decisions: After an accident, drivers often make quick, irrational choices. Even if they’re not in shock, fear and panic can lead to poor decisions.
Common reasons drivers flee accident scenes:
- No insurance
- Driving illegally (suspended license or stolen car)
- Outstanding arrest warrants
- Panic or confusion about what to do
- Unaware they hit someone
While these reasons don’t excuse hit and run behavior, they help explain why it happens. Drivers can face prison time for leaving the scene of a serious crash. However, many think they can escape without getting caught, and sometimes they do. This possibility encourages some drivers to flee.
How to Choose the Right Attorney
Experience
Look for attorneys with specific experience in handling hit and run cases. Their familiarity with the unique challenges of these cases and their track record of success can significantly impact the outcome of your claim.
Track Record & Reputation
Research the attorney’s success in previous cases. Positive reviews and high ratings from past clients are indicators of an attorney’s ability to deliver successful outcomes
Communication and Client Service
Effective communication is crucial in legal representation. Choose an attorney who is responsive and willing to answer your questions and provide regular updates on your case.
Personal Connection
It is important to feel comfortable with your attorney. During the initial consultation, assess whether the attorney shows genuine interest in your case and demonstrates empathy. A strong personal connection can make the legal process more manageable and ensure that your attorney is truly invested in your outcome.
Get the Compensation You Deserve
Regardless of whether you think you can handle the case on your own, it is always a good idea to consult an accident attorney about your case. We provide a free initial consultation. But choosing not to hire a personal injury lawyer will very likely diminish your chances of obtaining fair compensation.
Don’t navigate this challenging time alone—trust our experienced team at Steven A. Bagen & Associates, P.A. to fight for the justice and compensation you deserve. Call us today at (800) 800-2575.