Hit & Run Accidents

Being involved in a “hit-and-run” accident, in which one or more responsible drivers flees the scene of the crash, is many people’s worst nightmare. And it’s more common than you may think -- hit-and-run accidents accounted for 10.15 percent of car crashes in 2005, according to data from the federal Department of Transportation. In fact, the agency says hit-and-runs have increased by 15 percent since 2000. The vast majority of those hit-and-runs cause only property damage, according to the Insurance Information Institute. But when a hit-and-run driver leaves the scene after an injury accident, the victim is likely to be dead or seriously injured. Because many hit-and-runs are never reported, especially those that only cause property damage, the damage they cause may be even greater.

Federal statistics show that hit-and-run drivers are especially common in the Western United States. In fact, California has a higher percentage of traffic deaths caused in a hit-and-run accident than any other state. In 2001, 7.8 percent of California’s traffic deaths were caused by a hit-and-run accident; that’s more than twice as high as the national average for that year, 3.6 percent. In the same year, Nevada’s Department of Transportation reported a staggering 45 percent rise in hit-and-runs in the Las Vegas area. And 49 percent of the California hit-and-run drivers who are eventually identified turn out not to have valid driver’s licenses. The California Department of Motor Vehicles estimates that there are one million unlicensed drivers in the state, including drivers who’ve had their licenses revoked, drivers who can’t or won’t pay for insurance, and non-citizens who were never qualified for licenses in the first place. And chronic drunk driving, for which many unlicensed drivers had their licenses revoked, is associated with unlicensed driving. This behavior both gives these motorists a motive to flee the accidents they create and underscores their irresponsibility. And statistics from the Auto Club say unlicensed drivers are some of the deadliest on the road, involved in 20 percent of all fatal crashes.

For victims and their families, the distress caused by a hit-and-run accident is compounded by a sense that they have been victimized twice by the driver’s irresponsibility. And they have -- it is illegal in every state to knowingly leave the scene of an accident. Drivers involved in an accident in California and many other states also have a duty to give aid to people injured in the accident and to report any deaths caused by the accident. Choosing to run away rather than fulfill any of these duties is a serious crime punishable by prison time as well as fines. Even where the accident causes only property damage -- such as a driver hitting an unattended parked car -- the driver is still legally required to stop and make a reasonable effort to contact the owner of the damaged property.

Furthermore, innocent drivers often end up paying the costs of a hit-and-run accident from their own pockets. While all responsible drivers carry some form of liability insurance, the state-mandated minimum insurance policy only covers the costs of damage that you may inflict on another driver in an accident -- not the damage to you and your vehicle. It also only covers a minimum amount; if your damages cost more than the policy pays, you could be left high and dry. If your policy includes collision coverage, medical coverage or body damage coverage, you may be able to cover your own costs through insurance. And more and more smart drivers now carry uninsured/underinsured motorist coverage, which can and should be used to cover the costs of a hit-and-run accident that was not your fault. But often, drivers must fight insurance companies looking to cut costs to prove they are entitled to the coverage for which they’ve already paid.

Unfortunately, it can be difficult to prosecute a hit-and-run driver as a criminal. Even if you’re able to identify the vehicle involved, some jurisdictions require a witness identification proving the driver was the owner of the car before they will prosecute. Many law enforcement departments simply don’t have the resources to investigate hit-and-runs committed against parked vehicles, or ones that took place on private property. And many states have a short statute of limitations for criminal prosecution of hit-and-run accidents -- as short as three years in some states. The clock for criminal convictions starts ticking when the accident happens, not when victims finally identify who was responsible. Rather than watching a hit-and-run driver literally get away with murder, frustrated families often must turn to a civil lawsuit to get justice for their loved ones.

Whether the hit-and-run driver is prosecuted or not, and whether or not you recovered some of your costs through insurance, you have the right to sue the driver for his or her negligence in a court of law. Costs you can recover through the court are not limited to the repair costs and medical bills you incurred because of the accident, although an injured litigant certainly should ask for those things. You may also recover the income you lost by missing work because of injuries, a totaled car or dealing with red tape; any bills you incurred as a result, like a rental car or childcare; future costs, such as the costs of a permanent disability the accident caused or insurance penalties; and compensation for your pain, suffering and any loss of a loved one. If your insurance company refuses to provide coverage you’re legally entitled to, you may also be able to recover damages for “insurance bad faith.”

BISNAR | CHASE has aggressively represented injured auto accident victims since 1978. We have recovered tens of millions of dollars for clients injured in hit-and-run crashes and other auto accidents. With decades of experience in hit-and-run lawsuits, we know that drivers who cause an accident aren’t just morally and ethically obligated to stop and identify themselves -- they’re also legally obligated. Those who choose to ignore that legal duty should be held responsible for their actions and the physical, mental, emotional and financial damages they cause to accident victims. But we also know that accident victims must deal with high repair and medical bills, missed work, severe injuries and other stressful and expensive events. That’s why we never charge to evaluate your case -- and we don’t get paid until we win your case for you. For a free consultation with no obligation on your part, call us today at 1-800-561-4846 or click here to fill out our free case evaluation form online.

HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

BISNAR | CHASE 2006-2010 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. BISNAR | CHASE has received this award for three consecutive years.