What To Do If You’re Injured In A Hit and Run Accident

What To Do If You’re Injured In A Hit and Run Accident

Being injured by a hit and run driver not only leaves you dealing with the physical and emotional pain of the accident, but you are also left with unanswered questions. It can be particularly haunting when the responsible party flees the scene. Understanding how to seek compensation for your injuries is a major worry, especially for those with major injuries. In such a difficult situation, remember that there are steps you can take to protect your rights and seek justice, namely in the form of a hit and run accident lawyer.

First and foremost, prioritizing your health and seeking medical attention are the most important, and they start a timeline of events. You should reach out to an attorney near you who works with hit and run accident victims and is well-versed in personal injury law. They will guide you through the legal minefield and protect your rights. Remember, you have options and deserve justice for the harm you have suffered.

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Have You Been Injured In A Hit and Run Accident?

Car crash traffic accident on city road after hit and run accident

A hit and run accident occurs when a driver involved in a collision flees the scene without stopping to provide their information or offer assistance to the victim. Hit and run accidents can occur between two vehicles, or they can involve a motorist colliding with a pedestrian or cyclist. These accidents can result in serious injuries and, in some cases, even death.

Seeking Guidance in Uncertain Waters

You may be entitled to make a claim for damages depending on various factors, such as the state in which the accident occurred and whether the responsible party can be identified. A hit and run accident lawyer can review your case, gather evidence, and pursue the appropriate legal action to hold the accountable party responsible for their actions.

What Is a Hit and Run Accident Lawyer?

A hit and run accident lawyer is experienced in representing hit and run accident victims. These attorneys have extensive knowledge and experience in handling cases involving hit and run incidents and are well-versed in relevant laws and legal procedures.

When The Duty of Care is Breached

Motorists have a duty of care for others on the road, including other drivers, pedestrians, and cyclists. A hit-and-run accident lawyer may become necessary when this duty of care is not met, resulting in significant damages or injuries.

Without the help of an experienced attorney, victims may receive a far lower settlement than their damages merit — or they may even be denied compensation altogether.

Your Future May Be in the Balance

A hit and run accident lawyer will use all their resources to pursue an insurance settlement or lawsuit on your behalf. They will push for your rights and ensure you receive the maximum reward possible for your injuries and damages, which may have severely blighted your life.

What Happens After a Pedestrian Hit and Run Accident?

A man who is completely distracted by his cell phone is unaware that he is jaywalking by walking out into heavy traffic on a busy highway road.

Pedestrians are particularly vulnerable in hit and run accidents, and unfortunately, the incidence of these accidents has been on the rise. According to national statistics, there has been a significant increase in electric vehicle-related pedestrian accidents, which include e-bikes, e-scooters, and e-skateboards. With the growing popularity of these modes of transportation, pedestrians face an increased risk on the roads.

Options for Compensation

If you have suffered an injury as a pedestrian in a hit and run accident, you have options for seeking damages. Depending on your state and insurance coverage, you may make a claim under your auto insurance policy. Additionally, you may have access to other resources such as health insurance for medical bills or state victim compensation funds, which provide financial assistance to crime victims.

Don't Let Insurance Companies Change the Narrative

However, insurance companies may not always wish to follow the right narrative — that's where a hit and run accident lawyer comes in. They can make your case the strongest possible, regardless of any opposition, ensuring you pursue all available avenues to fund your recovery. Working with an attorney increases your chances of obtaining fair and just compensation for your injuries and losses.

Common Injuries Sustained in Hit and Run Accidents

Hit and run accidents can result in a wide range of injuries, some of which can be severe and life-altering. Here are some common injuries sustained in hit and run accidents:

Traumatic Brain Injuries

These injuries can range from concussions to severe brain damage and may require extensive medical treatment and rehabilitation.

Spinal Cord Injuries

Damage to the spinal cord can lead to partial or complete paralysis, impacting a person's mobility and quality of life.

Broken Bones

Fractures can occur in various parts of the body, requiring immediate medical attention and potentially long-term rehabilitation.

Internal Injuries

The force of the impact in a hit and run accident can cause internal injuries, which may not be immediately apparent but can be life-threatening if left untreated.

Soft Tissue Injuries

Damage to muscles, tendons, and ligaments can bring pain, cause limited mobility, and require ongoing medical treatment.

Depending on the severity of these injuries, victims may require lengthy and expensive rehabilitation, as well as face the possibility of lost future earnings. Never underestimate how much an attorney can get the necessary compensation to cover your medical expenses. It is hard to picture yourself in this position until you are there, so be sure to bring the right person on board to help you recover.

What Are My Rights After Being Injured as a Pedestrian?

Wooden gavel along with car key and dollar amount

As an injured pedestrian, you have rights that protect you after a hit and run accident. It is wise to know these rights and seek legal representation to advocate for your best interests. Here are some legal rights you have as an injured pedestrian:

  • Right to compensation: If you can prove that another party was liable for the accident, you have the right to seek compensation for your injuries and damages.
  • Right to medical treatment: You have the right to receive appropriate medical treatment for your injuries, including rehabilitation and necessary follow-up care.
  • Right to legal representation: You have the right to hire a hit and run accident lawyer to guide you through the legal process and fight for the compensation you are due.
  • Right to prove liability: Your attorney will work to gather evidence, interview witnesses, and reconstruct the accident to establish liability and hold the responsible party accountable.
  • Right to claim damages: If you can prove another party's negligence, you may be eligible to claim damages such as medical expenses, lost income, pain and suffering, and future medical needs.

Insurance companies often dismiss or downplay the extent of your injuries and damages. However, with the help of an experienced hit and run accident lawyer, you can build a strong case.

What Changes if My Car Is Hit?

If your car is involved in a hit and run accident, the legalities and processes differ slightly from a pedestrian hit and run. As a car owner, you still have options for seeking compensation. Here are some important points to consider:

  • Auto insurance coverage: Depending on your insurance policy, you may have coverage for hit and run accidents. Uninsured motorist (UM) or underinsured motorist (UIM) coverage can provide financial protection in these situations.
  • Identifying the responsible party: It may be more challenging to identify the responsible party and their vehicle in a hit and run involving a car. However, working with a hit and run accident attorney can guide you through this process and potentially identify the at-fault driver. This scenario opens up a whole new series of avenues to seek recompense for your losses, including a personal injury lawsuit. 
  • Insurance company negotiation: Insurance companies often try to lowball or dismiss your claim in hit and run cases. Having an attorney on your side will ensure your rights are protected and you receive fair compensation for your losses.

Recovering Your Damages

Car accident lawyer in his office

Two main types of damages are available in a car accident: economic and non-economic.

Economic Damages

Economic damages are the financial losses you experience as a result of another person’s negligence, which can be calculated based on actual expenses. Examples of economic damages include:

  • Property Damage: If your vehicle or any personal belongings were damaged in the accident, you may be entitled to compensation to cover the cost of repairs or replacement.
  • Lost Income: If your injuries have stopped you from working, and you fear potential future earnings loss, you can claim these expenses.
  • Medical Expenses: Any medical costs that accrued in the wake of the accident, such as hospital bills, doctor visits, surgery costs, medication, and rehabilitation.
  • Transportation Costs: Your vehicle might be off the road for a period. Therefore, any rental costs or transportation to medical treatments can be counted here. 

Non-Economic Damages

Non-economic damages refer to all losses you experience as a result of a car accident that can't be financially measured. These damages are intangible, often subjective, and harder to measure. Non-economic damages include:

  • Mental Trauma: The mental scars brought by a hit and run accident are hard to measure. Some conditions, such as post-traumatic stress disorder (PTSD), might cause severe detriment to your daily existence.
  • Loss of Consortium: If the consequences of any accident damage your relationship with a spouse or family members, you can win compensation for the loss of companionship and support.
  • Pain and Suffering: Any physical, emotional, and mental pain caused by the accident falls into this category. The effects of pain can be debilitating.
  • Loss of Enjoyment of Life: If your ability to enjoy life as you did before the accident is affected, you should be entitled to damages. For example, you were once involved in a certain sport, which now is inaccessible.

Punitive Damages

There may be cases where a defendant's actions were extremely negligent or even purposeful. In these cases, punitive damages may also be possible. Punitive damages may be easier or harder to claim in certain states.

Insurance Companies Will Lowball Your Claim

It is important to understand that even your own insurance company is primarily focused on saving money and minimizing their payouts. After a hit and run accident, these companies may employ various techniques to lowball, stall, or dismiss your claim, which makes hiring an attorney so meaningful.

Here are some common tactics insurance companies use:

Delayed Responses

Insurers may intentionally delay their response to your claim, hoping you will become frustrated or give up. Unfortunately, this tactic is one of the insurance companies' go-to weapons in the claims process.

Insufficient Settlement Offers

Insurance companies may offer you a settlement that is far below the actual value of your claim, hoping that you will accept it out of desperation or lack of knowledge of your rights.

Denial of Liability

Insurance companies may deny liability altogether, arguing that their insured was not at fault for the accident or that the accident did not cause your injuries.

Taking on the insurance companies can be overwhelming, especially when you are dealing with injuries and the emotional aftermath of a hit and run accident. That's why it is pertinent to have an experienced hit and run accident attorney on your side. They understand the tactics used by insurance companies and can negotiate on your behalf to ensure that you receive the best possible settlement for your injuries and damages.

Call a Hit and Run Accident Lawyer Today

If you have been injured in a hit and run accident, seek legal representation as soon as possible. You have rights and options for seeking compensation, and a hit and run accident lawyer can lead the process and win the best settlement.

Contact an attorney near you who works in hit and run accidents to schedule a free consultation. Most hit and run accident attorneys work on a contingency basis, meaning you do not have to pay any upfront fees. They will only collect their fees if they successfully recover a settlement or judgment on your behalf.

Whoever hit you and ran may get away with their crime, but it doesn't mean you need to lose out. Choose the right way forward after suffering a setback — call a Bronx personal injury attorney near you today.

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Why Hire an Experienced
Attorney Like Ivan Diamond

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

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If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

Someone who understands the tactics insurance companies and opposing lawyers sometimes use to avoid liability and paying settlements.

Insurance adjusters, in particular, know that you’re going through a difficult time. They may try to take advantage by offering you a lowball settlement, hoping you’ll jump at quick money before you talk to a lawyer. Don’t help them out. Instead, let an experienced attorney handle the negotiations.

The same goes for preparing your claim. A skilled, knowledgeable litigator like me understands what facts and arguments are most important to prove your claim to a judge and jury, if it comes to taking a case to trial. I know how to guide my clients through depositions, discovery, and efforts by opposing lawyers to trap them into saying things that might undermine their case.

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