What Constitutes A Hit-And-Run During A Personal Injury Case?

When you are involved in an accident, there are certain necessary actions that you should expect the other motorist to fulfill. When the other motorist does not fulfill these obligations, this might be considered a hit-and-run. Whether or not the accident was a hit-and-run is important to determine because this can affect your legal case when seeking compensation for damages.

Remaining at the Scene

A motorist who is involved in an accident must stop and remain at the scene. When the motorist simply drives off, this is considered a hit-and-run and is often considered a felony. 

Exchanging Information

Both drivers must exchange contact information and insurance information. They should then call the police and wait for them to arrive. Both should provide insurance information and identification to the police officer. Calling the police is even worthwhile if you are at fault for the accident since a citation is worth having a police report. If either motorist does not do this, it could complicate the case and raise the question of whether it was a hit-and-run.

Offering Medical Assistance

If you are injured, the other party is required to offer reasonable assistance including calling 911. This will also create a record of the incident. If you need urgent medical care, the other motorist should offer it. For example, the motorist may need to perform CPR.  

If any of these actions aren't taken, the accident might be considered a hit-and-run accident. For example, the motorist might stop temporarily and chat with you, but drive off when you ask him or her for identification. 

Suing After a Hit-and-Run

There are several factors that must be proven in a hit-and-run case. First, you must prove that the defendant was involved in the accident. The motorist must also know that he or she was involved in the accident. Lastly, you will need to have been injured and the motorist will need to fail to carry out any of his or her obligations. If you are able to identify the perpetrator, you will be more likely to not be considered at fault since the other driver will have committed a crime.

Filing a Claim

Oftentimes, after a hit-and-run, you are unable to identify the perpetrator. In this case, you'll need to submit a claim against your own insurance provider. Because your insurance provider may be unwilling to offer you a high settlement amount, you may need help from a personal injury attorney who will help you negotiate for a better settlement. By doing so, you'll be able to receive the compensation that you deserve. 

For more information, contact a hit-and-run-attorney in your area.