Five Essential Steps for Hit-and-Run Accident Victims
In the United States, victims report nearly three-quarters of a million hit-and-run accidents every year. Up to half of these accidents involve pedestrians or bicyclists, and children are especially at-risk. You must be prepared.
Far more than a traffic accident, a hit-and-run is a violent criminal assault, not just irresponsible but also cowardly. Fugitive drivers generally are under the influence of alcohol, driving without licenses, or burdened by long arrest and conviction records. No matter why they flee, though, they deserve aggressive criminal and civil prosecution. Prosecutors and personal injury attorneys advise you to protect yourself with ample uninsured motorist coverage. More importantly, if you are the victim of a hit and run, they advise these five essential steps…
1. Honor your responsibilities. Protect your rights.
First and by far most importantly, stay calm. Take a few deep breaths and get oriented before you do anything. Call 9-1-1 right away. Assess your physical condition as realistically as you can. Because all your stress chemicals are surging through your system, you may not feel much pain, but check carefully for blood and broken bones. If your intuition says you are seriously hurt, simply stay warm and seek shelter in a safe place. If you are not too badly injured, attend to other victims, and make sure you have moved vehicles and accident debris from the roadway, or ask a by-stander to direct traffic around the scene.
If you are not too badly hurt, use your cellphone camera to take lots of pictures, photographing injuries, property damage, and other consequences of the accident. While you take pictures, get names and contact information for eye-witnesses to the accident. Persuade them to stay on-scene and give statements to police.
2. Contact police or state troopers.
When you have secured treatment for the injured and made the scene as safe as possible, speak with police. Because hit-and-run is a serious crime, law enforcement officers are eager to apprehend the criminal driver. Carefully, accurately recall as many details of the vehicle and driver as you can. If you remember very little, it is better to admit you have no recollection than to guess at the details. Of course, you should share your pictures with investigators.
Although you have done absolutely nothing wrong, nevertheless you should exercise some caution and self-restraint when you speak with law enforcement officials. If the person responsible comes forward or gets caught, his attorney will try to mitigate his fault with statements that suggest you may, in part, be responsible for the accident and its consequences. Therefore, scrupulously avoid discussing causes and “fault.” Stick precisely to the facts of what happened and how it affects you.
3. Get medical attention.
Even if you feel fine, get a complete medical examination. Tell ER physicians what happened, and let them test and diagnose you. If you lost consciousness—even for a split second—make sure physicians check for concussion or brain injury. ER docs will advise you to visit your primary care physician approximately 48 hours after the accident, because soft-tissue injuries take some time to develop. Follow their advice.
4. Contact your insurance company.
In fact, your insurance company may prove your most valuable asset in your accident’s aftermath, because the company is as eager to collect from the criminal driver as you are. You may call your insurance agent, but most companies recommend you call their claims specialists, who have everything you need right at their fingertips. Claims specialists often are as well-versed in accident law as attorneys, so seize the opportunity to ask your questions while you speak with your adjuster.
5. Find a good personal injury attorney.
Even if the accident seems minor, meet with an attorney. The consultation and case evaluation cost you nothing, and your attorney can put you in-touch with victims’ rights groups and sources of financial support. Your insurance company may refer you to an attorney; if they recommend a lawyer, follow their recommendation. Otherwise, find a skilled accident attorney in the Martindale-Hubbell evaluations. If your attorney encourages you to take legal action, she will take the case on a “contingency,” meaning you pay nothing unless you win your case.
If police find the fugitive driver, sue him for both compensatory and punitive damages. Sue for all your medical and rehabilitation costs plus the cost of your inconvenience, pain, and suffering—what the law calls “loss of the enjoyment of life.” Moreover, sue the criminal driver for the cost of his negligence. Punitive damage claims can reach into the millions.
Police, first responders, doctors, attorneys, and insurance agents all describe hit-and-run accidents as “heinous”—exactly the right word. If you have suffered from a hit-and-run driver’s flagrant disregard for your safety and well-being, contact a well-qualified personal injury attorney to get the full measure of justice you deserve.
Photo credit: car accident @ vestavia hills by rian castillo/flickr
Author Stephen Anderson is an insurance consultant who strongly suggests that you search online for an Auto Insurance Quotes Comparison to make sure you are getting the best deal available. Georgia Car Insurance Quotes is just one example of the state rates you can compare.
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