Being involved in a car accident is always a stressful experience, but when the other driver flees the scene, it can make the situation even more difficult. Hit and run accidents happen when one driver causes an accident and then leaves without stopping to provide their information or help those who are injured. In Texas, this is not only illegal but can also leave victims in a challenging position when it comes to seeking justice and compensation. Understanding the legal recourse available to hit and run victims is important in order to move forward and obtain the support needed to recover from such an event. At, Willumsen Law Firm, P.C., we are here to guide you through the legal process and help you navigate the complexities of your case.
The Impact of a Hit and Run Accident
A hit and run accident can leave a victim feeling shocked, confused, and vulnerable. Since the person responsible for the accident has fled, the victim is left to deal with the immediate aftermath on their own. This may include contacting the police, seeking medical attention, and trying to figure out how to handle the financial burden of car repairs, medical bills, or lost wages due to injuries. The emotional toll can also be significant, as victims may feel angry or scared, especially if the driver who hit them cannot be easily identified or located.
The legal consequences for the driver who leaves the scene of an accident in Texas can be severe. Under Texas law, fleeing the scene of an accident where there has been property damage, injury, or death is a crime. The seriousness of the charge depends on the severity of the accident. For example, leaving the scene of a minor fender bender may be treated as a misdemeanor, while fleeing after causing serious injury or death can lead to felony charges. For victims, knowing that there are penalties for hit and run drivers can provide some comfort, but it doesn’t erase the challenges they face in the meantime.
What To Do After a Hit and Run Accident
If you are involved in a hit and run accident, it is important to take certain steps to protect your rights and improve your chances of finding the driver who fled the scene. The first thing to do is to ensure that you are safe and seek medical attention if needed. Even if your injuries do not seem severe at first, it is important to be evaluated by a doctor as some injuries may not be immediately apparent. Additionally, obtaining medical documentation of your injuries is important if you plan to pursue a legal case later on.
My focus is to give a voice to families who have suffered a wrongful death or a serious injury to a family member caused by an 18-Wheeler, commercial truck, or a drunk driver. Contact us today, we can help you.Helping Injury Victims for Over 25 Years
Next, you should call the police to report the accident. When the police arrive, they will gather information, take a report, and possibly start an investigation to identify the fleeing driver. Try to remember as many details as you can about the other vehicle, such as the make, model, color, and license plate number. Even partial information can be helpful. Witnesses to the accident can also provide valuable information, so try to get their contact details and encourage them to share what they saw with the police.
It is also important to document the scene of the accident. Take photos of the damage to your vehicle, any injuries you sustained, and the surrounding area. This evidence can help support your case if you need to file an insurance claim or take legal action later. If you have a dashcam or if any nearby businesses have security cameras, this footage may also prove useful in identifying the driver.
Legal Options for Victims of Hit and Run Accidents
Once the immediate aftermath of the accident has been addressed, hit and run victims in Texas have several legal options to pursue compensation. One of the first steps is to work with your insurance company to explore coverage under your policy. In Texas, drivers are required to carry uninsured or underinsured motorist coverage, which can provide compensation in situations where the responsible driver cannot be identified or does not have sufficient insurance. This coverage can help with medical expenses, car repairs, and other costs associated with the accident.
I highly recommend attorney Fred Willumsen. He is professional, thorough, forthright, and kind. He communicated well throughout the process, took the time to answer any question I had, told me just how things were, whether good news or bad. He advised well on decisions I needed to make, and his support team did a great job in helping to navigate and resolved my case with the best results possible. Thanks again, Fred!” - A.M. Fred Willumsen was understanding , compassionate and very knowledgeable . Mr. Willumsen kept in contact with us every step of our case . His time and dedication was definitely appreciated.” - Sean Smith
If the fleeing driver is identified, the victim can pursue a claim against the driver’s insurance company for damages. This process can involve negotiating with the insurance company or, in some cases, taking the matter to court. However, dealing with insurance companies can be complicated, as they may try to minimize the amount of compensation they pay. This is why many victims choose to seek legal representation to help them navigate the process and ensure they receive fair compensation for their injuries and losses.
In cases where the hit and run driver is found but does not have insurance, or their insurance coverage is insufficient, the victim may have the option to file a personal injury lawsuit. A personal injury lawsuit allows the victim to seek compensation for both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. In some cases, the court may also award punitive damages, which are intended to punish the driver for their reckless behavior in fleeing the scene of the accident.
Related Videos
Choosing a Personal Injury Attorney
Types of Compensation in a Truck Accident Claim
Challenges in Resolving Hit and Run Cases
Resolving a hit and run case can be more difficult than other types of car accidents because the identity of the driver is not always known. When the driver cannot be located, victims may feel as though they have no option but to cover their expenses on their own. This can be frustrating, especially when the victim did nothing wrong and is left with mounting bills and a damaged vehicle.
Another challenge is the timeline for resolving these cases. Hit and run investigations can take time, and the police may not always have enough evidence to identify the fleeing driver right away. This can leave victims in limbo, waiting for updates while trying to recover from their injuries. During this time, it is important to stay in contact with the police and provide any additional information that may help the investigation.
For victims who are pursuing a personal injury lawsuit or insurance claim, the legal process can also take time. Negotiating with insurance companies, gathering evidence, and preparing for court if necessary can be a lengthy process. However, with the right legal representation, victims can ensure that they are taking the necessary steps to maximize their chances of success.
The Role of Legal Representation in Hit and Run Cases
Because hit and run cases can be complex, many victims choose to hire a lawyer to help them navigate the legal system. A lawyer can assist with gathering evidence, dealing with insurance companies, and pursuing compensation through a personal injury lawsuit if necessary. In addition, having a lawyer on your side can give you peace of mind during a stressful time, as you will have someone to guide you through the process and advocate for your rights.
In Texas, hit and run victims have a limited amount of time to take legal action. The statute of limitations for personal injury cases is generally two years from the date of the accident. This means that if you are considering filing a lawsuit, it is important to act quickly to ensure that your case is filed within the required timeframe. A lawyer can help you understand the deadlines and ensure that all necessary paperwork is submitted on time.
Seeking Justice After a Hit and Run Accident
While the driver who caused the accident may have fled the scene, hit and run victims in Texas still have options for seeking justice. Whether through their own insurance policy, a lawsuit against the fleeing driver, or other legal avenues, victims can pursue compensation for their injuries and losses. While the process can be challenging, knowing your rights and working with a lawyer can make it easier to navigate and achieve a positive outcome.
If you or someone you love has been the victim of a hit and run accident in Texas, you do not have to face the challenges alone. The legal process can be complex, but the team at Willumsen Law Firm, P.C. is here to help you every step of the way. With the right guidance, you can seek the compensation you deserve and hold the responsible party accountable. Contact Willumsen Law Firm, P.C. today to discuss your case and learn how we can assist you in moving forward.