If you have been the victim of someone hitting your car and leaving the scene, we can help. The car accident lawyers at TK Injury Lawyers will work directly with you to hold any negligent or reckless party accountable.
An accident is considered to be a “hit-and-run” when a vehicle operator strikes another vehicle, person, or object and immediately vacates the scene.
In a hit-and-run, the perpetrator will leave the accident scene without contacting the proper authorities or providing insurance information.
In a hit-and-run with an object, a motorist may hit a structure, fixture, or highway landscaping. Telephone poles, trees, and mailboxes all fall into this category.
No matter the specific circumstances, a person violates the law any time he or she flees the scene of an accident.
According to the Texas Transportation Code § 550.021, in either an accident involving bodily injury or death, the liable party must take the following actions:
In an accident involving damage to a vehicle, the same steps must be taken. If the accident took place on a main road, freeway, shoulder, or ramp, and both vehicles can still be safely driven, the operators should move their cars to a safer area.
Under the same law, a person who damages an unattended vehicle must stop and provide his or her name and address to the owner of the vehicle.
If the owner cannot be located, the person who struck the vehicle must leave a written note, including their name and address and detailing the circumstances of the collision.
If someone hit your vehicle and drove off, you should take the following steps:
A motorist who disobeys the law and has been involved in an accident resulting in bodily injury or death has committed a felony.
If anybody has died, then the act is a second-degree felony. The non-compliant party could face anywhere between two to 20 years in prison.
If anybody is injured, then the act is a third-degree felony. Although a less serious offense, the non-compliant party could still face between two to 10 years in prison.
If a person does not comply with the law and has been involved in an accident resulting in vehicle damage, the individual has committed a misdemeanor. The amount of damage will determine the severity of the crime.
For instance, if there is less than $200 in repairs for all vehicles, then the noncompliant party would be charged with a Class C misdemeanor. A Class C misdemeanor can result in a fine of up to $500 but no jail time.
If there is more than $200 in damage, then the noncompliant party would be charged with a Class B misdemeanor. This can result in a maximum of 180 days in jail and/or a fine of up to $2,000.
If you are able to locate the other driver, then you can make a claim with their insurance company.
If they do not have enough coverage, you may be able to file a lawsuit. This could help cover any compensatory damages. Compensatory damages would include any actual losses you suffered.
There are two kinds of compensatory damages: special and general damages.
Special damages are specific expenses that are easily quantifiable. These include:
General damages are losses that affect a person’s quality of life but do not have a specific price tag associated with them. These include:
In an accident in which the other driver bolts, you most likely did not exchange insurance information.
In these situations, you can use your own insurance carrier to pay for damages through your uninsured motorist coverage (“UM/UIM insurance.”). This will cover your expenses when the other driver is at-fault but has fled the scene. It is also used in situations where the other motorist does not have enough liability insurance or no coverage.
Anyone who drives should have UM/UIM insurance. It is recommended that you carry enough property damage coverage to cover the cost of replacing your vehicle.
You can be blindsided by another driver hitting your vehicle and immediately driving off. Don’t let those responsible for your suffering get away with it. Contact TK Injury Lawyers today to schedule your free consultation.
The rules of the road and the laws that govern traffic are different in each state. When drivers violate the rules, they can cause crashes, and victims should discuss their rights with a car accident lawyer. Over the last several decades, many states have implemented stricter regulations for risky and distracted driving due to an […]
Many car accident victims believe that if they do not hire a lawyer right away, then they have to go through the claims process alone. Even if you have been through months of failed insurance negotiations, an attorney will most likely be able to assist you. If you have been in a car accident, it […]