In the blink of an eye, a hit-and-run accident can turn your life upside down. The shock, the injuries, and the emotional trauma are overwhelming on their own. But what happens when the driver responsible for the accident flees the scene, leaving you with mounting medical bills, vehicle repairs, and no one to hold accountable?
It's a scenario that far too many individuals find themselves in, but it's not without recourse. While the road to recovering damages after a hit-and-run can be challenging, it's not impossible. Here are some steps you can take if you’re facing this situation:
Step one: File a police report immediately
After a hit-and-run accident, the first step is to contact the authorities and file a police report. Provide as many details as you can recall about the incident, including the time, location, and any identifying information about the vehicle or driver, if available. Even if the driver is never found, having an official police report on record is crucial for any future legal actions.
Step two: Notify your insurance company
Reach out to your insurance company as soon as possible to report the accident. Depending on your policy and coverage, your insurance provider may be able to help cover some of the damage, such as medical expenses and vehicle repairs, through uninsured motorist (UM) coverage.
UM coverage provides protection for bodily injury and property damage sustained by you or the passengers in your vehicle as a result of an accident involving a hit-and-run driver or a driver who has insufficient insurance to cover the damages.
In Ohio, UM coverage is optional.
Step three: Gather evidence
If you're physically able to do so, gather as much evidence from the scene as possible.
Start by taking photos of the accident scene. Capture the damage to your vehicle from multiple angles, ensuring you get clear images of any dents, scratches, and broken parts. If you sustained visible injuries, photograph them as well. Additionally, take pictures of any debris, tire marks, or parts left behind by the other vehicle, as these can provide clues about the vehicle involved and the direction it was traveling.
It's also crucial to collect eyewitness accounts. Approach anyone who may have seen the accident and ask if they're willing to provide a statement. Record their contact information and a brief summary of what they witnessed. If possible, use your phone to record their statements on video, as this can serve as powerful evidence later on.
Check the surrounding area for any surveillance cameras that might have captured the incident. Businesses, homes, and traffic lights are common places for cameras that might provide footage of the hit-and-run. Make a note of their locations and contact the property owners or relevant authorities to request copies of the recordings.
If you're unable to gather this evidence yourself due to your injuries, ask a bystander or a friend to help. The more information you can collect at the scene, the stronger your case will be when you report the accident to the police and your insurance company.
Step four: Consult with a Personal Injury Attorney
Navigating the legal complexities of a hit-and-run accident can be overwhelming, especially if you're dealing with injuries and emotional distress. Consider consulting with a car accident lawyer who has experience handling hit-and-run cases. They can assess your situation, explain your rights, and guide you through the process of pursuing compensation.
Step five: Explore other avenues for compensation
In some cases, there may be other sources of compensation available to you. For example, if the hit-and-run occurred on a commercial property, you may be able to pursue a claim against the property owner for inadequate security or lighting.
Commercial property owners have a duty to maintain a safe environment for visitors. If the property lacked proper lighting, security cameras, or other safety measures that could have deterred the incident or helped identify the perpetrator, you might have grounds for a premises liability claim. It's essential to document the conditions of the property, including any poorly lit areas, broken security cameras, or lack of signage.
Additionally, if a defective road design or maintenance issue contributed to the accident, you may have a claim against the municipality responsible for maintaining the road. Poor road conditions such as potholes, unclear signage, malfunctioning traffic signals, or obstructed views can significantly contribute to accidents. Document the road conditions with photographs and notes. This information can help establish that the municipality failed in its duty to maintain safe roadways, thereby contributing to your accident.
Furthermore, other potential sources of compensation should be considered. If the hit-and-run driver was working at the time of the accident, their employer might be held liable under the doctrine of vicarious liability. Employers are responsible for their employees' actions while they are performing job-related duties. If the driver was delivering goods, running errands, or otherwise engaged in work tasks, you may have a claim against their employer.
Consulting with a personal injury attorney can help you explore all possible avenues for compensation.
Step six: Seek support
Dealing with the aftermath of a hit-and-run accident can take a toll on your physical, emotional, and financial well-being. Don't hesitate to reach out for support from friends, family, or a professional counselor who can help you cope with the trauma and stress of the situation.
Step seven: Stay persistent
Recovering damages after a hit-and-run accident is often a long and arduous process, but don't lose hope. Stay persistent in your pursuit of justice and compensation.
Keep detailed records of all your expenses related to the accident, including medical bills and vehicle repair costs. This documentation will be crucial when filing claims with your insurance company or pursuing legal action.
Additionally, track any income you lost as a result of the accident. This includes not only wages from missed workdays but also any potential bonuses or promotions you might have missed due to your injuries. Obtain statements from your employer that detail your missed work hours and lost income.
If you experience ongoing pain, emotional distress, or other non-economic damages, keep a journal to document your daily experiences and how the accident has impacted your life. This can provide valuable evidence to support your claim for pain and suffering.