Steps to take whether you’re the victim or perpetrator
Hit-and-run crashes are more common than you might think, with one happening every 43 seconds in the United States. This article explains the crucial steps victims and perpetrators should take following a hit-and-run accident in West Virginia.
Imagine driving home after a long day at work, the roads so familiar you start daydreaming about seeing your children and what you'll eat for dinner.
Then, a sudden collision, followed by the shock of the impact, and—nothing. The other vehicle vanishes into the night.
This scenario is far too common for West Virginia drivers. In this article, we'll explore the laws governing hit-and-run crashes, including what steps you should take, whether you're the victim or perpetrator.
How common are hit-and-run accidents in West Virginia?
A hit-and-run crash happens somewhere in the United States every 43 seconds, according to the National Highway Traffic Safety Administration.
West Virginia doesn’t maintain hit-and-run statistics, but the most recent report from the State Highway Patrol indicates that roughly 900 individuals are seriously injured and 280 individuals are killed every year in West Virginia car crashes.
What constitutes a hit-and-run in West Virginia?
West Virginia’s hit-and-run laws can be found in Chapter 17C of the West Virginia Code.
To avoid being charged with a hit-and-run under the law, drivers must take three steps following a crash that causes an injury, death, or property damage:
- Stop their vehicle at the scene of the accident (or as close to the scene as possible),
- Provide their name, telephone number, last four digits of the vehicle identification number, and insurance information to any person involved in the crash or to a police officer at the scene, and
- Render reasonable assistance to anyone injured if physically capable of doing so.
If you fail to complete any of these three steps, you may be charged with a hit-and-run.
The penalties for a hit-and-run in West Virginia
The penalties for a hit-and-run crash depend on the damages and injuries caused by the driver. Here’s a breakdown:
| West Virginia hit-and-run penalties | ||
|---|---|---|
| Type of accident | Category | Penalty |
| Property damage only | Misdemeanor | Up to 10 days in jail; up to $100 fine |
| Injury | Misdemeanor | Up to 1 year in jail; up to $1,000 fine |
| Serious injury | Felony | 1-3 years in jail; up to $2,500 fine |
| Death | Felony | 1-5 years in jail; up to $5,000 |
| Source: W. Va. Code ch. 17C | ||
What should you do if you flee the scene of a car accident?
Fleeing the scene of a car crash is always the wrong decision. But people make mistakes. If you fled the scene of a crash, you should take the following steps to minimize liability:
- Return to the scene: If it’s not too late, return to the scene of the crash so you can exchange the necessary information and render aid.
- Contact the police: If it’s too late to return to the scene, you need to report the accident to the local police. Doing so might not save you from a hit-and-run conviction, but it’s the right thing to do, and it may result in you receiving a lesser sentence than if law enforcement is forced to track you down.
Recovering damages after a hit-and-run crash
If the police are able to identify the hit-and-run driver, you can file a claim against their insurer or file a personal injury lawsuit against them.
In most states, if you’re unable to identify the hit-and-run driver, you’re out of luck. However, in West Virginia, drivers are required to carry uninsured motorist (UM) coverage. As a result, if you can’t identify the hit-and-run driver, you can still receive compensation by filing a claim under your UM coverage.
The minimum amounts of UM coverage required in West Virginia are as follows:
- $25,000 for bodily injury or death per person.
- $50,000 for total bodily injury or death liability per accident.
- $25,000 for property damage per accident.
Steps to take if you’re the victim of a hit-and-run accident in West Virginia
Being the victim of a hit-and-run accident can be overwhelming. But there are some simple steps you can take to protect your rights and increase your chances of recovering damages:
- Seek medical attention: Prioritize your health and well-being by getting checked for any injuries, even if they appear minor.
- Report the accident: Inform the police as soon as possible, providing them with any details of the fleeing vehicle you managed to notice.
- Document everything: Take photos of the scene, your injuries, and any damages. Collect contact information from witnesses.
- Contact your insurance: Notify your insurer about the accident, but be wary of quick settlement offers that may not fully cover your losses.
- Consult a lawyer: An experienced car accident attorney can be your advocate, guiding you through the process of recovering damages and navigating the legal system.
West Virginia hit-and-run FAQs
Still have questions about hit-and-run accidents? Let’s see if we can answer them:
The spotlight often falls on drivers, but passengers in a hit-and-run scenario can also find themselves under scrutiny. In West Virginia, while the primary legal obligations rest with the driver, passengers may face legal consequences if they actively encourage the driver to flee or if they assist in concealing the crime. However, merely being a passenger without further involvement typically does not constitute liability.
For purposes of a hit-and-run accident, accidents that occur on private property are no different than those that occur on public roads. Private property does not provide a shield against hit-and-run charges, and law enforcement can still pursue an investigation and impose penalties as if the incident occurred on public roadways.
Under West Virginia’s statute of limitations, hit-and-run victims typically have two years to file a lawsuit from the time the hit-and-run driver is discovered. There are exceptions to this general rule, so you should consult with a personal injury attorney about your specific case before concluding that the statute of limitations has expired.
Law enforcement agencies deploy a range of investigative tools, from canvassing for surveillance footage to witness interviews and forensic analysis of the accident scene. Modern technology, including traffic cameras and vehicle telematics, plays a crucial role in piecing together the sequence of events and identifying the fleeing vehicle.
If the hit-and-run driver is eventually found but lacks insurance, your uninsured motorist (UM) coverage can still come into play. This part of your policy not only covers hit-and-run accidents but also incidents involving drivers without insurance.
If you or a loved one has been involved in a hit-and-run accident, remember that you are not alone. Resources are available, and the law is on your side. Seeking legal advice can be a critical step in healing and moving forward.
See our guide Choosing a personal injury attorney.