Hit and Run Accidents: What You Should Know

The number of hit-and-run fatalities recently marked an all-time high. Some hit-and-run drivers have no insurance. Others have insurance but are afraid an at-fault accident will cause their rates to skyrocket, while some hit-and-run drivers have other issues, such as outstanding warrants – which they do not want to deal with.

In short, hit-and-run drivers think they can get away with it. But an experienced Rockville personal injury attorney has the resources to track down these individuals. An attorney also presents a compelling case for compensation in court. Also, if the negligent driver remains at large, an attorney gives victims additional legal options.

Proving Liability in Hit and Run Claims

Winnebago County prosecutors must establish guilt beyond a reasonable doubt. In most cases, an eyewitness must place the defendant behind the wheel at or near the time of the accident.

However, in civil court, the burden of proof is only a preponderance of the evidence (more likely than not). So, in most cases, if an attorney tracks down the vehicle’s owner, that’s good enough. It is more likely than not the owner was driving a car at any given time, especially if the owner has no alibi.

Assume a video camera catches the last few digits of a license plate number. An attorney can use that information to track down the vehicle’s owner. Other evidence in these cases includes:

• Additional Witness Statements: Generally, emergency responders only interview witnesses who loiter at the scene. An attorney, often in partnership with a private investigator, knows how to track down other people who might have seen something.
• Body Shop Reports: Hit and run drivers must get their cars fixed somewhere. Frequently, they go to off-the-radar places where the owners are unwilling to speak with police officers. But these individuals generally will speak to a personal injury attorney.

Also, many jurors dislike hit-and-run drivers. Therefore, compensation is usually higher in these cases, which usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

What Happens if a Lawyer Cannot Find the Negligent Driver?

Video cameras do not cover every interaction and other witnesses are not always available. So, there will be times when it’s impossible to locate the negligent driver.

In these situations, victims still have legal options. Generally, these victims can file claims against their own insurance companies. Since the company wants to keep its customer happy, these claims often settle early and on victim-friendly terms.

Procedurally, if the claim does not settle, it probably goes to arbitration. Most insurance agreements contain mandatory arbitration clauses. Arbitration is a lot like a trial, except there is no jury and the proceedings are confidential.

Reach Out to Tenacious Attorneys

Hit and run victims usually have multiple legal options. For a free consultation with an experienced personal injury lawyer in Rockford, contact Fisk & Monteleone, Ltd. You have a limited amount of time to act.