What to do After a Hit-and-Run Collision
What is a Hit-and-Run?
A hit-and-run collision occurs when the driver of a motor vehicle hits another vehicle, person, or object and flees without providing contact or insurance information. In Texas, Chapter 550, Subchapter B of the Texas Transportation Code sets forth duties drivers must follow following a motor vehicle accident. The prescribed duty depends on the circumstances of the accident.
The Texas Transportation Code requires all drivers involved in an accident—regardless of fault—resulting in property damage to:
Immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
Immediately return to the scene if the vehicle is not stopped at the scene; and
Remain at the scene until the driver renders aid and provides certain information.
When an accident results in injury or death, Texas law also requires the driver to determine whether anyone requires aid and, if so, provide reasonable assistance (e.g., transporting or making arrangements for transporting the injured person for medical treatment). Following any collision, Texas drivers must provide their name and address, driver’s license, vehicle registration number, and automobile liability insurer information to any injured party who requests it. Failure to comply with these statutory duties could result in criminal charges.
What Should I Do After a Hit-and-Run?
A motor vehicle collision can be stressful and expensive, especially for the at-fault driver. Occasionally, the at-fault driver will flee the scene without calling 911 or communicating with the injured party.
Without the fleeing driver’s name and insurance information, it can be difficult—if not impossible—for an injured party to recover damages through the at-fault driver’s insurance policy. However, there are some steps you could take after a hit-and-run to improve the chances of finding the at-fault driver so you can recover damages caused by that driver’s negligence.
Make Sure You and Your Passengers are Safe
Immediately after a collision, your priority should be to ensure that you and your passengers are safe. Check on your passengers—especially small children—to see whether anyone sustained injuries or requires emergency medical care. If possible, Texas law requires you to remove your car from the roadway so that it does not obstruct traffic more than necessary.
Call 911 and Seek Medical Treatment If Necessary
It is almost always in your best interest to call 911 and request police assistance immediately after a car accident. After a hit-and-run collision, calling 911 and requesting police assistance could prove even more beneficial.
Law enforcement officers’ chances of locating and apprehending a hit-and-run driver diminish the longer it takes to notify the authorities. However, even if the police fail to locate the driver, the responding officer could draft a police report that documents the time and location of the collision, which you may need later if you pursue an uninsured motorist claim.
While you may be emotional, it is best to remain calm while speaking to the responding police officers. If anyone in your vehicle sustains injuries, notify the 911 dispatcher so that the dispatcher can send an ambulance to the scene.
Gather as Many Details as Possible
After a motor vehicle accident, some drivers—especially those with outstanding warrants, without auto insurance, or under the influence of alcohol—panic and flee the scene without complying with their statutory duties. When this happens, there are some steps an injured party can take to help track down and hold the at-fault driver responsible.
Once you call 911, write down as many details about the driver or vehicle (e.g., make, model, color, and license plate) that you can remember. If you do not have a writing instrument, use your phone’s notes app to record these details.
If there is any physical evidence or property damage at the scene, take pictures and point out these items to the police officers when they arrive.
If you locate any witnesses, try to obtain formal, detailed witness statements regarding their observations. Make sure to get each witness’s name, phone number, address, and email address.
If you can do so safely, take pictures or videos of the driver before he or she flees the scene. If you cannot do so safely, try to note as many details about the driver’s appearance as possible.
Taking pictures of or details about the driver’s appearance is important because information about the vehicle without evidence of the driver may be insufficient to prosecute a liability insurance claim. For example, assume that police officers identify the vehicle’s owner after the collision and go to the owner’s residence to investigate the hit-and-run collision. When the police confront the owner, the owner denies involvement and claims that someone stole the vehicle before the collision. Without a confession or additional corroborating evidence, the police officers probably will not make an arrest. Further, many insurance companies—especially substandard insurers—will likely take the owner’s word and deny a victim’s claim for damages.
Speak With an Experienced Accident Attorney
An experienced injury lawyer can assist you after a hit-and-run collision by helping to gather and organize the evidence necessary to help you recoup your damages. If neither you nor the police officers locate the adverse driver, an injury lawyer may be able to help you pursue an uninsured motorist claim or PIP claim against your insurance company.
Generally, the longer it takes for a hit-and-run victim to hire an attorney, the more likely the insurance company will either undervalue or deny the claim. If someone’s negligence injures you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.