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The Differences Between a Hit-And-Run Case and Other Cases

Jan 22, 2024

Few things can be as heartbreaking and devastating as being involved in a hit-and-run accident. A hit-and-run accident can lead to major injuries, property damage, and even death, but what makes it different from other personal injury cases? In a hit-and-run case, the at-fault driver flees the scene, complicating matters for the victim. This blog will help you understand how a hit-and-run case is different from other personal injury cases.

The Issue of Liability

When it comes to a hit-and-run case, the main issue is often the issue of liability. In typical personal injury cases, it is easier to determine liability by examining evidence gathered from the scene, witness statements, police reports, and other factors. However, in a hit-and-run case, the at-fault driver has fled the scene, making it difficult to determine who is liable for the accident.

The Importance of Eyewitnesses

When the at-fault driver flees the scene, the victim is left trying to identify the person responsible for their damages. Eyewitness testimony becomes critical in such cases since there is no physical evidence that can be used. That's why it is important to gather as many eyewitnesses as possible who can provide information about the accident, such as the make and model of the vehicle, the license plate number, and the possible identity of the driver.

Uninsured Motorist Coverage

In a typical personal injury case, the at-fault driver is responsible for paying compensation to the victim. However, in a hit-and-run case where the driver is not found or identified, the victim has to rely on their insurance coverage to get compensation. That's where uninsured motorist coverage comes into play. Uninsured motorist coverage compensates the victim for their damages when the driver responsible does not have insurance or cannot be identified.

Criminal Charges

In a hit-and-run case, when a driver flees the scene after an accident, they not only face potential criminal charges, but they may also be subject to a lawsuit filed by the victim.

Fleeing the scene of an accident is considered a serious crime, and the driver can be charged with offenses such as hit-and-run, reckless driving, and other related charges. These charges can have severe legal consequences and impact the driver's driving privileges, insurance coverage, and future prospects. It is crucial for drivers to understand the gravity of their actions and the potential consequences they may face for leaving the scene of an accident.

Emotional Distress

Being involved in a hit-and-run accident can result in profound emotional distress, particularly when the victim is unable to ascertain the identity of the responsible driver. This emotional distress can manifest in a multitude of ways, such as post-traumatic stress disorder (PTSD), depression, and anxiety. The victim may experience recurring nightmares, flashbacks, and a constant state of hypervigilance, significantly impacting their daily life and overall well-being.

In such cases, it is crucial to recognize that emotional distress is not only valid but also deserving of compensation. Seeking financial restitution for the emotional toll, in addition to any other financial damages, can provide some measure of relief and support for the victim in their journey toward healing and recovery.

A hit-and-run case is different from other personal injury cases in several ways. With no at-fault driver to hold accountable, a hit-and-run case requires unique strategies for identifying the driver and determining liability. Eyewitnesses become essential in this situation, and it's crucial to gather as much information as possible about the accident.

Additionally, uninsured motorist coverage can provide compensation in the absence of the at-fault driver. Lastly, criminal charges and emotional distress are factors that may arise in hit-and-run cases, making it essential to work with an experienced attorney to navigate these complexities. Let us, at Wingfield, Ginsburg & Lipp, PC, help you get the compensation you deserve.


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