Traffic accidents are the leading cause of death in the United States, which is why driving anxiety is reaching its peak. Individuals are fearing different kinds of scenarios, and it’s not only drivers who experience traumatic events.
In 2020, hit-and-run accidents resulted in 2,564 deaths, 236,433 injuries, and 529,836 property destruction crashes in the US alone. It is one of the most traumatic driving (and pedestrian) experiences, especially considering that many people are unsure about how to act in this scenario.
Whatever the cause and consequences are, reacting properly can not only affect the outcome of the accident, but it can also save lives. In today's article, we'll talk about what a hit-and-run is, what its types are, and what you should do if you're involved in one.
What is Considered a Hit-and-Run Accident?
A "hit and run" occurs when a driver causes an accident involving another vehicle, a pedestrian, or property and then flees the scene without exchanging information or offering assistance, as required by law. Different outcomes are possible, from a minor parking lot scratch to the tragic loss of life.
Many states classify as a hit-and-run any incident in which a driver leaves the scene of an accident without first reporting it, even if only one vehicle was involved. Single-vehicle accidents can include, but are not limited to:
- Hitting an object on the road, such as a tree or a guardrail. Accidents with parked cars can also fall under this category in some states.
- Cutting the road in order to avoid something or someone: a pedestrian, or any other dangerous blockage.
- Driving off the road due to loss of concentration or any other distractions.
Unless in exceptional cases, hit-and-run is both a criminal and civil offense. If you've been injured in a car accident, you should seek the counsel of a lawyer who specializes in personal injury law.
Types of Hit-and-Run Accidents
Various states treat hit-and-run accidents differently, but the two main types are:
- Leaving the scene of an accident: Occurs when a driver causes a collision but then flees the scene without exchanging information or rendering aid as necessary.
- Failure to report an accident: Happens when a driver is part of the collision but fails to report the accident to the authorities, even if they remained at the scene and exchanged information with the involved party.
Contrary to the main types, Arizona law breaks it down into two main categories: non-injury-related and injury-related.
Non-Injury Related Accident
Hit-and-run offenses are classified as minor when no one is injured. To be clear, this is not to say that the repercussions of a crime that does not result in physical harm are not significant; rather, it is to say that the repercussions of such a crime are typically less severe than those that result in physical harm or death. In Arizona, the law classifies them into one of three categories based on whether or not any injuries were sustained:
- Attended Vehicle: Colliding with another car in motion;
- Unattended Vehicle: Hitting an unattended, parked vehicle;
- Property Damage: Causing damage to someone else's property, such as a fence or mailbox.
Injury Related Accident
Obviously, the stakes are much higher when a person's life is in jeopardy as a result of a hit-and-run accident. When injuries are involved, law enforcement is more likely to conduct a thorough investigation into a case of leaving the scene of an accident than when property damage is the only violation.
When it comes to the law in Arizona, there are two distinct categories for accidents involving injuries: those resulting in minor harm and those resulting in major harm, up to and including death.
Do’s and Don'ts in Hit-and-Run Accidents
To add to the stress of dealing with a car accident on your own, you're often left to do so without any assistance. If you find yourself in this situation, try to stay calm and follow these guidelines for what to do in the event of a hit-and-run.
What you do in the aftermath of a hit-and-run accident is crucial for your health and your legal situation. In a court of law, they can have a major impact on whether or not you win compensation and, if you do, how much you win.
Safety Comes First
First things first, make sure you're okay and look for any injuries. Assuming you are not seriously hurt, you should make sure everyone else involved is well.
Remember that shock can obscure the pain of an injury. Assess yourself from head to toe, looking for any signs of injury or lack of mobility. If the injury is severe, you should call 911 first before attempting to move the victim so that the dispatcher can instruct you on what to do until the police and ambulance arrive.
Once you and your passengers are out of harm's way, it's important to check the scene for any other victims who may still be there.
Contact Emergency Services
Call 911 immediately to report the collision if you haven't already.
Do not hesitate for hours before informing the authorities of the accident. It is still necessary to report the incident for legal and insurance reasons, even if no one was hurt. If your insurance requires proof, have the officer provide you with a copy of the report.
Seek medical attention as soon as possible, even if you don't think you're hurt. Whiplash, sprains, strains, and traumatic brain injuries are just a few examples of injuries that may not show immediate symptoms. Any delay will be used against you by the insurance company, which may try to pin your symptoms on an event that occurred after the accident.
Gather as Much Details as Possible
While you wait for the authorities, document any details you can recall about the other driver and their vehicle. The following are examples of some of the most crucial pieces of information you'll need to collect:
- Time, location, and cause of the accident.
- The driver's state (which corresponds to their license plate).
- The license plate number, or at least the first few digits.
- Specifics on the car's model, color, and model year.
- A detailed description of the driver, down to their age, gender, and distinctive features, if any.
- Car decorations, such as stickers and bumpers.
- Photos of the scene and the damage on your vehicle.
Ask any eyewitnesses for information as to whether they recall any additional information that may have been overlooked. It is important to get the contact information of any witnesses who can help with a police report in case the authorities need to get in touch with them later.
Get in Touch With Your Insurance Provider
The next step is to make a claim with your insurance company. Different insurance companies have different policies. There are policies that give you 30 days to file a claim, and others that require you to do it within the first 24 hours. In any case, you should start the procedure right away while the details are still fresh in your mind.
Keep in mind that different states have their own statutes of limitations. For example, in New York, according to Law SB (Spar and Bernstein), you have three years to submit a claim following a hit-and-run accident. The court is likely to dismiss your claim if the statute of limitations has passed.
After a claim has been filed, the insurance company will investigate the situation in the background to determine whether or not they will pay.
Stay on the Scene
If you or another driver has caused damage, do not leave the scene of an accident. Refrain from following the other driver, even if you’re agitated, and risk getting into a tough situation. Stay where you are until the police arrive, even if the accident involves only one vehicle.
If you're lucky enough to walk away from a crash without any serious injuries and with your car still in one piece, you might be tempted to head home for a while to cool off. However, it's illegal to flee the scene of an accident, so staying put is mandatory until authorities tell you otherwise. Leaving the scene of an accident is a misdemeanor or felony offense, depending on the extent of the injuries.
If the accident took place in an area with poor cell phone reception, it might be acceptable to leave the scene. Most states require that you return to the scene of an accident and wait for law enforcement after leaving to report it.
Most Common Mistakes
Driving Away
Drivers' failure to stop at the scene of an accident is a common error in hit-and-run cases. In many places, doing so constitutes a crime with serious potential repercussions.
Leaving the Scene Without Exchanging Information
Leaving the scene of an accident without gathering information is another common blunder. This means giving each other your names and phone numbers, as well as information about your insurance and vehicle registration.
Not Contacting the Authorities
Forgetting to contact the authorities is a common mistake made by drivers who think they can handle a collision on their own. This is especially true in the event of serious injuries or extensive property damage.
Not Providing Medical Aid
If anyone is hurt in the accident, the driver has a legal responsibility to help them and call for medical help. Additional charges may be brought if a person flees the scene without rendering aid.
Making False Statements
Falsifying police reports is a serious crime that can lead to additional charges and penalties, especially in the case of a hit-and-run.
Evidence Tampering
Evidence tampering can lead to criminal charges and make it more difficult for authorities to hold a driver accountable for an incident in which they were at fault, such as when the driver attempts to hide or destroy evidence, such as vehicle damage.
Insurance Compensation and Types of Compensation
Who is responsible for the costs if the at-fault driver cannot be located after a hit-and-run? To learn the answer, read your insurance policies carefully and have your attorney review them. Your insurance company will use any excuse not to pay a claim against them.
You need to do your research, stay persistent, and talk to your lawyer if you've been involved in such accidents. Even if they are not at fault, your policy may still require you to inform them of the accident as soon as possible. Find the "Notification and Cooperation" clause in your policy that says you have to do this. Your lawyer can help you with this.
The insurance company of the driver who is found to be at fault in a multiple-vehicle accident typically covers the costs of damages and medical care. Without the other driver's information, reporting the incident to your insurance company after a hit-and-run can be difficult. Even so, that doesn't preclude you from seeking assistance from your own insurer.
While all states mandate some form of vehicle insurance coverage, the way in which individual insurance companies handle hit-and-run claims varies widely from one another.
Below is a quick primer on several of the most common kinds of coverage.
Collision
If your car is damaged in an accident, regardless of who was at fault, your collision insurance will pay for the repairs. However, a deductible may be required of you.
Uninsured Motorist (UM)
If the other driver does not have insurance or if you are unable to identify them, your UM policy will protect you.
Underinsured Motorist Bodily Injury (UIBI)
If the other driver does not have enough insurance to cover your injuries, your UIBI policy will. Find out if hit-and-run accidents are covered by your insurance.
Personal Injury Protection (PIP)
You should check if your state offers PIP insurance, as it is only available in no-fault auto insurance states and may be optional in others.
Final Words
The well-being of all parties involved should be your top priority if you are engaged in a hit-and-run accident. However, maintain your composure and consider taking as many notes as possible. If you ever need to file a police report, this will be a massive benefit.
The priority in the aftermath of such an incident should be ensuring everyone's safety. Report the accident to the police and file a claim with your insurance company right away to avoid trouble down the road.
Successfully claiming damages after a hit-and-run accident may depend on the skill of the attorney you hire to represent you. Make sure the law firm you hire has experience with similar accidents before filing a claim for compensation after such an incident.
But the best thing you can do is to avoid any kind of traffic accident. So, keep driving safely, be aware of your surroundings at all times, and remain in a clear mental state when sitting in front of a driving wheel.