Hit and Run Car Accidents in Killeen
A car accident can be distressing under any circumstances, but hit and run car accidents in Killeen are especially difficult to deal with. In addition to the emotional distress you might feel because the other driver refused to take responsibility, getting the compensation you deserve can be more challenging after a hit and run. Working with a car accident attorney can help you get the best outcome possible.
Can You Sue After a Hit and Run Car Accident?
Unlike other car accidents that strictly involve civil law, a hit and run is a crime. Texas Transportation Code § 550.021 requires drivers to stop after an accident, provide their contact and insurance information, and provide any help the other driver might need, such as calling an ambulance. Fleeing the scene of an accident is a misdemeanor if there is only property damage and a felony if there are physical injuries. This means there could be a criminal case against the hit and run driver. If convicted, they would face consequences like fines, jail time, or a suspended driver’s license. However, this does not prevent the injured person from filing a lawsuit.
In Texas, the injured person needs to file a claim with the other driver’s insurance company to receive compensation. If the amount the insurance company offers does not account for all a person’s losses, they can also choose to file a lawsuit against the other driver. In either case, the injured person is seeking financial compensation.
The major complication in a hit and run situation is finding the driver. Sometimes, witnesses or cameras make identifying a fleeing driver relatively easy. However, this is not always possible. For example, if the accident happened on a smaller side street without businesses or traffic cameras, there might not be any witnesses or video evidence available. Locating the hit and run driver can take time, so it is important to keep the two-year statute of limitations in mind. Injured people have two years to file a claim after an accident.
What Types of Compensation Are Available After a Hit and Run?
In most car crash cases, the two major types of compensation an injured person might receive are economic and non-economic damages. These are meant to provide compensation for the financial and emotional loss the injured person might have experienced. Economic damages are calculated based on the specific costs involved, like medical bills, lost wages, and car repair or replacement expenses. Non-economic damages cover less tangible losses, like emotional distress or pain and suffering.
In a Killeen hit and run car collision case, a court might also award punitive damages. Unlike other damages, these are intended to punish the person responsible for the accident. To owe punitive damages, the other driver needs to have been grossly negligent. This means they knowingly acted in an extremely risky manner. Punitive damages are limited to either $200,000 or the total of two times the economic damages plus the non-economic damages, whichever is greater. There is also an overall $750,000 limit on punitive damages.
Talk to a Killeen Attorney After a Hit and Run Car Accident
Figuring out your next steps after a hit and run car accident in Killeen can be difficult. A lawyer can help you pursue the compensation you deserve so you can focus your energy on recovering from your injuries. Schedule a consultation with Felix Gonzalez Accident and Injury Law Firm today.
