Hit and Run Car Accidents in New Braunfels
When you are involved in a car crash, it is bad enough that a reckless motorist smashed into you, but if that motorist flees the scene, you will worry even more. How will you pay your medical bills? What happens when police find the culprit? And what if they do not?
People flee accident scenes when they are driving without a license or mandatory insurance in Texas, are afraid of getting arrested, or have been drinking or taking drugs they do not want anyone to know about. Their behavior is reprehensible, but you do not have to be victimized on top of being injured. Our skilled attorneys can navigate the legal process for you after hit and run car accidents in New Braunfels.
State Laws for Hit and Run Accidents
All motorists and injured persons involved in a serious motor vehicle accident have obligations according to Texas Transportation Code § 550.023. If property damages, injury, or death occurs, those present must:
- Share contact information
- Exchange license tag registration numbers
- Provide insurance company information
- Produce driver’s licenses if asked
- Determine if anyone is injured and reasonably seek medical help
- Remain at the scene for police and medical help
Leaving the scene of an accident is a Class C or B misdemeanor, depending on how much property damage is done. Leaving when bodily injury occurs is a third-degree felony and a second-degree felony if a death occurs. Jail time and fines apply for these criminal charges. Once an injured person’s medical condition is stabilized, they should contact an injury lawyer experienced in handling hit and run car crashes in New Braunfels.
The Aftermath of a Hit and Run Collision
Injured persons carrying cell phones should take as many pictures as possible of the scene—including the offending driver’s vehicle and license plate, if possible—so law enforcement can easily find the driver if they flee the scene.
If the police catch the fleeing driver, criminal charges will be filed, but the driver can also face tickets for their actions leading to the crash, such as reckless driving or driving under the influence of drugs or alcohol. A seasoned attorney can help injured individuals file claims with the at-fault driver’s insurance company and negotiate suitable settlements to cover incurred losses.
Texas drivers with uninsured motorist/underinsured motorist (UM/UIM) coverage can file a claim with their own insurance companies if the at-fault driver is not located or adequately insured. Because insurers are in business to increase their own profits, injured people should hire a New Braunfels attorney to get the most compensation possible after a hit and run wreck.
Civil Lawsuits
Criminal charges for hit and run accidents are not the same as civil actions to recoup what the injured person has lost. Criminal charges help a civil case under the doctrine of negligence per se, in which injured people have less to prove when the at-fault driver is on record for breaking a law pertinent to the case, such as driving drunk or fleeing the scene. The burden of proof is lower in a civil case, so even if the criminal case is dismissed, an injured person can still obtain compensation for medical bills, lost income, emotional trauma, and property damage.
Our Attorneys Can Guide You After a Hit and Run Car Accident in New Braunfels
Hit and run crashes are not as easy to resolve if law enforcement has trouble locating the at-fault driver. You can usually rely on UM/UIM coverage from your insurer, so make sure you do not reject this coverage in writing.
If police do locate the at-fault driver, criminal charges will be filed along with the civil ones you are entitled to bring. A lot depends on the circumstances of your situation, whether the driver is located, if they are insured, and if they have assets to contribute to your damages award.
Our attorneys know exactly what to do in every possible situation after hit and run car accidents in New Braunfels. Call now so we can help you.
