San Antonio Hit-and-Run Accident Lawyer
Hit-and-run collisions occur when there was contact between vehicles, and the at-fault driver flees the scene or leaves the scene. There are many reasons why drivers chose to flee the scene. Often, it is because the driver thinks they are going to get in trouble because they do not have insurance coverage, or because they do not have permission to use the vehicle. Additionally, a person might flee the scene if they were under the influence of either alcohol or drugs.
If you were injured in an auto collision due to a fleeing driver, you might be unsure of what to do next. Let a San Antonio hit-and-run accident lawyer advocate on your behalf and get you the compensation you need. Speak to a seasoned car accident attorney to learn about what to do following a crash.
Where In San Antonio Do Collisions Mostly Occur?
They do happen in some of the major thoroughfares that run through the city, Interstate 35 and Interstate 10. Collisions also occur on Loop 410, 1604, as well as Highway 281, Highway 151.
Finding The Responsible Party
Leaving the scene is a crime, especially if someone was killed or severely injured is a severe crime. Those who flee the scene can be charged with a misdemeanor offense to a felony offense, depending on the severity of the injury.
Unless there are eyewitnesses or someone got the license plate number, it can be difficult to collect information from the driver and their insurance company. Liability can also be impacted unless some eyewitness again saw what happened and that witness identifies.
If the fleeing driver cannot be found, then a hit-and-run accident attorney can help with an uninsured motorist claim. This means if no information was ever found, then the claimant would have to make an uninsured motorist claim on their vehicle’s policy.
What Are The Recoverable Damages In A Hit-And-Run Case?
The types of damages a person could recover in a hit-and-run case is similar to other car accident damage claims. This includes:
- Medical expenses that are incurred
- Surgery
- Lost wages
- Mental anguish
- Pain and suffering
- Impairment
- Disfigurement
A local car crash attorney can calculate the claimant’s losses and help them seek compensation for their injuries.
What Are Punitive Damages?
When someone flees the scene of an accident, and there were injuries involved, the driver committed a crime by fleeing the scene. If a motorist fled the scene and they committed the crime, then that conduct can be considered egregious and done with malice. Malice is a requirement in Texas to recover punitive damages. And once the driver violates a criminal statute such as fleeing the scene when someone’s injured or died, then the claimant can ask for a jury to assess punitive damages as a result.
What to Do if You Are Involved in a Hit-and-Run Accident
In the chaotic aftermath of a hit-and-run, what you do in the moments and days following the incident can significantly impact your legal case and your ability to recover damages.
If you are able, taking these steps may help preserve critical evidence and support your claim:
- Stay at the scene and call 911 immediately
- Request medical assistance if anyone is injured
- Provide law enforcement with as many details as possible about the fleeing driver and vehicle
- Look around for potential witnesses and ask for their contact information
- Take photos of your vehicle, the accident scene, and any visible injuries
- Inform your insurance company promptly, especially if you plan to file an uninsured motorist claim
Even if you were too injured to gather this information at the scene, a San Antonio hit-and-run attorney could assist in collecting evidence after the fact. Surveillance footage from nearby traffic or security cameras may capture the event.
Additionally, Tex. Trans. Code § 550.021 mandates that drivers involved in an accident resulting in injury or death must stop and render aid. Violating this law can strengthen the civil case against the at-fault driver, should they later be identified.
Why Legal Representation Is Essential
Hit-and-run cases often present more legal obstacles than traditional car accidents. From dealing with uncooperative insurers to the uncertainty of identifying a responsible party, these cases require the skill and resources of a knowledgeable attorney. If someone took down the license plate information, then an attorney may be able to get information about the vehicle’s owner.
Under Texas Civil Practice and Remedies Code § 41.003, a driver who flees the scene may be subject to exemplary damages if their actions show gross negligence or malice. A seasoned legal advocate can determine whether you meet the criteria to pursue this form of compensation.
How a San Antonio Hit-And-Run Accident Attorney Can Help
After a motor vehicle crash, you should seek help immediately from a skilled attorney in your community. An attorney can help to gather, investigate the hit-and-run gather evidence as soon as possible. If someone got the license plate, then there are ways through a farm database where we can actually punch in the license plate number, get information from the vehicle’s owner that fled. Additionally, if the driver cannot be found, an experienced lawyer can help make an uninsured motorist claim.
Schedule a consultation today with a San Antonio hit-and-run accident lawyer to get started on your case.
