Injured in a Hit-and-Run Accident? Here Are Your Legal Options

Being injured in a car accident is bad enough without dealing with the hit-and-run aspect. Yet, it happens often. In 2022, 859,421 estimated hit-and-run accidents were reported in the US. These cases can be more complicated because identifying the responsible driver may affect insurance coverage and liability.

So, what are the options for victims injured in a hit-and-run accident? Learn more below.

What is a hit-and-run accident?

When someone is involved in an accident and leaves the scene without providing their information, it is considered a hit-and-run accident. Hit-and-runs aren’t always with other vehicles, however. Sometimes people hit property, pedestrians, or cyclists and leave the scene. Note that for an insurance claim against an unknown ‘hit-and-run’ driver, Mississippi law usually requires physical contact between the two vehicles to trigger your uninsured motorist coverage. In other words, if someone drives recklessly and almost strikes your vehicle, causing you to swerve into a parked car, they did not technically commit a hit-and-run for the purposes of uninsured motorist (UM) coverage as they made no contact with you or your vehicle. In most cases, without physical contact, uninsured motorist coverage will not apply.

There are many reasons a person may flee the scene, including a lack of insurance, warrants out for their arrest, or driving a stolen vehicle.

What legal options do victims have?

A victim’s legal options vary based on the evidence and other circumstances. We recommend you speak to an experienced attorney to understand what might be available in your case. Generally, victims may pursue the following:

Insurance coverage

If the driver is found and they have car insurance, then that is one option for compensation. Another option may include uninsured motorist coverage, but it typically does not apply in ‘phantom motorist’ situations (where a driver who causes a crash by their driving, but doesn’t actually make physical contact with anyone or anything). In Mississippi, if the other driver cannot be found, they are treated as an ‘uninsured motorist.’ Most Mississippi drivers have Uninsured Motorist (UM) coverage on their own policies (unless they opted out in writing), which can pay for your medical bills and property damage. Each insurance policy is tailored to the specific holder, so it’s important to understand the coverage and limitations.

Sometimes, this option comes with challenges. An experienced personal injury attorney can help clients navigate this process.

Civil litigation

If the driver is found, a civil litigation lawsuit may help hold them accountable. This can also help people to recover damages related to medical expenses or property. In Mississippi, there is a three-year statute of limitations for filing personal injury claims after an accident.

Settlement or trial

If someone has built a strong case, they can fight for a settlement or take it to trial. Building a case takes a lot of legal knowledge to understand the ins and outs. It’s important to have clear evidence and a thorough understanding of the process. A car accident attorney helps clients to do this and advocates for them in negotiations and court.

What are the common injuries suffered in a hit-and-run?

A hit-and-run may lead to mild to severe injuries. Some people don’t have any injuries, while others face long-term damage. Read more below:

Traumatic brain injuries

Traumatic brain injuries can be penetrating or non-penetrating. Depending on the type of injury, some people may experience permanent, life-changing consequences.

Fractures

Common fractures from car accidents are usually found in the arms, legs, wrists, hips, and ribs. Fractures impact everyone differently, meaning each person’s healing time is unique. Depending on the severity, a fracture can take weeks to months to fully heal.

Back or neck injuries

A back or neck injury may range from mild to severe. Strains or sprains typically require rest to heal. More serious injuries, such as spinal cord or disc issues, have a longer timeframe. These injuries can affect every part of a person’s life, from daily activities to the ability to work.

Mental distress

A car accident may result in mental distress for those injured. This may show up as car anxiety, depression, or post-traumatic stress disorder. Mental challenges following a hit-and-run may impact a person’s daily life.

Hit-and-run FAQs

Below are some of the most commonly asked questions about hit-and-run accidents:

What compensation am I eligible for?

Without knowing the details of a case, calculating compensation is impossible. In hit-and-run cases, compensation may include some or all of the following:

• Current and future medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Long-term care for permanent injuries

To determine what may be possible or if you have a case, we recommend you speak to a personal injury attorney about your unique situation.

Do I need a private investigator?

It’s impossible to know without hearing the details of the case. If you suspect you need a private investigator to help find the other driver, we encourage you to reach out to an experienced attorney to understand your legal options and rights.

What should I do if I’ve been in a hit-and-run accident?

If someone has been in a hit-and-run accident, there are several steps to take. They include:

1. Breathe and get to safety. It’s important to make sure all people in the vehicle are out of the way of incoming traffic. People shouldn’t try to chase the other driver or look for them.
2. Next, call the police. When reporting the accident, people should try to remember details from the other driver if possible. License plate numbers, vehicle models and makes, and other descriptors can be very helpful. Also, they should describe any injuries.
3. Seek medical care and follow treatment plans.
4. Gather evidence, including pictures of the scene and injuries. Writing down the details can help people to remember them. If there were witnesses, securing their statements and contact information is also important.
5. Report the accident to the insurance company.

Sometimes the police department has the resources to find the other driver. Other times, they are too busy, and it gets pushed aside. A private investigator or an experienced accident attorney may be able to help with this.

Do I need an attorney?

Each case is unique, and we can’t say whether you do or not. Many people do benefit from securing a car accident attorney. An attorney provides insight and knowledge, helping many individuals to feel relieved and supported during the claims process. At Merkel & Cocke, P.A., we offer free case evaluations. Contact us today so we can discuss your legal options.

How can a car accident attorney help with a hit-and-run accident case?

A car accident attorney helps clients through:

• Building and managing the case
• Gathering evidence and witness statements
• Collecting required documentation
• Negotiating with insurance companies
• Representing clients during litigation
• Offering legal insight and support

A hit-and-run accident must be investigated quickly before evidence disappears. An experienced attorney has the knowledge needed to streamline this.

Contact Merkel & Cocke, P.A., for a free case evaluation

A hit-and-run accident can be devastating for some victims. They don’t have to navigate the process alone. An experienced attorney helps them through the process and advocates for their rights. At Merkel & Cocke, P.A., we have the legal knowledge to support our clients. We offer compassionate, invaluable legal insight. Contact us today to request a free consultation. We can learn about your situation and educate you on your legal options.