Hit and run accidents occurs when a driver of an automobile contributes or causes a collision which involves a person , a road side obstacle or another vehicle. The driver does not stop to provide their name or admit to having caused the accident.
Reasons for fleeing
The reasons why the drivers flee the scene include:
- Driving without a license
- Driving while intoxicated
- Driving a vehicle which have been stolen
- Driving without an insurance cover
- Driver happens to be in the country illegally
- Driver is wanted for having committed other crime
Hit and run accident lawyer
It is immoral and illegal to leave a scene where accident has occurred. Since some hit and run drivers are successful in leaving the scene without being identified, it has become imperative to have a lawyer on your side if you are the victim.
The essence of contacting a lawyer is to help you institute legal proceedings to help you recover any damages you incurred. In case you have to file a claim from your own insurer , the lawyer will assist you in filing the claim since you don’t expect them to compensate you so easily.
Legal options shrink especially in cases where the legal enforcement authorities fail to trace the fault driver. You need a well experienced lawyer to argue your case. The lawyer should be well versed with the law guarding your rights as the victim and his or her representation should be to prove your case. A seasoned lawyer will help you as the victim of a hit and run claim compensation be it financial or emotional relief.
If you are a victim of a hit and run accident there are things you should do immediately when the incident occurs and this will assist in the investigation and subsequent legal procedures that will follow in trying to have you served with justice. They include:
- Furnish the police with all relevant details of the accident
- Get the identities and addresses of the witnesses
- Capture the scene by taking photographs if possible
- Write about the scene in details
- Contact a lawyer immediately
- Inform your insurance company about the incident
Hit and run can either be a misdemeanor or a felony depending on the nature and type of accident. It is regarded as a felony if it the accident results in the death or injury of a person. If there is only property damage from the accident then it is regarded as a misdemeanor.
The factors that the lawyer will consider in arguing your case out depends on the nature of the accident, the extent of suffering of the victim, the extent of damage caused by the hit and run, the criminal record of the accused and whether or not they have been prior convictions.
In case you are the driver at- fault you also have a right to legal representation due to the potential devastating consequences in case you are convicted. The lawyer will try to prove your innocence and use any defense machinery to get you off the hook.
Defenses of hit and run
The lawyer will prove or justify your fleeing from the scene by proving:
- The persons in the other vehicles were threatening your life
- There were no property damage and this will help reduce the charges if they will not be cleared outright.
The potential consequences of the accused include imprisonment, parole or probation, significant fines and loss of the driving privileges.
The necessity of an accident lawyer cannot be overemphasized, their assistance will increase the chances of getting a favorable outcome whether you are the defendant or the accused in a court of a law.