Every lawyer will tell you that hit-and-run incidents are one of the most laborious and most frustrating traffic cases they get to handle.
First off, what you should know is that Houston is an at-fault state, following the modified comparative negligence rule. What that means is that if both parties share the blame for the car crash, they can’t sue the other for negligence.
So what happens when the other driver flees the scene? There are still legal avenues for you to minimize the damage, particularly with your hospitalization costs. Experienced Houston car accident lawyers can help recover the expenses and make sure you don’t end up shouldering all the costs.
What’s the Responsibility of the Driver in the Case of a Car Accident?
The Texas Law is very particular about a motorist’s responsibility when they are involved in a car crash, resulting in an injury to the other party.
- They should stop their vehicle on the shoulder or curb if possible, for safety purposes.
- They should immediately check the other vehicle for injuries or death.
- They should call 911 for medical assistance or nearby law enforcement agencies.
- They should wait for the police investigator to come to the scene.
Also, they should call their insurance company to cover the medical expenses for the injured person.
Why Do Drivers Flee the Scene?
It’s wrong to ascertain malice when assessing drivers who cause hit-and-run accidents and flee the scene.
Sometimes the trauma prevents them from thinking clearly. It’s a very shocking experience to bump into another car, especially if you know it’s your fault.
Another instance can be if the driver is a minor who took the vehicle out for a joyride without asking for permission from their parents.
In some cases, the drivers leave the scene out of fear. For instance, if the driver is a woman who is alone inside the car and bumps into another vehicle with several male occupants inside, the prevailing fear of what they might do to her overrides the need to stop to exchange information.
However, Houston car accident lawyers who deal with these kinds of situations also know that a responsible driver will surface a few hours or days after the incident. They will turn themselves in to settle the case.
What Can a Lawyer Do For You?
The lawyers work with the police to track down the fleeing driver. They can do this with the help of CCTVs or eyewitness accounts.
Meanwhile, with no other driver to cover the medical costs, you can still seek relief through your insurance.
The lawyers will work with the police to track down the fleeing driver. They can do this through CCTVs or eyewitness accounts.
Your insurance policy may cover the following.
- Uninsured motorist personal injury
- Uninsured motorist property damage
- Personal injury protection
- Medical payments
With your help, the attorney will collect evidence surrounding the incident. Then they will present the case to the insurance company to prove the following.
- The identity of the other driver involved in the hit-and-run is unknown.
- You suffered personal injuries from the hit-and-run.
- You made all efforts to track and locate the driver.
- You made all efforts to see if the other driver had insurance.
Please know that there’s a statute of limitations for you to sue for insurance claims.