State traffic laws outline the proper procedures for pedestrians and drivers to follow in any type of accident. The specific laws in each state vary, but generally they require anyone involved in an accident to stop to evaluate the situation and to contact emergency services if injuries are involved. In the case of a hit and run, laws make leaving the scene of an accident a crime, especially when there are injuries. A pedestrian hit and run almost always involves injuries, and the victim is entitled to compensation whether they find the driver or not.
Collect Information and Reporting
Preparation for filing a claim for compensation in a pedestrian hit and run begins immediately after the incident. The first steps involve contacting law enforcement and filing a police report to start an investigation. Obtaining the names and contact information of any witnesses and businesses nearby that have security cameras will help with the investigation.
Seek immediate medical care and save all records, statements, and other information pertaining to injuries, time lost from work, and other damages. The method you use to claim compensation in a pedestrian hit and run depends on whether or not the driver is eventually identified.
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When the Driver is Known
In most pedestrian hit and run cases where the driver is identified through law enforcement investigation, eyewitness accounts or other methods, the driver faces criminal felony hit and run charges or misdemeanor charges.
Regardless of whether the state chooses to file criminal charges or not, if you know the identity of the driver, you can file a lawsuit in civil court. This allows you to sue the driver for compensation of medical expenses, lost wages from work, disability compensation, and pain and suffering.
An Unidentified Driver
In a case where law enforcement and witnesses are unable to identify the driver involved in the hit and run, you can still claim compensation for medical expenses not covered by your medical insurance, lost wages, and damages. If you have motor vehicle insurance, file an accident claim with them, specifically involving underinsured or uninsured motorists.
Depending on where the accident occurred, you may be able to claim worker’s compensation or other types of compensation as well. Save all receipts and keep accurate records. You will need these to prove the accident was not your fault and that the accident caused your injuries.
Filing a claim for personal injury compensation is often confusing and frustrating, especially when insurance companies and worker’s compensation agencies are uncooperative. Contact our personal injury attorneys to explore all your options for compensation in a pedestrian hit and run or other personal injury claim.