El Paso Hit-and-Run? Your Rights to Compensation After a Crash

El Paso Hit-and-Run? Your Rights to Compensation After a Crash

Imagine being involved in a car accident, only to watch the other driver speed away, leaving you injured, confused, and facing mounting expenses. Hit-and-run accidents are a distressing reality in El Paso, Texas. In 2022, Texas saw 69,433 hit-and-run crashes, resulting in 276 fatalities and 2,557 serious injuries. Understanding your rights and the steps you can take after such an incident is crucial to securing the compensation you deserve.

What to Do Immediately After an El Paso Hit-and-Run

Your actions in the immediate aftermath of a hit-and-run accident are critical. Here’s a breakdown of the steps you should take:

  1. Ensure Your Safety: Move yourself and your vehicle to a safe location away from traffic. Check yourself and any passengers for injuries.
  2. Call 911: Report the accident to the El Paso Police Department immediately. Even if your injuries seem minor, a police report is essential for insurance claims and potential legal action.
  3. Document the Scene: If possible, take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Note down any details about the fleeing vehicle, such as its make, model, color, and license plate number (even partial).
  4. Seek Medical Attention: Even if you don’t feel seriously injured, seek medical attention as soon as possible. Some injuries, like whiplash or concussions, may not be immediately apparent. A medical evaluation will also create a record of your injuries, linking them to the accident.
  5. Look for Witnesses: If there were any witnesses to the accident, get their names and contact information. Their testimony can be valuable in identifying the hit-and-run driver.
  6. Contact an Attorney: Consult with an experienced El Paso hit-and-run accident lawyer as soon as possible. A lawyer can guide you through the legal process, protect your rights, and help you pursue compensation.

Legal Obligations After an Accident in Texas

Texas law requires drivers involved in an accident to stop, provide assistance, and exchange information. According to the Texas Transportation Code, leaving the scene of an accident involving injury or death is a felony offense. The penalties for hit-and-run offenses in Texas vary depending on the severity of the damage or injury:

  • Accident Involving Death or Serious Injury: Third-degree felony, punishable by 2 to 10 years in state prison.
  • Accident Involving Injury (Not Serious): Felony, punishable by up to one year in a county jail or up to five years in state prison, and/or a fine of up to $5,000.
  • Accident Involving Damage to an Occupied Vehicle: Class C misdemeanor (if damage is less than $200), punishable by a fine of up to $500; or Class B misdemeanor (if damage is more than $200), punishable by up to six months in a county jail.

What if the Driver Is Never Found?

A common concern after a hit-and-run is what happens if the driver is never identified. Fortunately, you still have options for seeking compensation:

  1. Uninsured Motorist (UM) Coverage: Texas law requires insurance companies to offer UM coverage, which protects you if you’re injured by a driver who doesn’t have insurance or flees the scene. UM coverage can help pay for medical expenses, lost wages, pain and suffering, and other damages related to your injuries.
  2. Personal Injury Protection (PIP): PIP coverage can help cover your medical expenses and lost wages, regardless of who was at fault for the accident.
  3. Crime Victims’ Compensation Program: Texas offers financial assistance to victims of violent crimes, including hit-and-run accidents.
  4. Civil Lawsuit: If the driver is later identified, you can sue for damages.

Understanding Uninsured Motorist Coverage in Texas

Uninsured Motorist (UM) coverage is a critical safety net in hit-and-run situations. It is designed to protect you if you are injured by a driver who doesn’t have insurance or flees the accident scene. While you can reject UM coverage in writing, it’s often a crucial safety net in hit-and-run situations. Your UM coverage can help pay for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Other damages related to your injuries

How an El Paso Hit-and-Run Lawyer Can Help

Navigating the aftermath of a hit-and-run accident and dealing with insurance companies can be complex. An experienced El Paso hit-and-run accident lawyer can provide invaluable assistance by:

  • Conducting their investigation to gather evidence
  • Dealing directly with insurance companies on your behalf
  • Helping you understand your policy coverage and rights
  • Negotiating with insurance adjusters to reach a fair settlement
  • Filing a lawsuit to protect your interests, if necessary

Common Injuries in Hit-and-Run Cases

Hit-and-run accidents can result in a range of injuries, from minor to severe:

  • Whiplash and Neck Injuries
  • Traumatic Brain Injuries
  • Spinal Cord Injuries
  • Broken Bones
  • Psychological Trauma (anxiety, depression, PTSD)

The Role of the Police Investigation

The El Paso Police Department will investigate the hit-and-run, aiming to identify the responsible driver. While the police investigation proceeds separately from your insurance claim, any information they gather can support your claim.

Don’t Wait, Take Action Now

If you’ve been involved in a hit-and-run accident in El Paso, don’t wait to seek legal help. Contact an experienced El Paso hit-and-run accident lawyer to discuss your case and understand your rights.