Hit-and-Run Horror: Protecting Your Rights After a Pedestrian Accident

Imagine walking down the street, minding your own business, when suddenly, a vehicle strikes you, leaving you injured and disoriented. The driver speeds away, disappearing into traffic, leaving you with a whirlwind of pain, confusion, and uncertainty. This is the nightmare scenario of a hit-and-run pedestrian accident. Sadly, these incidents are more common than one might think. In 2022, nearly 1 out of every 4 pedestrians killed in traffic crashes were struck by hit-and-run drivers. This article aims to provide you with essential information on how to protect your rights and navigate the complex legal landscape following such a traumatic event.

The Immediate Aftermath: What to Do First

If you are the victim of a hit-and-run pedestrian accident, your immediate actions are crucial. Here’s a step-by-step guide:

Seek Medical Attention: Your health is the top priority. Call 911 or ask someone nearby to do so. Even if you feel relatively unharmed, it’s essential to get checked by a medical professional, as some injuries may not be immediately apparent.
Report the Incident: Contact the police and provide them with as much information as possible about the vehicle and driver, even if it’s just a partial license plate number, make, model, or color of the car. The more details you can recall, the better the chances of identifying the responsible party.
Gather Evidence: If possible, take photos and videos of the accident scene, including your injuries, the location, and any relevant details. Also, collect contact information from any witnesses who may have seen the incident.
Contact a Pedestrian Accident Lawyer: A specialized attorney can help you understand your rights and options, investigate the accident, and pursue the compensation you deserve.

Understanding Your Legal Rights

As a pedestrian, you have certain rights and protections under the law. Generally, drivers owe pedestrians a duty of care, meaning they must exercise reasonable caution to avoid causing them harm. When a driver breaches this duty and causes an accident, they may be held liable for the resulting damages.

In hit-and-run cases, pursuing justice can be more challenging since the at-fault driver is unidentified. However, several legal avenues can help you recover compensation for your injuries and losses.

Potential Avenues for Compensation

Uninsured Motorist (UM) Coverage: If the hit-and-run driver is never identified, you may be able to file a claim under your own auto insurance policy’s UM coverage. UM coverage typically covers bodily injury damages caused by an uninsured or unidentified driver, even if you were a pedestrian at the time of the accident. Many people are surprised to learn that uninsured motorist coverage applies even if you’re injured as a pedestrian.
Medical Payments (Med Pay) Coverage: This coverage can help pay for medical expenses related to your injuries, regardless of who was at fault for the accident. Med Pay may also cover you as a pedestrian if you are injured when a vehicle hits you.
Personal Injury Protection (PIP): In some states, PIP coverage can provide coverage for medical expenses, lost wages, and other expenses, regardless of fault.
New York State Motor Vehicle Accident Indemnification Corporation (MVAIC): In New York, if you don’t have a car or insurance yourself, the MVAIC might step in to help cover your losses in a hit-and-run.
Filing a Claim with the State Insurance Regulatory Authority (SIRA): In certain hit-and-run cases, where you don’t have details of the at-fault vehicle, you can still make a claim. This is done through a nominal defendant, where an insurer is assigned to manage your benefits and compensation.

The Role of a Pedestrian Accident Attorney

Navigating the legal process after a hit-and-run accident can be overwhelming, especially while you’re recovering from injuries. A pedestrian accident attorney can provide invaluable assistance by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and working with accident reconstruction specialists to determine how the accident occurred and identify the responsible party.
Identifying All Potential Sources of Compensation: Exploring all available insurance coverage and legal options to maximize your recovery.
Negotiating with Insurance Companies: Dealing with insurance adjusters and negotiating a fair settlement on your behalf.
Filing a Lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Protecting Your Rights: Ensuring that your rights are protected throughout the legal process and advocating for your best interests.

The Importance of Acting Quickly: Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit you have to file a lawsuit after an accident. The statute of limitations varies by state and type of claim. For example, in California, the statute of limitations for personal injury cases is generally two years from the date of the accident. In Maryland, the statute of limitations for filing a civil claim against another driver for a car accident is three years. Missing the deadline can forever bar you from recovering compensation for your injuries.

Hit-and-Run: A Crime with Severe Consequences

Leaving the scene of an accident is a serious crime with significant penalties. In Missouri, leaving the scene of an accident, particularly one which involves injury, is a felony. Penalties may include fines, jail time, and license suspension.

Factors that can affect your compensation

After a pedestrian accident, various factors can affect the compensation you recover. These factors include the severity of your injuries, medical expenses, lost income, and pain and suffering. Your attorney will fight to ensure you receive the maximum compensation you deserve.

Advice

Report the accident: Notify the police and obtain an event number within 28 days.
Seek Medical Attention: Even if you’re not taken to the hospital immediately, see your doctor if you experience any aches, pains, or psychological symptoms.
Submit Your Claim: File an Application for Personal Injury Benefits within 28 days to ensure you can claim backdated lost wages.

Conclusion

Being the victim of a hit-and-run pedestrian accident is a terrifying experience. However, by taking the right steps and seeking legal guidance, you can protect your rights and pursue the compensation you deserve. Remember, you don’t have to face this challenging situation alone. A dedicated pedestrian accident attorney can be your advocate and guide you through the legal process, helping you on the road to recovery.