Justice After a Hit-and-Run: How a Lawyer Can Help Pedestrian Victims

Justice After a Hit-and-Run: How a Lawyer Can Help Pedestrian Victims

Imagine walking down the street, minding your own business, when suddenly, a vehicle strikes you, leaving you injured and disoriented. The driver speeds off, disappearing into traffic, leaving you with physical pain, emotional trauma, and a mountain of questions. This is the nightmare scenario of a hit-and-run pedestrian accident. In 2021, nearly 1 out of 4 pedestrians killed in traffic accidents were struck by hit-and-run drivers. If you’ve been a victim, know that you’re not alone and that seeking justice is possible. This blog explores how a lawyer can help pedestrian victims navigate the complex aftermath of a hit-and-run, secure their rights, and pursue the compensation they deserve.

The Immediate Aftermath: What to Do After a Hit-and-Run

The moments following a hit-and-run are critical. If you are able, take these steps:

  1. Call 911: Report the incident immediately. A police report is essential for any future legal action or insurance claims. Request medical assistance, even if your injuries seem minor. Internal injuries may not be immediately apparent.
  2. Gather Information: Try to remember as many details as possible about the vehicle and driver. Note the make, model, color, and any distinguishing features of the car. If possible, get the license plate number. Also, note the direction the vehicle was headed.
  3. Document the Scene: Use your phone to take pictures of your injuries, the accident location, and any debris from the vehicle.
  4. Look for Witnesses: If there were any witnesses, ask for their contact information. Their testimony can be invaluable in identifying the driver.
  5. Seek Medical Attention: Even if you feel fine, see a doctor as soon as possible. Some injuries, like internal bleeding or concussions, may not be immediately obvious.
  6. Contact a Lawyer: A lawyer specializing in pedestrian accidents can advise you on your rights and options.

Why Drivers Flee: Understanding the Hit-and-Run Mentality

It’s natural to wonder why a driver would leave the scene of an accident. Some common reasons include:

  • Fear of Legal Consequences: The driver may be uninsured, unlicensed, or have a history of traffic violations. They might be driving under the influence of drugs or alcohol and fear arrest and prosecution.
  • Lack of Insurance: Drivers without insurance may flee the scene because they know their actions could lead to significant financial liabilities, and they don’t have the financial resources to pay the victim.
  • Panic and Shock: Some drivers panic after an accident and make the reckless decision to flee instead of taking responsibility.

Regardless of the reason, leaving the scene of an accident is a crime, and the driver should be held accountable.

How a Lawyer Can Help: Your Advocate in the Pursuit of Justice

A lawyer specializing in pedestrian hit-and-run cases can provide invaluable assistance in several ways:

  1. Investigation:
    • Working with Law Enforcement: Attorneys can collaborate with law enforcement to analyze the accident scene, interview witnesses, and explore traffic camera footage to identify the hit-and-run driver.
    • Independent Investigation: A lawyer can conduct their own investigation to gather evidence, locate witnesses, and reconstruct the accident. This may involve hiring private investigators and accident reconstruction experts.
    • Notifying UM/UIM Carrier: Lawyers can help locate drivers by notifying your Uninsured Motorist (UM) or Underinsured Motorist (UIM) carrier. This insurance carrier may conduct its own investigation.
  2. Navigating the Legal Process:
    • Understanding Your Rights: A lawyer can explain your legal rights and options, including the possibility of pursuing compensation through insurance claims or a personal injury lawsuit.
    • Filing a Claim: Your attorney can help you file a claim against your own insurance policy, including Uninsured Motorist (UM) coverage, which may apply even if you were a pedestrian at the time of the crash.
    • Dealing with Insurance Companies: Insurance companies may try to minimize payouts or deny claims. A lawyer can negotiate with the insurance company on your behalf and protect your interests.
  3. Identifying Sources of Compensation:
    • Uninsured Motorist Coverage: If the driver is never found, your own auto insurance policy may provide coverage for your medical expenses, lost wages, and pain and suffering.
    • Personal Injury Protection (PIP): In some states, PIP coverage may provide compensation for medical bills and lost earnings, regardless of who was at fault.
    • MedPay: Some insurance policies also include medical payments (MedPay) coverage, which helps pay for medical bills regardless of fault.
    • Filing a Lawsuit: If the driver is identified, your lawyer can file a personal injury lawsuit against them to seek compensation for your damages.
  4. Proving Negligence:
    • Establishing Duty of Care: Your attorney will demonstrate that the driver owed you a duty of care to operate their vehicle safely and obey traffic laws.
    • Demonstrating Breach of Duty: They will gather evidence to show that the driver breached this duty, such as by speeding, driving under the influence, or violating traffic signals.
    • Proving Causation: Your lawyer will establish a direct link between the driver’s negligence and your injuries.
    • Quantifying Damages: They will gather evidence of your medical expenses, lost wages, pain and suffering, and other losses to determine the full extent of your damages.
  5. Negotiation and Settlement:
    • Negotiating with the Insurance Company: Your lawyer will negotiate with the insurance company to reach a fair settlement that compensates you for your losses.
    • Settlement or Trial: If a fair settlement cannot be reached, your lawyer can take your case to trial and present your case to a judge or jury.

Types of Compensation Available to Pedestrian Victims

If you’ve been injured in a hit-and-run pedestrian accident, you may be entitled to compensation for a variety of damages, including:

  • Medical Expenses: This includes past and future medical bills, hospital stays, surgeries, rehabilitation, and assistive devices.
  • Lost Wages: You can recover lost income if your injuries prevent you from working. This includes lost wages, salary, and other employment-related benefits.
  • Pain and Suffering: You can be compensated for the physical pain and emotional distress you have experienced as a result of the accident.
  • Emotional Distress: Victims can pursue compensation for emotional and psychological harm, such as anxiety or PTSD, caused by the collision.
  • Property Damage: If any of your personal property was damaged in the accident, such as your clothing or glasses, you can be compensated for the cost of repair or replacement.
  • Punitive Damages: In some cases, punitive damages may be awarded if the driver’s conduct was particularly reckless or egregious.
  • Wrongful Death: If a pedestrian fatality results from the hit-and-run, surviving family members may recover damages for burial expenses, lost companionship, and other related losses.

The Importance of Emotional Support and Mental Health

The trauma of a hit-and-run accident can have a significant emotional impact. It’s normal to experience a range of emotions, including:

  • Anxiety and Fear: You may feel anxious about walking near traffic or crossing the street.
  • Depression: The accident can lead to feelings of sadness, hopelessness, and loss of interest in activities you once enjoyed.
  • Post-Traumatic Stress Disorder (PTSD): You may experience flashbacks, nightmares, and intrusive thoughts about the accident.
  • Anger and Frustration: You may feel angry at the driver who hit you and frustrated by the legal process.

It’s important to prioritize your mental health and seek professional help if you’re struggling to cope. Therapy can provide you with coping strategies and a safe space to express your feelings.

Statute of Limitations: Acting Quickly to Protect Your Rights

Each state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. In Florida, if you were hurt due to negligence, you generally have four years to file your injury lawsuit, per Florida Statutes § 95.11(3)(a). The filing period begins from the date you suffered harm or discovered your condition. It’s crucial to contact a lawyer as soon as possible to ensure that you don’t miss the deadline. Some exceptions could extend your filing deadline, including:

  • The at-fault driver concealed their identity.
  • The negligent party fled the state.
  • You suffered harm as someone under the age of 18.
  • A physical or cognitive disability prevented you from filing your case.

Conclusion: Seeking Justice and Rebuilding Your Life

Being the victim of a hit-and-run pedestrian accident can be a devastating experience. However, by taking the right steps and seeking the help of an experienced lawyer, you can protect your rights, pursue justice, and obtain the compensation you need to rebuild your life. Don’t let the driver who hit you get away with their crime. Contact a qualified attorney today to discuss your case and explore your legal options.