Seeking Justice After a Hit and Run Pedestrian Accident

The blare of a horn, the screech of tires, and then… darkness. For a pedestrian, being struck by a vehicle is a terrifying experience. According to the National Highway Traffic Safety Administration (NHTSA), in 2021, 7,388 pedestrians died and approximately 60,577 were injured in traffic crashes in the United States. What makes this tragedy even more egregious is when the driver flees the scene, leaving the injured victim helpless and alone. In fact, nearly 1 out of 4 pedestrians killed in traffic crashes in 2022 (24%) were struck by hit-and-run drivers. If you or a loved one has been a victim, know that seeking justice after a hit and run pedestrian accident is possible, and you don’t have to navigate this challenging path alone.

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

In the chaotic moments after a hit-and-run, knowing what to do can significantly impact your ability to seek justice and recover compensation. Here’s a breakdown of essential steps:

Ensure Your Safety: Your well-being is paramount. If possible, move to a safe location away from traffic to prevent further injuries.
Call for Help: Immediately dial 911. Inform the operator that you’ve been involved in a hit-and-run accident and require medical assistance and police presence.
Gather Information (If Possible): If you are able, try to remember details about the vehicle that hit you. Note the make, model, color, and any distinguishing features. Even a partial license plate number can be helpful. Also, try to remember the direction the vehicle was heading.
Seek Medical Attention: Even if you don’t feel seriously injured, it’s crucial to get checked by a medical professional. Some injuries, like traumatic brain injuries, may not be immediately apparent.
Report the Incident: File a police report as soon as possible. Provide the authorities with all the information you have about the vehicle and the accident. The police report serves as an official record of the incident, which is vital for insurance claims and legal proceedings.
Gather Evidence, If You Can: Use your cell phone to take pictures of the accident scene, your injuries, and any physical evidence, such as broken car parts.
Look for Witnesses: Get the contact information of any witnesses at the accident scene. These individuals can tell the police what they saw. The information they share could bring the police one step closer to finding the party responsible for your car accident.

The Investigation Process: Unraveling the Mystery

The police will initiate an investigation to identify the hit-and-run driver. This process typically involves:

Scene Examination: Officers will document the scene, take photos, and collect any physical evidence, such as paint chips or vehicle debris.
Witness Interviews: Police will interview witnesses to gather information about the vehicle and driver.
Video Surveillance: Investigators may review traffic cameras, surveillance footage from nearby businesses, and dashcam recordings to identify the vehicle and its license plate.
Vehicle Identification: The police may speak with local repair shops during the hit-and-run investigation process to see if anyone recently brought in a car, especially a car matching the best description of the car, that has any damage that matches the description of the accident.

Legal Avenues for Seeking Justice

Even if the driver is never found, you still have legal options for seeking compensation for your injuries and damages.

Uninsured Motorist (UM) Coverage: If you have auto insurance, your UM coverage may apply, even though you were a pedestrian at the time of the crash. UM coverage can help pay for medical expenses, lost wages, and pain and suffering when the at-fault driver is unknown.
Personal Injury Protection (PIP): In some states, like New York, Personal Injury Protection (PIP) coverage may provide compensation for medical bills and lost earnings, regardless of who was at fault.
MedPay Coverage: Some insurance policies also include medical payments (MedPay) coverage, which helps pay for medical bills regardless of fault.
Crime Victim Compensation Programs: Some states offer financial assistance to victims of violent crimes, including those injured in hit and run accidents, through the California Victim Compensation Board (CalVCB). This program helps victims pay for expenses that result from the crime such as medical treatment, mental health services, and income loss.

If the driver is identified, you can file a claim against their insurance company to recover compensation for:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and long-term care.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: You are entitled to compensation for the physical pain, emotional distress, and mental anguish caused by the accident.
Property Damage: If any of your personal property was damaged in the accident, such as your phone or clothing, you can seek compensation for its repair or replacement.
Punitive Damages: In some cases, if the driver’s conduct was particularly egregious, you may be able to recover punitive damages, which are intended to punish the driver and deter similar behavior in the future.

The Role of a Pedestrian Accident Attorney

Navigating the legal complexities of a hit-and-run pedestrian accident can be overwhelming. A skilled pedestrian accident attorney can be an invaluable asset in your pursuit of justice. Here’s how they can help:

Investigation: Attorneys have access to resources and investigative tools not readily available to the public. They can work with police to analyze the accident scene, interview witnesses, and explore traffic camera footage to identify the hit-and-run driver.
Insurance Negotiation: Insurance companies often try to minimize payouts to protect their bottom line. An attorney can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
Legal Representation: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Guidance and Support: An attorney can provide you with guidance and support throughout the entire legal process, answering your questions and addressing your concerns.

Why Drivers Flee the Scene

It’s natural to wonder why a driver would choose to flee the scene of an accident rather than offer assistance. Some common reasons include:

Fear of Legal Consequences: The driver may be driving without a valid license, have past traffic violations, or even have outstanding warrants.
Driving Under the Influence: Many hit-and-run drivers are under the influence of drugs or alcohol.
Lack of Insurance: The driver may not have auto insurance and fear the financial repercussions of an accident.
Panic: In some cases, the driver may simply panic and make a rash decision to flee.

The Rising Trend of Pedestrian Fatalities

Sadly, pedestrian fatalities have been on the rise in recent years. According to the IIHS, twenty-five percent of pedestrian deaths in 2023 occurred in hit-and-run crashes. Several factors contribute to this alarming trend, including:

Distracted Driving: Drivers are increasingly distracted by cell phones and other electronic devices.
Increased Speed Limits: Higher speed limits make it more difficult for drivers to react to pedestrians in the roadway.
Darkness: A high percentage of pedestrian fatalities occur at night. In 2021, 77% of pedestrian fatalities occurred in the dark.
Alcohol Impairment: Both drivers and pedestrians may be under the influence of alcohol, increasing the risk of accidents.

Taking Action for a Safer Future

While seeking justice after a hit-and-run is crucial, it’s equally important to advocate for safer streets and prevent future tragedies. This can involve:

Supporting pedestrian safety initiatives: Advocate for improved crosswalks, sidewalks, and traffic calming measures in your community.
Raising awareness about distracted driving: Encourage drivers to put away their phones and focus on the road.
Promoting responsible alcohol consumption: Remind people not to drink and drive, and to be aware of their surroundings when walking.

Conclusion

Seeking justice after a hit and run pedestrian accident can be a long and arduous process, but it is possible. By taking the right steps, gathering evidence, and seeking legal assistance, you can increase your chances of recovering compensation for your injuries and holding the responsible party accountable. Remember, you are not alone. There are resources available to help you navigate this challenging time and fight for the justice you deserve.