In the immediate aftermath of an accident, two things happen right away. You check for injuries and determine who is to blame for the accident. In many accidents, it will be easy to assign blame.
For instance, if someone was speeding or swerving across lanes, they were at fault. Establishing the at-fault party is vital for a successful outcome in any car accident claim.
What if the at-fault party speeds off to avoid responsibility or arrest? That is considered a hit-and-run, which is extremely complicated when it comes to assigning blame. Being the victim of a hit-and-run accident will not leave you with any recourse. You are still entitled to seek compensation for your losses.
It will help to get the support and legal counsel of an experienced Chicago car accident attorney. At Thomas Law Offices, we’ve supported many hit-and-run accident victims. Our investigative teams are able to scour all the available resources to find who to hold responsible.
Pursuing a Hit-and-Run Accident Claim
How often do hit-and-run accidents go unsolved? According to data collected by the National Highway Traffic Safety Administration (NHTSA), there were 2,932 hit-and-run fatalities across the country in 2022.
Some estimates have found that only 10% of hit-and-run accidents have been solved.
You might feel a bit hopeless after being involved in a hit-and-run car accident. Another driver’s negligence has caused you harm, and you’re “stuck” with the medical and car repair bills. There are paths to pursue to get compensation for this type of accident, even if the driver is never brought to justice.
One thing is clear: the fact that the driver fled the scene of an accident provides a clear indication of their liability. If they are apprehended, it won’t be hard to convince their insurance company about who is to blame.
Collecting Evidence
Television police dramas make pursuing criminals look easy. In the real world, experienced investigators take a meticulous approach to finding the guilty driver. Your attorney’s investigators will have access to the same evidence gathered by the police, such as surveillance videos from surrounding buildings and traffic cams.
The difference is that your attorney investigators have a vested interest in finding the perpetrator.
Even if they can’t catch the person, the evidence can absolve you of any fault in the accident. That can be used to support your claim.
Witness Testimony
A witness’s testimony to the hit-and-run can also help support your version of what happened. They can potentially describe the other car and maybe even a license plate. It will serve your claim to include statements from any witness.
Extenuating Circumstances
If the hit-and-run driver is found, they might claim to have extenuating circumstances, which should be factored into the decision about whether they can be held responsible. For instance, the driver could have experienced a medical emergency or mechanical failure at the time of the accident.
They could claim they weren’t aware they struck your car, but that might be difficult to prove.
Steps to Take
In the aftermath of a hit-and-run accident, you need to take steps to fortify your future claim. Here’s what you need to do:
File a Police Report
One of the most important tasks you need to do after a hit-and-run accident is to file a police report.
If you’re in the car and there are injuries, the police will respond to the scene. If the hit-and-run accident happened while your car was parked and there is just property damage, you should still call the police and wait for them to respond. Their report will be the start of their investigation to catch the driver.
Gather Medical Records
If you were injured in the accident, you will obtain copies of all the relevant medical records. These will become the economic damages for which you’ll want to be compensated.
Document the Scene
You should take as many photos and videos of the accident scene as possible. Although the hit-and-run driver is at fault, you need to establish the time of day, lighting, and road conditions. You also want to document the damage to your car and injuries.
Seek Legal Representation
What happens after you have your records, police report, and accident photos? You should bring them to Thomas Law Offices for our review. If we agree that your case has merit, we can discuss working together to find a resolution.
That can involve us becoming your advocate. We’ll take over all communications with your insurance company and enter into negotiations to find compensation, even though the at-fault party hasn’t been named. In some cases, your insurance company will cover your losses and wait for the police to find the driver. They can then pursue a claim against that driver’s carrier.
There might also be a situation where we will have to file a civil complaint against your insurance company to get your compensation. That will mean presenting your case in front of a jury. We have a lot of experience in the Chicago civil court system.
The support begins with our free initial consultation.
Call to schedule yours today.