Texas law requires drivers to stop if they are involved in a traffic accident. Unfortunately, drivers do not always obey the law. A driver might flee the scene of an accident for many reasons, including failing to have insurance or a valid driver’s license.
Hit-and-run accident victims can sustain severe injuries that result in financial losses and pain and suffering. Car accident lawyers can help you know what to do if you were hurt in a hit-and-run accident in Texas and how you can recover compensation for your damages.
Report a Texas Hit-and-Run Accident Immediately
The quickest way to report a hit-and-run crash is by calling 911 from the scene of the accident. An emergency operator will dispatch an officer and emergency medical services immediately.
When the police officer arrives, tell them as much information as possible about the hit-and-run vehicle. Helpful information includes the vehicle make, model, color and license plate number. If you remember any details about the driver or the vehicle, it can help catch the hit-and-run driver.
Gather Evidence from the Car Accident Scene
Depending on the severity of your injuries, try to document the accident scene. You can use your cell phone to take photographs and make a video. Include the damage to your vehicle and the surrounding area in your pictures and video.
Ask bystanders and witnesses for their names and contact numbers. A witness in Texas might be able to give police officers information about the vehicle or the driver who caused the accident.
Seek Medical Treatment for Injuries
You might not believe you are injured after a hit-and-run accident. However, you could have injuries that are not noticeable yet, including soft tissue injuries, a concussion and internal injuries. Regardless of how you feel, do not refuse medical treatment.
If you do not believe you need to go to the emergency room, you should see your doctor as soon as possible. Delays in medical care and failing to document your injuries could hurt your financial recovery in a car accident claim.
Report the Hit-and-Run Accident to Your Car Insurance Company
Texas requires all drivers to have a minimum amount of liability insurance coverage.
If a driver causes an accident, liability insurance compensates the accident victim for their damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Disabilities and impairments
- Out-of-pocket expenses
However, in a hit-and-run accident, the at-fault driver might never be identified. In that case, your uninsured motorist (UM) insurance coverage could cover your damages.
Filing an Uninsured Motorist Insurance Claim After a Hit-and-Run Accident in Texas, FL
Uninsured motorist coverage can apply to hit-and-run accidents.
However, you have the burden of proving the following to receive compensation for your damages:
- The driver who hit your vehicle fled the accident scene and has not been identified
- The other driver caused the accident
- You sustained injuries and damages because of the accident
The insurance adjuster might question who was at fault for the car crash. Texas modified comparative fault law bars an accident victim from recovering money for a claim if they were over 50% at fault for a collision. If a victim is 50% or less at fault, their compensation is reduced by their percentage of fault.
Therefore, the insurance company might try to shift some or all of the blame to you to avoid paying an uninsured motorist claim. If you prove that the hit-and-run driver caused the crash, the insurance adjuster might question your injuries or the value of your damages. An insurance company will always try to protect its best interest by paying the least amount possible for an insurance claim.
Consider Talking with an Experienced Texas Car Accident Lawyer After a Hit-and-Run
Even though you may be filing a claim with your insurance provider, you should consult a Dallas car accident lawyer about your case.
Many people assume they do not need a lawyer because they are dealing with their own insurance provider. They pay their premiums on time and expect the company to treat them fairly. But unfortunately, being a loyal customer does not guarantee a fair settlement for a hit-and-run accident claim.
In addition to representing you in a UM claim, a car accident attorney will also investigate the crash and monitor the police investigation. If the hit-and-run driver is identified, you can file a claim with the driver’s liability insurance provider and/or sue the driver in court. An attorney will pursue every source of compensation for the accident to increase the compensation you receive.
Mark Anderson and the attorneys at Anderson Injury Lawyers have decades of experience handling car accident claims and have recovered millions for injured clients. Contact us today to schedule a free consultation with one of our Texas car accident lawyers.
