A traffic collision is already a difficult situation, especially if you sustained significant injuries. If the at-fault party sped away before you can speak with them, that adds to the difficulties. Hit and run accidents in Houston are not uncommon but you should first call a dedicated car accident attorney for proper legal advice.
A hit-and-run refers to an accident where one vehicle makes contact with another vehicle or person, and then leaves the scene without exchanging information. If it is a pedestrian-involved hit-and-run, it is always important to know if the pedestrian was in the crosswalk or not, because individuals in the crosswalk have the right of way in Texas.
Another type of hit-and-run scenario is one where the driver is intoxicated. If it is safe to do so, it can be helpful to chase them down to identify them and potentially get video evidence of that person driving drunk. However, if a victim is injured, their primary focus should be getting medical help.
The common question with hit and run accidents in Houston is whether there is going to be any insurance coverage. Because the driver fled, a lawyer may not be able to find out if they had insurance, so they will have to look to the plaintiff’s insurance, called underinsured motorist or uninsured motorist. If they had uninsured motorist, then that would cover for the negligence of the driver that fled. In that scenario, there would have to be proof that the vehicles came into contact with each other.
The damages that a person can recover in a hit-and-run case are exactly the same as they would be able to recover in a case where they brought a claim against the at-fault driver. The difference is, they are probably making a claim on their own insurance, and are not going to have that potential aggravating factor of the defendant being drunk.
A hit-and-run accident in Houston can produce punitive damages if the authorities were able to identify the at-fault driver. A driver who was drunk and sped away from an accident without giving their information is the kind of thing that would anger a jury and potentially prompt them to award punitive damages.
When it comes to contacting a lawyer – the sooner, the better. That lawyer can make sure the injured party is getting proper medical care and is documenting their injuries properly. The attorney must look for video or photographic evidence of the incident and document the accident scene (such as any damaged objects or skid marks) before it is cleaned up.
The plaintiff’s attorney may know a good investigator to find some video from a nearby store or a traffic camera to prove how the collision happened; or they might hire an expert witness who could reconstruct the accident and prove to the insurance company that there was another vehicle involved.
It is always important to call the police so that the incident can be documented. If the driver flees, police might also have a chance to catch up with them and identify who they are or where they live. Finding the at-fault driver immediately could help preserve any damage done to their car. Skid marks on the road or paint smudged on the side of the car could be used as evidence of an incident.
You have a lot to deal with after a major accident, and locating the driver who caused it should be the least of your concerns. Our skilled personal injury team could handle the legal aspects of your hit and run accident in Houston. Call us at your earliest convenience, and if we take your case, let our lawyers get to work on your behalf.
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