Hit-and-run accidents are common on busy roads. However, their consequences can be emotionally and financially devastating. They occur when a driver involved in an accident flees the scene, leaving victims to face the consequences alone.
Proving liability in such cases is especially challenging, but it’s important to do so in order to secure compensation for your damages, medical expenses, and emotional distress. To help you out with this process, below is an in-depth guide where you can learn how to prove liability in a hit-and-run accident.
1. Act Quickly to Collect Evidence
The moments immediately following a hit-and-run accident are important for collecting evidence. Start by documenting the scene with photographs or videos. Capture skid marks, vehicle debris, damage to your vehicle, and any visible injuries. If there are traffic cameras or surveillance systems nearby, take note of their locations, as the footage may provide critical information.
The more evidence you collect, the stronger your case will be. Even small details, such as the color or make of the fleeing vehicle, can help authorities and legal teams identify the at-fault driver. Acting swiftly ensures that evidence is preserved before it’s lost or destroyed, giving you a significant advantage.
2. Obtain Witness Statements
Witnesses can play a key role in proving liability. Passersby, other drivers, or pedestrians who saw the accident may have noticed details you missed, such as the license plate number, vehicle description, or the driver’s behavior. These details will help you find the driver and include them in the investigation.
Collect the names and contact information of any witnesses at the scene. If they’re willing, record their statements or have them write down what they saw. Eyewitness accounts add credibility to your case and can provide additional angles that paint a clearer picture of the hit-and-run incident.
3. File a Police Report Immediately
Reporting the accident to the police is a legal requirement in most jurisdictions, but it’s also a critical step in proving liability. Provide law enforcement with as much information as possible, including the time, location, and description of the fleeing vehicle.
The police report becomes an official record of the incident, which can be used as evidence in insurance claims or legal proceedings.
Additionally, police may conduct their own investigation, using traffic cameras, witness statements, and other resources to track down the at-fault driver. Without an official report, insurance companies or courts may question the validity of your claim, making this step essential.
4. Seek Medical Attention and Document Injuries
After a hit-and-run, it’s essential to prioritize your health. Even if you believe your injuries are minor, seek medical attention immediately. While some injuries are visible right away, other injuries do not show symptoms right away but could worsen over time.
In this regard, medical records serve as important evidence when proving liability. They establish a clear link between the accident and your injuries, helping to refute any claims that your condition was pre-existing or unrelated to the incident. Keep all medical bills, prescriptions, and treatment records for your case.
5. Work with an Experienced Hit-and-Run Attorney
While hit-and-run cases are frequent, they can be complex to handle at times. This is especially when you have to deal with uncooperative insurance companies or elusive drivers. Hiring an experienced attorney who specializes in hit-and-run accidents ensures you have an advocate who understands the complexities of such cases.
For example, hit-and-run accidents are common in Las Vegas. If you or your loved one has been a victim of such an accident, you can hire an experienced and reputable Las Vegas hit and run accident lawyer to prove the negligence of the other party and seek the compensation you’re aiming for.
Your attorney will handle everything from gathering evidence to negotiating with insurance adjusters, giving you the best chance of obtaining fair compensation. They can also represent you in court if necessary, providing expert guidance every step of the way.
6. Use Surveillance Footage
Traffic and surveillance cameras can provide invaluable evidence in hit-and-run cases. These cameras are often located at intersections, near businesses, or in residential neighborhoods. Footage from these sources may capture the fleeing vehicle, its license plate, or even the driver’s face.
Act quickly to request access to this footage, as it’s often overwritten after a short period. Your attorney can help secure this evidence and ensure it’s admissible in court. Surveillance footage is particularly persuasive, as it provides an objective account of the accident.
7. Contact Your Insurance Company
While the at-fault driver is ideally held accountable, your own insurance policy may cover hit-and-run accidents under uninsured motorist (UM) coverage or personal injury protection (PIP). Notify your insurance company promptly and provide them with all available evidence.
Keep in mind that insurance companies are businesses that prioritize minimizing payouts. Be cautious about making statements that could be misinterpreted or used against you. Having legal representation during this process ensures that your rights are protected, and your claim is handled fairly.
8. Leverage Accident Reconstruction Experts
In complex hit-and-run cases, accident reconstruction experts can be invaluable. These professionals analyze evidence such as vehicle damage, skid marks, and debris to recreate the sequence of events leading to the accident.
Their findings can help establish how the accident occurred and provide insights into the fleeing driver’s actions. Accident reconstruction reports are often highly credible in court and can strengthen your case and support your claims for damages.
9. Preserve All Communication Records
In some hit-and-run cases, the at-fault driver may be identified later. If this happens, any communication between you, the driver, and their insurance company becomes crucial evidence. Preserve all emails, letters, and phone call recordings.
Your attorney can use this communication to demonstrate the driver’s liability or counter any arguments that minimize their responsibility. Being organized and retaining a paper trail strengthens your case and ensures no important details are overlooked.
10. Pursue Compensation for All Damages
Understanding the full extent of your damages is essential to proving liability and securing fair compensation. Beyond medical expenses and vehicle repairs, you may be entitled to compensation for lost wages, pain and suffering, and emotional distress.
Documenting these damages thoroughly strengthens your case. Your attorney can calculate the total value of your claim, ensuring that all losses are accounted for and that you receive the compensation you deserve.
