If you have been involved in a hit and run crash, there might be more serious legal consequences to be faced than in a regular crash where the parties remain on the scene. There are specific duties or responsibilities for drivers after a traffic accident.
If injuries result from the accident, any driver who is not injured is required by law in most states to at least notify emergency services. In many states, the laws require even more action, such as transporting the injured victim to medical care whenever it is necessary and whenever possible. If the accident is of a serious nature, the police must be notified.
Contact information and insurance details must also be exchanged after an accident. If someone fled the scene of an accident, these obligations cannot be met.
Hit and Run Crash Civil Consequences
If you have been involved in an accident where the driver fled the scene of an accident, the main consequence will be that most likely you will be able to recover punitive damages in a lawsuit. Punitive damages are usually only payable when one of the parties involved intentionally or recklessly caused damages and harm to the other party or acted in a manner that was egregious.
In these situations, the accident victim is entitled to be compensated for their damages, including medical expenses, pain and suffering, lost wages, property damages, loss of enjoyment of life, and so forth. These damages are based on the level of harm that resulted and not the behavior of the defendant.
What are Punitive Damages?
Punitive damages were designed to keep the individual from acting in that manner again and to punish him or her for their behavior, which in this case is having fled the scene of an accident. These are damages that are not only calculated based on the defendant acting immorally, but also on how much it would take to punish the defendant in a financial manner.
In other words, the punitive damage amount will be based on the financial status of the defendant. A rich defendant would be required to pay out more than a poor defendant. Basically, anytime the driver has fled the scene of an accident, it is considered worthy of punitive damages because fleeing the scene was intentional even if the accident was not intentional.
Criminal Consequences for Having Fled the Scene of An Accident
If an individual has fled the scene of an accident, he or she could also face criminal charges that vary from a misdemeanor to a felony. If a driver has hit an individual and had sufficient cause to think the other party was injured but they continued and did not stop to render aid, he or she could face jail time. Jail time would especially be likely if the other party was killed or injured in the accident.
Consult With A Personal Injury Attorney
If you have been involved in an accident where the other driver has fled the scene, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page so you can get your free case review.
