Escaping accidents are some unique legal issues – including significant civil and criminal consequences for a runner and complications for victims seeking compensation. Can I sue a hit and run driver?
Normal duties of drivers involved in an accident
All drivers have specific responsibilities when they are involved in a traffic accident. First, if the accident involves injury, state law usually requires a harmless driver to at least call an ambulance – many states require more, such as transporting a victim for medical help if needed.
If the accident is serious, you must also notify the police. Finally, persons involved in the accident must exchange contact and insurance details. Of course, all these obligations require the person involved in the accident to stop and not leave the scene.
Consequences of an escape accident
The main consequence of an investigation into a bodily injury case is that the plaintiff is likely to recover criminal damages. Criminal compensation is generally available when the defendant (the “defendant”) intentionally or recklessly harms or acts in a particularly gross manner.
The plaintiff (“plaintiff”) is entitled to compensation that compensates for his medical expenses, pain and suffering, lost wages, etc. Such damages must be proportionate to the damage caused and cannot be based on the defendant’s behavior.
Criminal damage, however, is designed to punish and prevent bad behavior by warning others. They are calculated not only in proportion to the defendant’s lack of morality, but also how much money is needed to effectively punish the accused. In other words, the richer or poorer the defendant, the higher or lower the amount of criminal injury.
Since everyone is considered to be legally aware of their duties at the scene of the accident, committing an “escape” will almost always be considered morally reprehensible and worthy of criminal damage. Even if the accident was unintentional, the escape from the scene was an intentional act potentially substantiating criminal damage.
Types of damage
To be successful in claiming damages, you must be able to prove that the other driver acted recklessly or intentionally to cause damage. The types of damage you can sue include, but are not limited to: medical expenses, car bills, salaries lost as a result of an accident.
The amount of compensation that the court can award may vary depending on the extent to which the court is responsible for the other driver, as well as his financial situation. Damage can be both real and criminal. Criminal damages are damages that are awarded to specifically punish the other party for their acts in order to prevent similar actions in the future.
What if the driver is not found?
If you can’t find it, you can use collision insurance in the event of damage to your vehicle and insurance from an uninsured driver to make a claim. You don’t have to sue anyone. You don’t even need a lawyer most of the time. You can work directly with the corrector from your own insurance company.
