Drivers involved in a traffic accident in Florida are required to stop and assess the situation. When a driver fails to stop after an accident, the driver may face criminal charges. The driver may also be responsible for civil damages if the driver caused the accident.
Unfortunately, some hit and run drivers are never identified. If you are involved in a hit and run accident, contact 911 immediately to report the crash. Remain at the accident scene until police officers arrive.
Contact a Miami hit and run accident attorney for help. You may be entitled to compensation for your injuries through your insurance coverage. You are the victim in this situation, and you deserve fair compensation for your losses and damages.
Why Should I Hire a Personal Injury Attorney After a Hit & Run Accident?
The weeks after a hit and run accident can be chaotic. Law enforcement officers work to identify the hit and run driver. However, that may not help you.
You need answers to your questions about insurance coverage and responsibility. It helps to have an experienced hit and run accident lawyer at your side to answer these questions. Your attorney reviews your insurance coverage and explains the various coverages that might apply in a hit and run accident.
Filing an insurance claim against your uninsured insurance coverage may be the only way for you to obtain compensation for a hit and run accident. However, the claim may not be a simple process. Without surveillance footage of the accident or eyewitness statements, the insurance company may be hesitant to take your word that a hit and run driver caused the accident.
A Miami car accident attorney handles your injury claim against your insurance provider. Filing a claim with your insurance company places you in an adversarial position. You may have to fight for fair compensation against the company that is supposed to protect you in these circumstances.
It can be stressful to battle your insurance company by yourself. Your insurance provider may deny your claim or undervalue your injury claim. Having legal counsel can relieve the stress so that you can focus on your recovery.
Our lawyers also monitor the active hit and run cases to determine if law enforcement officers make any progress in identifying the hit and run driver. If the hit and run driver is identified, we immediately file an injury claim with the driver’s insurance company seeking damages. We handle issues related to competing insurance companies to protect your best interests.
Common Causes of Hit & Run Accidents in Miami
There are three common types of hit and run accidents in Miami:
- A driver hits a vehicle in traffic causing property damage and/or injuries. The driver fails to stop after the crash.
- A driver hits a parked vehicle or other property and leaves the accident scene.
- A driver hits a bicyclist or pedestrian causing property damage and/or injuries, but fails to stop after striking the person.
The reason why a driver fails to stop after an accident varies. The driver may be driving without insurance or have a suspended driver’s license. The person may be here illegally or have an outstanding warrant for another matter.
Whatever the reason might be, leaving the scene of an accident is a crime. However, your civil case does not depend on criminal charges. If the driver caused the accident, you are entitled to compensation for your injuries, losses, and other damages.
Common Hit & Run Accident Injuries
The injuries caused by a hit-and-run accident vary. The speed of the vehicles and the type of crash can increase the severity of your injuries.
Common hit and run accident injuries include, but are not limited to:
- Traumatic Brain Injury (TBI)
- Skull fractures
- Broken bones
- Back injuries
- Spinal cord injuries
- Chest injuries
- Internal organ injuries
- Neck injuries
- Scarring and disfigurement
You may not notice symptoms of injuries for several hours or days after a car accident. Seeking medical attention as soon as possible can protect your health. It also improves your chance of recovering maximum compensation when filing an insurance claim.
What Types of Damages Can I Receive for a Hit & Run Accident Claim?
The types of damages sustained after a hit-and-run accident depend on the circumstances of the accident and your injuries. Some hit-and-run victims may sustain minor injuries and miss just a few days of work. The damages in those cases may be lower compared to a person who sustains traumatic injuries and is out of work for several weeks or months.
Regardless of the severity of your injuries or the amount of your financial losses, you deserve to be compensated for your losses, pain, and suffering. Even though a hit and run driver may not be identified, you deserve fair compensation for your accident claim.
Common damages included in a hit and run accident claims are:
- Medical expenses
- Loss of income
- Personal care costs
- Physical pain and suffering
- Travel expenses to medical appointments
- Physical therapy
- Emotional suffering and distress
- Permanent disability and impairment
- Disfigurement and scarring
- Loss of quality of life
A Miami hit and run accident lawyer evaluates the damages in your case to calculate the value of your hit and run accident claim. Your lawyer also assists you in documenting your damages to increase the chance of receiving full compensation for all damages from a hit-and-run accident.
Can I Still Receive Compensation if I am Partially to Blame for a Hit & Run Accident?
The other driver, if identified, may claim that you caused the accident. Your insurance provider may also claim that you were partially to blame for the accident if you file an uninsured motorist claim. There is a reason why the other parties may allege you contributed to the cause of the accident.
Under Florida’s pure comparative fault laws, your compensation for an accident claim can be reduced by the percentage of fault assigned to you for causing the crash. Allegations of comparative fault are used to avoid liability after an accident.
In a hit-and-run accident, it can be difficult to prove that you were not at fault if the other driver is never identified. Your insurance company may assert that you caused the accident, so you are not entitled to compensation. On the other hand, the insurance company may allege that you contributed to the accident to lower the value of your injury claim.
In either case, you need experienced legal counsel to investigate the crash to determine fault and gather evidence to prove you were not at fault for the cause of the collision.
Is There a Deadline for Filing a Hit & Run Claim in Florida?
In most cases, an accident victim has four years from the date of the crash to file a personal injury claim. However, if the hit-and-run accident resulted in wrongful death, the family has just two years after the death to file a wrongful death claim.
Even though these deadlines for filing claims may seem long, you should contact a Miami hit-and-run accident attorney as soon as possible. There are exceptions to the Florida Statute of Limitations for car accident claims. Missing a deadline to file a car accident claim could result in losing your legal right to pursue legal action against a hit and run driver or your own insurance company.
Statistics for Hit & Run Accidents
Hit and run accidents are common in Florida. According to statistics, in 2019, there were 105,341 hit and run crashes. From 2015 through 2019, there were 507,648 accidents caused by hit and run drivers. Over 84 percent of the hit and run accidents occur during the nighttime hours or at dawn or dusk.
What Should I do After a Hit and Run Accident in Miami?
It can be shocking to be involved in a hit-and-run accident. If possible, keep these steps in mind:
- Call 911 to report the accident and remain at the accident scene.
- Ask eyewitnesses for their names and contact information.
- Give the police officers as much detail about the vehicle that caused the accident.
- Seek medical treatment as soon as possible to document your injuries.
- Make notes about what happened while the incident is fresh on your mind.
- Notify your insurance company of the accident immediately, but avoid making a formal statement until you talk to an attorney.
- Document your injuries and damages by keeping careful notes and copies of all bills, receipts, medical records, and other documents.
- Do not discuss the accident or your injuries on social media.
- Contact a Miami hit-and-run accident lawyer for help.
Contact a Car Wreck Attorney in Miami, FL for a Free Consultation
If a hit-and-run driver caused your injury, we want to help. The days and weeks after a hit-and-run accident can be stressful. However, they are also important.
The steps you take after a hit-and-run accident are important. Some things that you do or say could negatively impact your chances of recovering a fair settlement amount for your injury claim.
Contact Lavent Law Personal Injury Lawyer to schedule a free consultation with a Miami hit-and-run accident attorney. Our legal team is here to provide support, guidance, and legal counsel as you struggle to recover from a hit-and-run accident.