Hit and Run Accident Lawyers
Experienced Hamilton Auto Accident Law Firm
Hit-and-Run Accident Lawyers
Being in a car accident is always jarring, but hit-and-run accidents can leave a particularly strong mark on their victims. When the other driver takes off without so much as a word, it can present various legal complications — not to mention leave you, as the victim, in a precarious position. Still, if you have been left in the lurch by a hit-and-run driver, you may be able to recover compensation for your injuries.
What is a Hit-and-Run Accident?
Simply put, a hit-and-run accident occurs when a party — usually the party at fault — leaves the scene of an accident without stopping to follow proper rules and procedures. A hit-and-run accident may involve striking a pedestrian, motorcyclist, bicyclist, another vehicle, or even a recreational vehicle.
Generally, a motorist who hits someone has a responsibility to stop, pull over, assess any damage, and exchange information. When this does not happen, Canadian law provides stiff criminal penalties: under the Highway Traffic Act and the Canadian Criminal Code, you can face jail time, fines, demerit points, and suspension of your license. Additionally, a driver who is responsible for an accident and fails to stop can face a potential lawsuit and insurance claims.
What Should You Do if You’ve Experienced a Hit-and-Run?
After a hit-and-run accident, you may be in shock; you may also have suffered significant injuries and damage to your vehicle or other property. In order to protect your legal rights, there are a number of steps you should take:
- First and foremost, move to safety and call for help and medical attention. Be sure you get checked out thoroughly, as there are many different injuries that are not apparent right away but may be found with prompt medical attention.
- Call the police immediately to report the accident, and make sure you share any information you may have or remember about the other party. No matter how insignificant or unimportant a piece of information may seem, it may be crucial not only to finding the identity of the person who hit you but also to establishing a successful claim in court.
- Write everything down. Memorialize in writing such important information as the date and time, the location of the accident, and any information about the vehicle that hit you, such as make, model, color, and license plate number, even if you can only remember a part of it.
- Talk to anyone at the scene. Speak with any witnesses that were present at the scene of the hit-and-run accident. Record their statements, or ask them to provide a written statement of what they observed at the scene. Be sure you obtain contact information for follow-up.
- Check to see if the other driver left a note before they took off with any pertinent information. Also, check to see if there are any security cameras nearby that could be used to help you piece together what happened and establish a claim.
- Call your insurance company to report the accident as soon as possible. Discuss the process of filing a claim, but do not share any statements or information about liability or fault — even with your own insurer.
- Get in touch with a lawyer. Contact a knowledgeable car accident lawyer who has significant experience with hit-and-run cases, so that you can get a clear picture of your legal rights and options. Discuss with them the steps to take in your case and the process of filing a claim, so that you can recover compensation for the damages you have incurred.
- Continue to seek the medical attention you need. Whether it be a hospital stay, medical testing and imaging, or visits with doctors and specialists, it is imperative that you receive the care you need to help you recover.
- Keep meticulous records of the accident, your injuries, and your recovery. Save any correspondence, reports, medical records, and bills or invoices that have to do with your personal injuries or damage to your property.
How Do Hit-and-Run Lawsuits Work in Canada?
A hit-and-run accident can leave you with significant injuries and damages, and it’s important to note that you do have some recourse to recover compensation. Generally, a lawsuit filed after a hit-and-run accident will involve a claim for negligence, and you will need to prove both damages and liability: that your injuries resulted directly from the negligent conduct of the party who failed to stop after the accident.
For example, if you were a driver who was rear ended by a driver who then took off, you will need to prove that the driver’s conduct — failing to operate safely and stop to let you cross — resulted in the personal injuries you have sustained.
Hit-and-run lawsuits can quickly become complicated. For one, there will be some challenges in identifying the driver at fault, and there may also be nuanced questions about liability. For this reason, a personal injury lawyer who is experienced in hit and run accidents can be extremely helpful — they can negotiate with the insurance company and the responsible party toward a fair and reasonable settlement, and they can represent your interests in court. They will also research the laws applicable to your claim and compile the evidence needed to present a strong case on your behalf.
How Can Derek Wilson Personal Injury Law Help After a Hit and Run Accident?
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