After a hit and run accident, you may find yourself dealing with injuries, emotional distress, as well as legal and financial uncertainties. On top of that, you may be considering whether to hire a hit and run accident attorney.
Consulting with a qualified attorney is highly recommended. A qualified attorney can provide the necessary guidance and representation to help you secure the compensation you need.
Table of contents
- Understanding Hit and Run Accidents
- The Psychology Behind Hit and Run Incidents
- The Challenges of Hit and Run Cases
- Reasons to Hire a Hit and Run Accident Attorney
- The Process of Working with a Hit and Run Accident Attorney
- Choosing the Right Hit and Run Accident Attorney
- The Importance of Acting Quickly
- Why Do I Need to Hire a Hit and Run Accident Attorney: Final Remarks
- Talk to a Hit and Run Attorney Today
Understanding Hit and Run Accidents
A hit and run occurs when a driver involved in a collision with another vehicle, pedestrian, or property leaves the scene without stopping to identify themselves or render aid. That is unlawful conduct in New York.
Hit and run accidents can take many forms:
- Vehicle-to-vehicle collisions
- Vehicle-to-pedestrian incidents
- Vehicle-to-cyclist accidents
- Collisions with stationary objects or property
Regardless of the circumstances, the aftermath of a hit and run can be overwhelming for the people involved. This is where an attorney becomes invaluable.
The Psychology Behind Hit and Run Incidents
Understanding why drivers flee the scene of an accident can provide insight into these cases. Common reasons include:
- Fear of consequences (legal, financial, or personal)
- Driving under the influence of alcohol or drugs
- Lack of insurance or valid driver's license
- Outstanding warrants or previous legal issues
- Panic or shock leading to irrational decision-making
Recognizing these motivations can potentially help attorneys in their efforts to locate hit and run drivers.
The Challenges of Hit and Run Cases
Hit and run accidents present a unique set of challenges that set them apart from typical car accident cases:
- Identifying the At-Fault Driver: The most obvious challenge is locating the driver who fled the scene. Without this information, victims may struggle to gain compensation through traditional means and will have to rely on their own insurance policy, which likely carries uninsured/underinsured motorist coverage.
- Limited Evidence: With the responsible party absent, gathering evidence becomes more difficult. Important details that could help build a case may be lost or compromised.
- Insurance Complications: If the at-fault driver remains unidentified, victims may assert an uninsured motorist claim.
- Statute of Limitations: The time limit for filing a claim can be affected by the ongoing search for the responsible party.
- Emotional Trauma: The act of being left at the scene can cause additional psychological distress beyond the physical injuries sustained.
- Potential Criminal Investigation: Hit and run cases often involve both civil and criminal elements, requiring coordination between different legal processes.
- Witness Reliability: As time passes, witnesses' memories may fade, making it harder to gather accurate accounts of the incident.
These challenges underscore the need for experienced legal representation.
Reasons to Hire a Hit and Run Accident Attorney
1. Experience in Law
Hit and run cases involve an area of law that combines elements of personal injury, criminal law, and insurance regulations. An experienced personal injury attorney brings:
- Knowledge of New York law
- Understanding of relevant case law and statutes
- Familiarity with insurance policies and claim procedures
- Experience in dealing with uninsured/underinsured motorist insurance coverage
This experience plays a part in building a strong case and maximizing your chances of fair compensation.
2. Thorough Investigation Skills
In the absence of an identified at-fault driver, a detailed investigation becomes paramount. Hit and run accident attorneys should generally have:
- Resources to conduct investigations
- Relationships with accident reconstruction experts
- Skills in interviewing witnesses effectively
- Knowledge of how to properly preserve and document evidence for legal purposes
These capabilities can uncover evidence that may have been overlooked initially.
3. Handling Insurance Issues
Insurance companies can complicate hit and run claims, especially when the at-fault driver remains unidentified. An experienced attorney can:
- Interpret insurance policies
- Identify all sources of compensation
- Negotiate with insurance companies on your behalf
- Challenge unfair claim denials or low settlement offers
- Handle subrogation claims from health insurance companies
Their experience in dealing with insurance companies can be the difference between a denied claim and fair compensation. An attorney will be familiar with common tactics used by insurance companies to minimize payouts and will know how to counter these strategies effectively.
4. Maximizing Compensation
A hit and run accident attorney's primary goal is to get you as much compensation as possible for your injuries and losses. They can help calculate damages such as:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Rehabilitation costs
- Long-term care expenses
- Loss of enjoyment of life
- Punitive damages (in cases where these “exemplary” damages are warranted)
An attorney will advocate for compensation that covers all aspects of your damages, not just the obvious ones. They'll work with their legal team to make sure your settlement or award truly reflects the full extent of your losses.
5. Legal Strategy and Representation
Should your case go to court, you’ll want to have a skilled attorney by your side. They will:
- Develop a legal plan tailored to your specific case
- Prepare and file necessary legal documents
- Represent you in court
- Cross-examine witnesses and present evidence effectively
- Argue your case before a judge or jury
- Handle any appeals processes if necessary
- Negotiate plea deals in cases involving criminal charges against the hit and run driver
Even if your case doesn't go to trial, having an attorney prepared for litigation can
strengthen your negotiating position.
6. Handling Statute of Limitations Issues
The statute of limitations applies to hit and run cases. An attorney will:
- Make sure related deadlines are met
- File necessary paperwork to preserve your right to claim
- Advise on the best timing for legal actions
Experience in this area can prevent you from losing your right to compensation due to missed deadlines.
9. No Upfront Costs
Most personal injury attorneys work on a contingency fee basis. This means:
- You pay no upfront legal fees
- Attorney fees are paid only if you win your case
- The attorney's interests are aligned with yours in seeking maximum compensation
- You can access high-quality legal representation regardless of your current financial situation
- The attorney assumes the financial risk of pursuing your case
This arrangement makes quality legal representation accessible to all hit and run victims, regardless of their financial situation.
10. Leveling the Playing Field
Insurance companies and at-fault parties often have teams of lawyers protecting their interests. By hiring your own attorney, you:
- Level the playing field against well-resourced opponents
- Make sure your rights are protected throughout the legal process
- Benefit from an attorney's experience in negotiating with insurance companies and defense attorneys
- Gain access to resources that might otherwise be out of reach
This representation plays into ensuring you're not taken advantage of during negotiations or legal proceedings.
The Process of Working with a Hit and Run Accident Attorney
Understanding the process of working with an attorney can help you feel more comfortable seeking legal help:
- Initial Consultation: Most attorneys offer a free initial consultation to discuss your case. During this meeting, you'll have the opportunity to share the details of your accident and ask questions about the attorney's experience and approach.
- Case Evaluation: The attorney will review the details of your accident and assess the strength of your case. They'll consider factors such as the available evidence, the extent of your injuries, and the potential for identifying the hit and run driver.
- Investigation: If you choose to proceed, the attorney will begin a thorough investigation of your accident.
- Negotiations: Once evidence is gathered, your attorney will begin negotiations with insurance companies or the at-fault party (if identified).
- Litigation: If a fair settlement can't be reached from the other side, your attorney will prepare to take your case to court.
- Resolution: Whether through settlement or trial verdict, your attorney will work to resolve your case. If you receive a settlement or judgment, your attorney will also help:
- Negotiate any liens on your settlement (such as from health insurance or medical providers)
- Make sure you receive your compensation in a timely manner
- Advise you on the tax implications of your settlement, if any
Choosing the Right Hit and Run Accident Attorney
Not all attorneys are equally equipped to handle hit and run cases. When selecting an attorney, it is a good idea to consider:
- Experience specifically with hit and run accidents
- Track record of success in similar cases
- Resources available for thorough investigations
- Communication style and availability
- Client testimonials and reviews
- The firm's approach to case management and client care
- Their connections with local law enforcement and prosecutors
- Their willingness to take cases to trial if necessary
It's important to choose an attorney who not only has the necessary legal experience but also makes you feel comfortable and confident in their ability to handle your case.
At William Mattar Law Offices, our attorneys handle hit and run accident cases. We understand the challenges posed by these cases and have the resources to take them on effectively.
The Importance of Acting Quickly
In hit and run cases, time is often of the essence. The sooner you involve an attorney, the better. Quick action is needed for several reasons:
- Preserving Evidence: Physical evidence at the accident scene can disappear quickly, and witness memories can fade. An attorney can take immediate steps to preserve this evidence.
- Complying with Insurance Deadlines: Many insurance policies have strict deadlines for reporting accidents and filing claims. An attorney will make sure you meet these deadlines and protect your right to compensation.
- Increasing Chances of Finding the Driver: The likelihood of identifying a hit and run driver decreases significantly as time passes. Quick action and a thorough investigation can increase the chances of locating the responsible party.
- Protecting Your Rights: Insurance companies may try to contact you shortly after the accident. Having an attorney from the start safeguards your rights.
By involving an attorney early in the process, you give yourself the best possible chance of achieving a favorable outcome in your hit and run case.
Why Do I Need to Hire a Hit and Run Accident Attorney: Final Remarks
The decision to hire a hit and run accident attorney can significantly impact the outcome of your case. From conducting thorough investigations to negotiating with insurance companies and representing you in court if necessary, an attorney can be your strongest advocate in seeking justice and fair compensation.
At William Mattar Law Offices, our experienced attorneys are dedicated to advocating for the rights of hit and run victims. We have the resources, experience, and commitment to handle even the most complex hit and run cases.
Talk to a Hit and Run Attorney Today
If you've been the victim of a hit and run accident, you’re not alone. With the right legal representation, you can focus on your recovery while we handle the legal side.
Contact William Mattar Law Offices today for a free consultation and let us put our skills to work for you.