Many drivers involved in a hit-and-run may not know that they still have the ability to pursue legal action, even when they don’t know who the driver is. In Texas, a person guilty of a hit and run can face both criminal and civil charges for fleeing the scene.
If you were involved in a hit and run, you could be entitled to financial compensation for your injuries and property damage. Following your accident, you’ll want to seek representation from an experienced San Antonio hit-and-run lawyer. One of our knowledgeable attorneys from Janicek Law will evaluate your claim and help you proceed with legal action against the responsible party. To talk with a San Antonio car accident attorney, call 210-366-4949 today.
What is a Hit and Run Accident?
When a driver leaves the scene of a car accident before calling the police, talking to the other driver, or helping anyone injured, they’ve committed a hit and run. According to Texas Transportation Code Chapter 550, drivers are required to stop when involved in an accident. These accidents can involve a driver hitting a parked vehicle without waiting to meet with the other driver or a driver striking a pedestrian, bicyclist, other motor vehicles, or a piece of property. Any driver who does not stop following an accident could be charged with criminal penalties. If the accident resulted in injury or death, the driver who fled the scene could face prison.
When you’ve been involved in a hit and run, call car accident attorneys at Janicek Law as soon as possible. Even though you don’t have information about the other driver, our attorneys can still help you seek financial compensation for any injuries or damages caused by the accident.
How Common Are Hit and Run Accidents in Texas?
Hit-and-run incidents are a significant concern in Texas, with the state ranking among the highest for such fatalities. According to a study by the AAA Foundation for Traffic Safety, Texas averaged 181 fatal hit-and-run crashes per year over a recent period, placing it eighth nationally. According to another source, between 2018 and 2021, the city experienced 631 fatal motor vehicle crashes resulting in 661 deaths. Notably, in 2022, San Antonio recorded 39,355 motor vehicle collisions, including 186 fatal crashes leading to 199 deaths.
These alarming statistics highlight the critical need for enhanced traffic safety measures and public awareness to address the growing problem of hit-and-run accidents in Texas and its major cities.
What to Do After a Hit and Run Accident in Texas
If you’re involved in a hit-and-run motor vehicle accident, there are specific steps that you should take to ensure the safety of yourself and your passengers. Following these steps is also important if you want to seek a hit-and-run claim against the other driver involved, who fled the scene.
Call 911
Your first step after being involved in a hit-and-run is to call the police. When you call 911, make sure to report any injuries and if they may need medical treatment. Even if you don’t feel like you’ve been injured, it’s important to seek medical attention. Many injuries related to car accidents can show up later. Other catastrophic injuries you may not realize you’re suffering from, like nerve and organ damage, can be life-threatening. Seeking medical attention is also crucial if you want to seek compensation for your injuries by pursuing an accident claim. Your San Antonio hit-and-run attorney will use your medical records as part of their evidence proving that the accident led to your injuries and other damages.
If you sustained a permanent injury, call our San Antonio catastrophic injury attorneys for a free consultation.
Collect Evidence
While you wait for law enforcement to reach the scene, it’s important to document any critical information related to the driver who fled the scene. Write down a description of the motor vehicle, license plate number, bumper stickers, damage, make, model, color, and any other identifying information that can help law enforcement find the missing driver.
Once on the scene, the law enforcement officer will interview witnesses and collect evidence for the hit-and-run crash report. The information you provide the officer regarding the other vehicle, eyewitness accounts, and accident photos will all be compiled into an official accident report. This police report will help your personal injury attorney in San Antonio if you pursue an accident claim against the other driver.
Ask the law enforcement officer for a copy of the police report, as most insurance companies require this documentation when filing your claim.
Don’t Admit Fault
When you contact your insurance company notifying them about the accident, do not provide them with any information about the accident or your injuries. You can inform them that you’re seeking legal representation by contacting an attorney and seeking medical treatment.
It’s recommended to wait until after you’ve consulted with your attorney at Janicek Law before giving your insurance company an official statement. Any information you provide your insurance agency can be used against you when pursuing your claim.
Contact Your Auto Insurance Company
It’s still important to contact your auto insurance company following your accident. You can provide them with the information outlined above, but avoid giving details related to injuries and other information related to how the accident happened. Your hit-and-run attorney will advise you on what to provide the insurance company with that will not affect your accident claim.
Your auto insurance company will be able to explain things like will your insurance cover a hit and run, if you have uninsured motorist coverage, and more. You could risk losing your insurance policy if you don’t call your auto insurance following your hit and run accident.
If you don’t have auto insurance, we cover “Is it illegal to drive without insurance in Texas.”
Report the Hit and Run to TxDOT
Following a hit-and-run car accident in Texas, residents must file a report to the Texas Department of Transportation (TxDOT). If the accident resulted in injuries, death, or property damage over $1,000, you must report the accident to the TxDOT if the police did not visit the accident scene and file their own crash report. Those involved in hit-and-runs have ten days to file their report. If your accident resulted in injuries, death, or property damage over $1,000 and you do not file within the ten-day window, you could have your driver’s license suspended.
Hire a Hit and Run Lawyer
In typical car accident cases, the drivers involved will exchange information like driver’s licenses, insurance company details, and more which can help when you’re pursuing an accident claim. However, with a hit and run, you often don’t know anything about the driver of the other vehicle involved.
Hit and Run Involving Pedestrians
If you are a pedestrian injured because a missing driver hit you, seek medical attention and move to a safe location if possible. Try to remember details about the vehicle involved, such as the color, make, model, or license plate number. Call the police to report the crash, providing any statements from eyewitness accounts or nearby surveillance footage if available. Document the scene, take photos of injuries, and keep records of medical expenses. Since auto insurance claims for pedestrians can be legally complex, consulting a San Antonio pedestrian accident lawyer can help you explore options for compensation.
Hit and Run Involving Cyclists
If you are a cyclist injured in a hit-and-run accident, move to a safe location and call the police to make a crash report, providing a description of the vehicle, such as the color, make, model, or license plate number. Look for witnesses and ask if they saw the collision, as their eyewitness accounts may help identify the missing driver. Take photos of your bike, injuries, and the scene to document the damage. Seek medical attention even if injuries seem minor, as some may worsen over time. Call a San Antonio bike accident lawyer who can help you pursue compensation through uninsured motorist coverage or legal action if the driver involved is located.
How to Report a Hit and Run to TxDOT
To report a hit and run on the TxDOT portal, visit their website to find the CR-2 Form, also known as “The Blue Form.” You will be required to submit information that includes the following:
- Date of the accident and time, if available
- Where the hit and run happened
- Cars and individuals involved
- Damaged vehicles and what that damage is
- Injuries
- A narrative of what happened (do not include accident photos)
- Signature
The information in the CR-2 form can hurt your hit-and-run claim. It’s recommended to review the form with your attorney from Janicek Law before submitting it to ensure no information can be held against you.
Compensation in a Hit and Run Claim
While no amount of financial compensation can undo the damage done by your car accident, it can remove the financial responsibility from you and place it on the at-fault driver. The financial losses that you can claim for a car accident in Texas include:
- Medical expenses
- Lost wages and loss of earning capacity
- Vehicle damage
- Pain and suffering
- Emotional distress
- Counseling expenses
- Mobility aids, like wheelchairs and walkers
- Loss of consortium
- Loss of enjoyment of life
- And more
If your hit-and-run car accident resulted in losing a loved one, you could have grounds to pursue a wrongful death claim. The compensation for this type of lawsuit will cover funeral costs, burial costs, loss of benefits, and more. Contact a San Antonio fatal car accident lawyer.
Personal Injury Lawyers For Hit and Run Accidents in San Antonio
Any type of car accident can have devastating results. If you were a hit and run victim, it can be even challenging to recover compensation since the at-fault driver is often unknown. You should not be held financially responsible for your injuries and other damages that a negligent driver caused. To learn more about your legal rights surrounding your hit-and-run accident claim, contact the attorneys at Janicek Law by calling 210-366-4949. The sooner you schedule your free initial consultation, the sooner we can help you along your road to recovery.
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