Every driver who gets into an accident in Texas is expected to stop at the crash scene. Unfortunately, not every driver does.
If you are the victim of a hit-and-run accident when a driver fails to stop, you have legal rights. Your own insurance may cover the bills or you may be able to pursue a claim against the driver of the other vehicle if law enforcement officials find them.
Hit-and-run cases can be complicated because you may be dealing with different insurers and the police. You need a knowledgeable San Antonio hit-and-run accident attorney at your side.
George Salinas Injury Lawyers are here to help you.
Our San Antonio car accident lawyers have more than 110 years of collective experience fighting for injured victims. Members of our team have been chosen as Texas Super Lawyers, named as Texas Super Lawyer Rising Stars, and served on the Board of Directors with the Texas Trial Lawyers Association. We can put our legal skills to work on your hit-and-run case, so give us a call at (210) 941-4145 to learn how we can help you.
What is a Hit-and-Run in San Antonio?
Texas Transportation Code Section 550.021 requires “the operator of a vehicle involved in a collision that results or is reasonably likely to result in injury… or death” to “immediately stop the vehicle at the scene of the collision or as close to the scene as possible,” or to “immediately return to the scene of the collision if the vehicle is not stopped at the scene.”
Transportation Code Section 550.002 also requires vehicle operators to stop at the scene of a crash or immediately return to the scene if there is any damage to a vehicle involved in the incident.
Drivers in accidents that cause injury or damage to a vehicle must also render aid and comply with their obligations under Texas Transportation Code Section 550.023. This section mandates that they provide their name and address, their vehicle registration number, and the name of their insurer to others injured or involved in the accident.
If a driver fails to comply with any of these obligations, they can be charged with a hit-and-run offense. Depending on the circumstances, this could be a misdemeanor or felony.
If you were injured in an accident where the other driver fled the scene, an experienced San Antonio drunk driving accident attorney at George Salinas Injury Lawyers can protect your rights and explain your legal options.
Where Do Hit and Run Collisions Occur in San Antonio?
Hit and run accidents often occur at intersections after negligent motorists run red lights or stop signs. They also commonly occur at high speeds when drivers are impaired on major thoroughfares such as Interstate 10 or 35. Other common locations for these crashes include:
- Loop 410
- Loop 1604
- Highway 151
- Highway 281
Why Do Drivers Flee After an Accident?
Often, drivers leave the scene of an accident because they know they have done something wrong and are afraid of the legal consequences. This could be because they:
- Were drinking and driving
- Were driving without insurance or a valid driver’s license
- Are undocumented
- Have outstanding warrants
- Were joyriding or driving a vehicle without permission
- Know the accident was their fault and don’t want to pay for the damages
If you can identify the hit-and-run driver, you may be able to pursue compensation from them for the damages you sustained.
Finding a Fleeing Driver After a Hit and Run
After a hit and run accident, the first step will be to try to identify the fleeing driver. Write down a description of the driver and their vehicle, including any portion of the license plate number you recall seeing. Contact the police and alert them that the other driver fled the scene. Ask any witnesses for their contact information. They may have details that can help locate the driver, and the insurance company may need their statement when processing your claim.
Legal Options for Financial Recovery After a Hit in Run in San Antonio
Depending on the circumstances, you mat have various legal options for recovering financial compensation following a hit and run accident:
Filing a Third-Party Claim
If you are the victim of a hit-and-run accident caused by another driver and the at-fault driver can be located, you can file an insurance claim against their liability insurance policy just like you would have if the other driver had stopped and you had initially received their information. You typically have the right to recover compensation from a motorist who hurts you under the fault-based insurance system in Texas.
You can pursue compensation for the economic and non-economic damages you sustained because of the accident, such as:
- Past, current, and future medical expenses
- Lost wages and reduced earning capacity
- Impairment and disfigurement
- Pain and suffering
- Mental anguish and emotional distress
While punitive damages are not often awarded in personal injury cases, hit-and-run accidents can be an exception. In Texas, exemplary damages are awarded in cases in which there is clear and convincing evidence of fraud, malice, or gross negligence and when the court wants to punish the defendant for such conduct.
An experienced car accident lawyer can identify the damages you can seek and calculate their values.
Filing an Uninsured Motorist Claim
Unfortunately, if you do not have the contact details of the other driver, you can’t just make a claim.
If you have purchased uninsured motorist coverage, your own insurer may foot the bill for the losses the at-fault driver should have covered. However, not everyone has this protection in place as the
Texas Department of Insurance makes clear it is not a required type of coverage.
Filing a Personal Injury Lawsuit with George Salinas Injury Lawyers
If law enforcement identifies the hit-and-run driver, you can file a San Antonio personal injury lawsuit against them; however, many times motorists who flee an accident scene don’t have proper insurance coverage so you’d have to pursue a case against them directly. You’d only want to do this if they had assets to cover your losses, otherwise you couldn’t collect even if you won your case.
A San Antonio Hit and Run Accident Lawyer Can Help
A San Antonio hit-and-run accident lawyer at George Salinas Injury Lawyers will work with you to explore all your options after a hit-and-run. The San Antonio hit and run accident attorneys from George Salinas Injury Lawyers can gather evidence, investigate your case, and coordinate with police officers to try to locate the at-fault driver. Our San Antonio uninsured motorist accident lawyers will do everything in our power to get you the compensation you deserve. Give us a call today at (210)-972-8994 to learn more about the help we can offer.