In order to make a claim for compensation after an accident, there generally needs to be a person for whom you can target the lawsuit at. Unfortunately, some people will quickly speed away after a severe auto accident in order to evade responsibility. It is important that you contact a Winter Garden hit and run accident lawyer if this situation ever occurs.
Hit and runs happen when a driver leaves the scene of an accident without calling the police or leaving insurance information. This often occurs late at night and on the weekend, when people are coming back from clubs and bars, and might not be in a cognitive state to make good decisions. They might be getting onto one of the highways or heading back home, and they rear-end someone. Instead of doing the right thing and waiting to give the insurance information, they take off.
Hit and run cases are far more complex than a standard auto accident. If there was a death, significant bodily injury, or property damage, there will be a criminal case that precedes and runs parallel to a personal injury claim. A law enforcement investigation can be beneficial into pursuing civil action against the at-fault driver.
The number one thing for a person to do after a crash is to get a picture of the car’s license plate, and the driver if possible, so that they have all the information in the event the driver leaves the scene. They should call the police immediately and stay on top of it, because they may start an investigation but will often drop it if they do not find the culprit soon. If they drop the investigation, a person should call the police supervisor and get them involved.
A person must then document their own injuries and property damage, and call a Winter Garden attorney after being in a hit and run accident.
Florida has vicarious liability, meaning if a lawyer can establish who the owner of the vehicle was, they can still pursue coverages through the owner, presuming that the car was not stolen.
Vicarious liability says that if an owner lends their car to any individual willingly, then they are on the hook for any actions of that driver, including an auto accident. However, a lot of the state troopers are too busy to actually investigate a hit and run; they do a soft investigation and just drop it when it yields no results.
Oftentimes, law enforcement is not able to invest all their resources in a case where there is not serious bodily injury or death. However, sometimes people in auto accidents do not realize how injured they are until several weeks or months later as they go through the course of treatment. Hit and run accident attorneys in Winter Garden can utilize their resources and act as a private investigator, using public record requests through surveillance footage at intersections to determine who the driver was. Lawyers have resources that allow them to do searches on tag numbers and VIN numbers that can potentially lead to the owner.
A person could make a claim for economic and non-economic damages, whether it is for pain and suffering, loss of enjoyment of life, future loss of earning capacity, or something more tangible like medical expenses.
Punitive damages, which are less likely but still a possibility in certain situations, are attributed to an act or conduct which is egregious that leads to the accident itself. A DUI is egregious behavior, which potentially then leads to an injury or accident through behavior that a judicial system has determined to be warrant punishment of that individual far and above whatever the liability provisions are.
Fleeing after an accident is against the law and the negligent party must be held accountable for any damages you suffered. At The Umansky Law Firm, we have Winter Garden hit and run accident lawyers at the ready. Fill out a contact form and let us know how we can help.
The Umansky Law Firm Criminal Defense & Injury Attorneys
