Hit and Run Accidents
Did another driver injure you in an accident and then flee the scene? What are you supposed to do now? Who will pay for the damages? A hit-and-run lawyer in Arizona can help you.
Silkman Law Firm Injury & Accident Lawyer can help. We know how frustrating it can be to experience a hit-and-run accident and not know who is responsible for your financial, physical, and emotional pain. Attorney Alex Silkman can explore every possible legal option for you to recover compensation, even if law enforcement never identifies the hit-and-run driver.
Contact us Silkman Law Firm Injury & Accident Lawyer today for a free consultation with our legal team.
What Are the Consequences for Fleeing the Scene of an Accident?
Under Arizona law, any driver involved in an accident must stop, provide their identification information, and give reasonable assistance if necessary. A driver who flees the accident scene could face both criminal and civil consequences. Depending on the severity of the accident, a hit-and-run driver’s criminal penalties could include jail time and large fines. Beyond these criminal consequences, a hit-and-run driver may also face civil liability for the victim's losses. They may owe the victim significant compensation for their medical expenses, lost income, and pain and suffering. If the case goes to trial, the court could also award the victim punitive damages – which are meant to punish the at-fault driver for their irresponsible and negligent actions.
Is the Hit-and-Run Driver Automatically Liable?
While a hit-and-run driver may have committed a crime by fleeing the accident scene, they are not automatically liable for the accident itself. Liability depends on negligence. If the hit-and-run driver's negligence caused the accident, they could be responsible for the injured party’s losses. Negligence could include many irresponsible and dangerous actions, such as:
- Speeding
- Running a red light
- Distracted driving
- Drunk driving
- Following too closely
Proving negligence requires evidence. Evidence of negligence could include photos and videos of the accident scene, expert witness reports, and eyewitness testimony. Your hit-and-run accident attorney can help you locate and secure the needed proof.
Legally Reviewed By:
Alex Silkman
Alex Silkman is the founder and managing member of Silkman Law Firm Injury & Accident Lawyer. He focuses exclusively on personal injury and wrongful death cases, with the goal of getting truly just results for accident victims and their families...
In many cases, you may recover compensation after a hit-and-run accident by filing an insurance claim. Here are a few options that may be available:
- Uninsured motorist coverage – Arizona does not require drivers to have uninsured motorist coverage as part of their vehicle liability insurance. But many drivers choose to include this coverage, which pays for bodily injury and property damage after an accident with an uninsured motorist. It will also cover accidents involving a hit-and-run driver who law enforcement cannot locate.
- MedPay insurance – While not required, some drivers may maintain medical payments (MedPay) insurance as part of their policy. MedPay covers hospital bills resulting from an accident regardless of who is at fault.
- Health insurance – If you have health insurance, some of your medical expenses may be covered by your policy.
- Third-party claim – If another party shared responsibility for the accident, you could seek compensation from the at-fault party by filing a claim with their insurance company.
- Locating the hit-and-run driver – If the at-fault driver is later identified, you can file a claim with their insurance company – assuming they are insured. If they don’t have insurance, you may be able to pursue a lawsuit against them.
Arizona requires personal injury victims to file a lawsuit within two years of the accident date. During those two years, you will need to build a compelling case of negligence against the at-fault driver. That can take significant time, so you must act quickly.
Even if you only plan on filing a claim with an insurance company, you should do so as soon as possible. The longer you wait to file a claim, the less negotiating strength you have since the insurance company knows your deadline for filing a lawsuit is fast approaching.
Experiencing a hit-and-run accident can be unsettling, leaving you unsure what to do next. Here are some steps you should take to protect your safety and rights:
- Prioritize your health and safety – After a hit-and-run accident, you must prioritize your own health and safety. After you get medical attention, focus on your recovery regimen. Keep a journal of your daily progress, including the amount of pain you are experiencing. Do not try to track down the hit-and-run driver yourself. Leave it to the police.
- Take notes on what you remember – As soon as you can, write down everything you can remember about the accident and the hit-and-run driver. Write down the make and model of their vehicle, its color, its relative age, any license plate letters or numbers you can recall, and any other identifying information that sticks in your mind – such as a unique bumper sticker. This information will help the police in their search.
- Consult a lawyer – While the police will do everything they can to track down the at-fault driver, you should consult a lawyer too. An experienced hit-and-run accident lawyer can conduct their own investigation and may even uncover evidence that the police miss. They can also explore every possible option for recovering compensation.
