Injured in a Hit-and-Run?
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In Texas, drivers are legally required to stop after an accident. When a driver flees the scene, leaving behind injuries and property damage, it is classified as a hit-and-run.
At The Law Offices of Omar Khawaja, we understand the unique challenges victims of these accidents face and are committed to fighting for your rights and securing the compensation you deserve.
Texas Hit and Run Accidents
Hit-and-run accidents are a big problem in Texas. If you’ve been a victim of a hit-and-run, you need to know your rights and options under the law.
In this article we’ll cover what constitutes a hit-and-run, what to do after one, how fault is determined, and what kind of damages you can recover.
What is a hit-and-run accident?
In Texas, a hit-and-run is when a driver involved in an accident leaves the scene without stopping to give information or render aid to anyone who may be injured.
Under Texas Transportation Code 550.021 failing to stop after an accident involving injury, death or property damage is a crime. Penalties for hit and run can include big fines, jail time and driver’s license suspension depending on the severity of the accident.
What to do after a hit-and-run in Texas
The first thing is to make sure everyone is safe and sound. Call 911 and report the accident and request medical assistance for any injured parties.
While waiting for the police try to get as much information as you can about the fleeing vehicle, make, model, color and license plate number.
If there are witnesses, ask for their contact info in case you need to get a statement from them later.
Once the police get there give them a detailed account of what happened. Tell them the other driver left the scene. Get a copy of the accident report as this will be important for insurance claims and any legal proceedings.
Document the accident scene with photos of your vehicle damage, any visible injuries, skid marks and road conditions.
Even if your injuries seem minor get medical attention as soon as possible after the hit-and-run. Some injury symptoms can be delayed and prompt treatment is important for your health and any future insurance claims or lawsuits. Make sure you attend all follow up appointments and follow your doctor’s treatment plan!
You’ll also need to report the accident to your own auto insurance company even if you weren’t at fault. Give them all the documentation you have. If the hit-and-run driver can’t be found, you may have to rely on your own insurance to cover damages.
Fault in a Texas Hit-and-Run
In most cases the hit and run driver is presumed to be at fault for the accident. But if that driver can’t be found or identified you may have to turn to your own insurance policy for coverage.
Texas auto insurance policies have uninsured/underinsured motorist (UM/UIM) coverage which can pay for damages caused by a driver who has no insurance or can’t be found.
Texas is a modified comparative negligence state which means fault can be apportioned among all parties involved in the accident. If you’re found to be partially at fault for the hit-and-run accident your damages may be reduced by your percentage of fault. But as long as you’re 50% or less at fault you can still recover from the other party.
Recovering Damages after a Texas Hit-and-Run
The process of getting financial compensation after a hit-and-run depends on if the fleeing driver is found. If they are identified, you can file a claim with their insurance company or file a personal injury lawsuit against them. In a successful claim you may be able to recover:
- Vehicle repair or replacement costs
- Current and future medical expenses
- Lost wages from missed work
- Pain and suffering
- Punitive damages (in rare cases of gross negligence or intentional misconduct)
But if the hit-and-run driver is not found you’ll have to rely on your own insurance coverage.
Your uninsured/underinsured motorist policy should cover damages up to your policy limits. You may also have personal injury protection (PIP) coverage which will pay for medical bills and lost income regardless of who was at fault.
Statute of Limitations for Hit-and-Run Claims
In Texas, the statute of limitations for most car accidents is two years from the date of the accident. This means hit-and-run victims usually have a two-year window to file a personal injury claim against the at-fault driver.
Some rare exceptions like accidents involving government vehicles or minors may extend this deadline. But it’s best to act fast to avoid losing your right to compensation.
How a Car Accident Lawyer Can Help
Dealing with the aftermath of a hit-and-run accident can be tough especially if you’re injured and have medical bills piling up. A Texas car accident lawyer can be a big help during this tough time. An experienced lawyer will:
- Investigate your hit and run accident to find the fleeing driver if possible
- Gather and preserve evidence to build your case
- Determine the full extent of your damages including future medical needs and lost earnings
- Negotiate with insurance companies to get a fair settlement
- File a personal injury lawsuit and represent you in court if necessary
- Explain your rights and options throughout the process
Don’t wait to get legal help after a hit-and-run. Most car accident lawyers offer free initial consultations and work on a contingency fee basis meaning you only pay if they win your case.
Being hit by a hit-and-run driver is a frustrating and stressful experience. But remember, you have rights and options under Texas law.
If you’ve been hit by a hit-and-run driver, contact a Houston car accident lawyer today to discuss your case. With an experienced legal team on your side, you can focus on your recovery while they take on the burden of fighting to get you justice.
How The Law Offices of Omar Khawaja Can Help
Handling matters after a hit-and-run accident can be incredibly overwhelming. Our highly experienced Houston car accident attorneys will:
- Investigate your case thoroughly
- Work with law enforcement and insurance companies
- Identify all available compensation sources
- Represent your best interests at every step
- Extensive experience in hit-and-run accident cases
- We treat every case as a priority
- You pay nothing unless we win your case
Give us a call or fill out our form today.
Client Testimonial
“After a hit-and-run accident, I was unsure where to turn. Attorney Omar not only helped me understand my rights but also secured a settlement that covered my medical bills and car repairs. Highly recommended!” — Lana