Being involved in an accident can be terrifying. Realizing that the driver responsible for your accident has suddenly fled the scene can turn a scary situation into a real-life nightmare. If the driver is never found, who will pay for your medical expenses, car damages, and lost time from work? While you’re interested in finding the “at-fault” driver to pay for damages and lost wages, the police are only interested in pursuing criminal charges against the hit and run driver. So, who is on your side?
With an Arkansas hit and run car accident lawyer on your side, there are ways you can use the law to recover the money needed to help pay for your medical bills. If you have PIP insurance, you may be able to start collecting money from your own policy until the driver who fled the scene of the accident is found. Hit and run accidents are why Uninsured Motorist Coverage exists on an auto policy. If you carry this insurance coverage, which is a good idea for everyone, it will step into the place of the wrongdoer and cover your personal injuries up to the policy limit. Uninsured Motorist Coverage is in addition to your PIP coverages, such as med pay. Reach out to our car crash attorneys to discuss your legal options.
In the state of Arkansas, drivers are required by law to remain at the scene of the accident if any injury or damages to another person or property are caused. If the damage involved is to property only, the law states that the driver must make a reasonable attempt to notify the owner of the property and report the accident. If that accident resulted in injury or damage to another vehicle, all Arkansas drivers must stop, remain at the scene, exchange information, and render reasonable aid to anyone injured.
According to the AAA Foundation for Traffic Safety, 15% of all reported accidents are hit and run accidents where the driver left the scene.
Even though it is illegal to leave the scene of a crash, drivers do so for many reasons, including:
Sadly, hit and run accidents can occur at any time and to anyone. They’re more common, however, at night when fleeing drivers are less likely to be noticed by bystanders or witnesses. They’re also extremely common when the driver hits a car that is parked, such as in parking lots or on streets. When drivers collide with a parked car, there may not be any witnesses around, especially in dark or enclosed parking garages or on side streets. Their fear of being “caught” or being held liable for damages may cause them to flee the scene of the crash. Our Arkansas attorneys can help you investigate a hit and run accident to build a claim and secure compensation.
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There are important steps you can take after a hit and run accident to ensure that you have the best chance of recovering compensation. Failure to follow these steps could result in you being unable to receive the money you need to repair your vehicle and pay for your medical expenses after the accident.
Look around for a note that the other driver may have left for you. If you see the collision or see the driver leave the scene of the accident, take note of any details such as car make and model, license plate, unique modifications to the vehicle, etc.
If there are others around, ask them if they noticed who hit your vehicle or saw any other details about the person(s) involved. Gather their names and addresses and notes on anything they happened to witness.
Snap some pictures of the accident scene, as well as the damage to your vehicle. Be sure to notice any important evidence such as skid marks, intersections, lights, and eyewitness cars.
Call 911 as soon as you are able. The Arkansas police will need to fill out an accident report and begin looking for the hit and run driver. They may even be able to get security camera footage to help track down the “at fault” driver.
You will need to report your accident to the insurance company as soon as you are able. They will need to begin the claims process and if you have optional PIP or UM/UIM coverage, they’ll need to draw from these policies quickly to cover your injuries.
Hit and run accidents are complex. That’s why it is so important to have an experienced and skilled Arkansas hit and run accident attorney on your side throughout the process. Law enforcement officers are interested in finding the hit and run driver, but they’re not interested in making sure you are compensated. Your lawyer will be on your side, helping you deal with insurance companies and law proceedings throughout this difficult ordeal. Schedule a consultation with a trusted law firm as soon as possible.
Most personal injury claims have a strict statute of limitations that starts from the date of the crash. This deadline applies whether you already know the identity of the driver who fled the scene or you are still working to identify him or her. If you miss this window, the court could refuse to hear your case, regardless of how strong your evidence might be.
Because hit and run cases often take longer to investigate than typical crashes, waiting to contact a lawyer can shrink the time available to build a claim. Evidence such as surveillance footage, vehicle debris, and witness memories can fade quickly, sometimes within days. Our Arkansas hit and run attorneys could begin gathering and preserving this evidence early, giving your claim the best chance of holding up as the legal deadline approaches.
If your claim involves an uninsured motorist policy rather than a lawsuit against an individual driver, your insurance contract may set its own notice deadlines separate from the standard statute. Reviewing your policy soon after the crash could help you avoid missing a contractual deadline that has nothing to do with the courthouse.
Many hit and run cases are never solved. When police cannot identify the driver who caused your crash, you are not without options for recovering compensation.
If you carry Uninsured Motorist Coverage, this portion of your own policy could step in and pay for your injuries as though the unidentified driver carried liability insurance. Because state law generally presumes an unidentified hit and run driver was uninsured, this coverage becomes especially valuable when a driver is never found. Personal Injury Protection, commonly called PIP, could also help pay initial medical bills regardless of fault while the search for the driver continues.
Filing an uninsured motorist claim after an unidentified hit and run typically requires you to show that a phantom vehicle actually caused the collision. Police reports, dashcam footage, damage patterns on your vehicle, and witness statements can all help establish that another driver was involved and immediately left. Our attorneys could help you gather this proof and present a clear claim to your insurance carrier, even when the responsible driver is never located.
Your case does not end simply because law enforcement closes its investigation. Insurance companies sometimes resist paying uninsured motorist claims involving unidentified drivers, and having an Arkansas lawyer negotiate on your behalf could make a meaningful difference in the outcome.
Arkansas law treats leaving the scene of an accident as a criminal offense, separate from any civil claim you may bring for your injuries. Under Arkansas Code Annotated § 27-53-102, a driver who flees after causing damage may face a Class B misdemeanor if the damage is under one thousand dollars, a Class A misdemeanor if the damage falls between one thousand and ten thousand dollars, or a Class D felony if the damage reaches ten thousand dollars or more.
The penalties increase substantially when someone is hurt. Under Ark. Code Ann. § 27-53-101, a driver who fails to stop after an accident causing physical injury is guilty of a Class D felony upon conviction, punishable by years in prison and thousands of dollars in fines. When a crash results in serious physical injury or death and the driver knowingly or recklessly fled the scene, the charge rises to a Class B felony, and the state will revoke the driver’s license upon conviction.
These criminal penalties are meant to punish the driver and deter future violations, but they do not put money in your pocket to cover medical bills, lost wages, or vehicle repairs. A criminal conviction can, however, serve as powerful evidence of fault in your separate civil claim. Our Arkansas attorneys could monitor the criminal case alongside your hit and run car accident claim and use any available findings to strengthen your pursuit of fair compensation.
Being involved in a hit and run accident can be a terrifying ordeal. When this occurs, you need an experienced and compassionate Arkansas hit and run car accident lawyer on your side.
From the moment you are injured, your lawyer can help protect your rights to compensation and ensure that you are not taken advantage of during this difficult time. Our attorneys are skilled at navigating the complex processes and policies that are involved when claiming your money after a hit and run auto accident.
With offices throughout Arkansas – Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro – our personal injury lawyers are easily accessible when you need help.
Call us today at (501) 868-2500 for a free consultation!
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