Gastonia Hit And Run Accident Lawyer

Hit And Run Accident Attorney in Gastonia, NC

A Skilled Gastonia hit-and-run accident lawyer can assist an injured victim in seeking compensation when another driver is at fault in a collision but departs before providing personal information or proof of insurance coverage. Hit-and-run collisions can happen anywhere from busy streets like Franklin Boulevard, U. S. 321, New Hope Road, and I-85 to parking lots and neighborhoods all over Gastonia.

If the at-fault driver does not stay at the scene, then identifying potential insurance coverage and preserving evidence may be of heightened importance to a hit-and-run accident claim.

Hire a Hit-and-Run Accident Lawyer

Roberts Law Firm, P.A. has served clients throughout the Carolinas for over four decades. Our attorneys handle personal injury and North Carolina workers’ compensation claims, including those of drivers, passengers, pedestrians, and others harmed in hit-and-run accidents. We offer free consultations, and personal injury claims are financed on a contingency fee basis. You do not owe legal fees unless our lawyers recover compensation on your behalf.

North Carolina Hit-and-Run Accident Laws

Drivers who collide with another vehicle or object in North Carolina are required to stop as set forth in N.C.G.S. § 20-166. If the driver knows or should know that the crash resulted in serious injury or death to another person, then he or she must stop at the scene of the crash and typically remain there until the police have completed their investigation or released the driver from the scene.

Furthermore, the driver is required to stop when he or she knows or has reason to know that the crash resulted in injury. Drivers must provide their name, address, driver’s license number, and vehicle license number and shall render reasonable assistance to the injured person. Reasonable assistance includes calling an ambulance, doctor, or hospital when it is requested or necessary.

Fleeing the scene after causing severe injury or fatality carries the risk of substantial criminal repercussions. Leaving the scene of a crash that causes serious bodily injury or death and willfully violating the law can result in a felony charge.

These criminal charges are typically separate from the victim’s right to file a civil personal injury claim. Criminal charges seek to punish the driver for breaking North Carolina law. In contrast, a civil claim allows injured victims to pursue damages related to their injuries.

What to Do After a Hit-and-Run Accident

Safety considerations and medical needs are the priority after a collision. Reporting the accident to law enforcement is also advised when safe to do so. Reporting the accident provides documentation that the crash occurred and allows the police to investigate the vehicle that fled the scene.

Information about the car that caused the crash can help in pinpointing the driver and establishing blame. Attempting to note the vehicle make, model, color, tag number or partial tag number, direction of travel, and damage to the vehicle can help when pursuing a claim.

Contact information for witnesses is also important. Neighbors, nearby businesses, and intersections may have video surveillance that captured the collision or the offending vehicle. However, waiting too long to file a claim can prevent recovery of this evidence, as many surveillance cameras automatically overwrite old footage.

You shouldn’t try to follow a car that’s driving off, unless a police officer has given you permission to do so. Doing so can endanger others on the road and even cause a second collision.

How Hit-and-Run Drivers Are Identified

Police investigators can use many tools to identify a hit-and-run driver. A witness may recall part of the license plate or provide a general description of the vehicle. Vehicle debris or other parts left at the scene of a crash can also help determine the make and model of the vehicle that fled.

Video footage can be an important source of evidence as well. Investigators can work to obtain video from nearby businesses or even dashcams. After finding the vehicle, other investigative techniques can identify the owner and operator of the vehicle. Once the driver is located, the injured party can seek insurance coverage and potentially file a personal injury claim.

When the Hit-and-Run Driver Can’t Be Found

In 2023, 10% of all traffic accidents were hit-and-run in North Carolina. Additionally, 20% of all accidents involving bicyclists and pedestrians were hit-and-run. If police are unable to locate the driver who fled the scene, it does not mean that compensation is unavailable. Uninsured motorist coverage expressly includes protection for injuries caused by hit-and-run vehicles.

North Carolina car insurance policies are typically required to include uninsured motorist coverage as outlined in the statute. Uninsured motorist coverage can be critical if the liable driver cannot be identified.

An injured victim in a hit-and-run accident may want to carefully review their own auto insurance policy instead of waiting for law enforcement to identify the responsible driver. The amount and limits of coverage depend on each policy and the circumstances of the crash.

Damages Available After a Hit-and-Run

The nature and extent of damages depend on the specific losses incurred by the victim. Economic damages include:

• Ambulance services
• Hospital stays
• Diagnostic testing
• Surgeries
• Medications
• Physical therapy
• Property damage
• Lost wages
• Loss of earning potential

Claims can also include damages for physical pain and suffering. When injuries are significant, it can be important to assess long-term damages. Settling a claim too early may not allow for a full understanding of the long-term medical needs and extent of impairment caused by the injuries.

When the Found Driver Doesn’t Have Insurance

Just because the offending driver can be located does not mean they have insurance coverage. Hit-and-run drivers can be uninsured or underinsured. Underinsured means that they either do not have liability insurance or their liability limits are too low to cover the injuries they have caused.

North Carolina provides uninsured and underinsured motorist coverage through its motor vehicle insurance statutes. Uninsured and underinsured motorist coverage may help provide compensation when the liable driver either does not have insurance or does not have enough insurance. Multiple insurance policies could provide coverage in some situations. Reviewing all available policies can help identify what insurance covers what damages.

Insurance Company Denials

Insurance companies have the right to investigate a claim to determine if the crash is covered under the terms of the policy and North Carolina law. Insurance companies can deny claims by arguing about the facts of the accident. This includes disputing where the accident occurred, if the accident was reported in a timely manner as required by the policy, what injuries were suffered, and how much damage was caused.

Insurance companies have also been known to review medical records and the timing of treatment to determine if an injury was the result of the crash. Obtain and preserve evidence from the scene of the crash and continue with all medical treatment to help establish your claim.

An insurance company’s denial of a claim does not mean that the policy does not apply. The insurance policy, North Carolina insurance laws, and facts of the case should all be reviewed.

FAQs

Is It Worth Filing a Claim for a Hit-and-Run?

It may be worth filing a claim for compensation if a hit-and-run accident caused serious injuries, significant medical bills, lost income, or other losses. Even if the driver who caused the accident cannot be identified, uninsured motorist coverage may apply to qualifying hit-and-run crashes in North Carolina. Whether you file a civil claim or insurance claim depends on many factors, including available coverage limits, the extent of your losses, and evidence that proves who is liable.

What Is the Punishment for Hit-and-Run in NC?

The punishment for hit-and-run in NC depends on the facts of your case. The law states that failing to stop after a crash that resulted in injury to another person is typically a Class H felony. Leaving the scene of a crash that resulted in serious bodily injury or death can also be a Class F felony. Other hit-and-run offenses may be punishable as misdemeanors.

What Evidence Is Needed in a Hit-and-Run Case?

Evidence that is needed in a hit-and-run case may include police reports, eyewitness accounts, proof of damage, medical bills, dashcam footage, and surveillance camera footage. Provide the police with as much information as possible to help locate the other driver. Even a partial license plate number or description of the vehicle can help them track down the person who hit you.

Can Leaving the Scene of the Accident Result in Punitive Damages?

Leaving the scene of the accident may result in punitive damages. Punitive damages are not guaranteed simply because a driver leaves the scene of an accident. Under North Carolina law, punitive damages are typically only awarded when the defendant has already been found liable for compensatory damages and the plaintiff proves that fraud, malice, or willful or wanton conduct occurred.

Gastonia, NC Related Hit-and-Run Accident Resources:

• Gastonia Car Accident Statistics
• North Carolina Car Accident Statute of Limitations
• North Carolina Car Accident Laws – All You Need to Know

Gastonia Hit-and-Run Accident Lawyer

If you are in a car accident and the other driver fled the scene, hire a hit-and-run accident lawyer right away. A Gastonia hit-and-run accident attorney at Roberts Law Firm, P.A., can help you understand your legal options. Contact us today for a free consultation.