Hit-and-Run in Dallas: Your Legal Options When the Other Driver Leaves the Scene
When you are dealing with the aftermath of a hit-and-run accident in Dallas, it can be hard to know where to turn. Not only are you facing expensive car repairs and medical bills, but it might feel like you are out of options since the other driver is gone.
Rest assured knowing that there might still be ways to recover a settlement for your accident. The most important thing that you can do is consult with an experienced accident attorney to understand your legal rights.
Next Steps: What to Do If a Hit-and-Run Driver Flees in Texas
The things that you do immediately after the accident will affect the longer-term outcome. Follow this checklist to make sure that nothing gets overlooked during this important time:
- Call 911: Getting medical care is your highest priority. As soon as an accident occurs, you should always call 911 to notify first responders that they are needed. Not only do you need to prioritize your health during this critical situation, but the paramedics’ report can also be helpful for documenting your injuries. Even if your injuries seem small, always seek medical care.
- File a Police Report: Make sure that a police report is filed. The police will ask questions about what happened. Share as much information as possible about the driver who fled the scene, including the color of the car, a partial plate, and the direction they were traveling.
- Gather Evidence: It might be possible to collect evidence from nearby businesses with security videos. Keep in mind that security footage is often overwritten after a certain period of time, which is why this evidence needs to be collected right away.
- Photograph the Scene: If you are able to move around, take photos and videos of the accident scene. Also document your injuries and damage to your vehicle.
- Eyewitnesses: Collect information from any witnesses who saw the accident. They will provide information for the police report, and our legal team might need to follow up with them for more details.
- Write Down Your Experience: The memories can fade over time, so it is essential to document what you remember. As soon as you are able, write down as many details as possible. Another option is to use a voice recording to document what you remember. Provide this information to your lawyer, but don’t send it to the other parties or insurance providers without consulting your own legal representative first.
- Call an Accident Attorney: The most important thing that you can do after a hit-and-run accident in Dallas is to hire an accident attorney as soon as possible. You deserve legal representation every step of the way. Our team at Mignucci Law is here to help.
In the state of Texas, a pedestrian accident is treated in the same way as any other type of car accident. The same fault rules apply, as well as a statute of limitations of two years. Hiring an accident attorney is the best way to make sure that you don’t miss out on available compensation.
Texas Hit-and-Run Laws: What You Need to Know
According to Texas hit-and-run laws, drivers are always required to stop when they are involved in any type of accident. All drivers involved have the legal obligation to share information and help anyone on the scene who is hurt.
If a driver leaves the scene where a serious injury or death occurred, then they could be facing felony charges. On the other hand, if it is a minor accident and only property damage occurred, then it is usually classified as a misdemeanor.
The most important thing that you need to understand is that the criminal case is separate from your civil claim. If the driver is identified and the state pursues a criminal case, it doesn’t mean that you will receive a settlement. Instead, you will need to work with a car accident attorney for a separate case to pay your bills relating to the accident.
It’s Possible to File a Claim, Even if the Driver is Never Identified
Never assume that no settlement recovery is available if the driver is never found. There are other legal avenues that you might pursue, such as filing a claim under your own uninsured motorist (UM) coverage. Depending on the coverage that you have through your own insurance policy, there might be options to pay for injuries and even vehicle damage.
Most UM policies cover medical bills, lost wages, and pain and suffering (up to your coverage limits). But there might be a deductible involved if you use the coverage for property damage.
Our legal team can help you navigate this process. For example, some types of UM coverage require physical contact or an independent witness for a hit-and-run claim.
In the situation where the police are able to identify the driver, you can choose to pursue the person directly or go through their insurance provider.
Helpful Tips for Filing an Uninsured Motorist Claim
Even though your UM coverage is coming through your own insurance policy, the insurance company is working to minimize its out-of-pocket costs. So, be careful about what you say and the information that you provide to the insurance adjuster.
Consult with your attorney first. When talking with the insurance carrier, it’s best to stick with basic facts. Never guess about the details of the accident or share details that you don’t know.
Frequently Asked Questions
Does insurance go up if you're a hit-and-run victim?
Can I still file a claim if the driver fled the scene?
Is hit-and-run a felony in Texas?
How long do I have to sue after a hit-and-run in Texas?
Hurt in a Hit-and-Run in Dallas?
If you or a loved one has been injured in a hit-and-run accident in Dallas, then it’s essential to talk to an attorney as soon as possible. Our team at Mignucci Law is here to help every step of the way so that you understand your options.
Contact us for a free, no-obligation consultation. Mignucci Law is here to provide the legal representation that you deserve.