Leaving the scene of a car accident is a crime. If you were injured in a hit-and-run accident, it may be wise to seek legal help as soon as possible. A personal injury attorney can begin an investigation immediately and work with law enforcement to help identify the offending driver.
Although these cases can be challenging to navigate, you may still have options to seek compensation. A Memphis hit and run accident lawyer at Corey Watson Attorneys is ready to take on your case. We can determine who is liable for your losses and pursue the compensation you need to pay for your medical bills, lost wages, pain and suffering, and more.
What Does A Memphis Hit-And-Run Accident Lawyer Do?
Recovering compensation after a hit-and-run accident can be complex. To help you in your pursuit of compensation, your Memphis car accident attorney can:
- Investigate the accident and recover forensic evidence
- Take photographs of the accident scene
- Obtain surveillance video from nearby homes or businesses, if available
- Talk to eyewitnesses
- Cooperate with police to help identify and track down the offender
- Work to prove the driver in question is liable for your injuries and losses
- Work with accident reconstructionists, medical specialists, and other potential expert witnesses
- Identify and calculate your damages
- Negotiate with insurance companies for a fair settlement
- Take your case to court if we cannot reach a settlement
Identifying and tracking down the at-fault driver is key to collecting compensation with minimal hassle. Leaving the scene of an accident causing injury or death may be punishable by steep fines and possible jail time, per TN Code § 55-10-101.
Unfortunately, the threat of punitive action doesn’t stop some people from fleeing accident scenes when motivated to do so. They may want to avoid an encounter with law enforcement because they are guilty of drunk driving or possessing illicit drugs or weapons.
For all these reasons, finding the at-fault driver may be an uphill battle, and you may want to secure all the professional help you can get to ensure they are located and brought to justice.
For a free legal consultation with a hit and run accidents lawyer serving Memphis, call 877-562-0000
Recoverable Damages In A Memphis Hit And Run Car Accident
You may be able to recover a financial award for your injuries and other losses you sustained in a hit-and-run accident, including:
- Past and future medical costs
- Lost wages due to missing work
- Diminished earning capacity
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Lost enjoyment or quality of life
- Property damage
If your Memphis hit and run accident attorney can prove that the hit-and-run driver who fled the scene acted “maliciously, intentionally… or recklessly” (TN Code § 29-39-104), you may also qualify to receive punitive damages. In rare cases, a court may award these damages in addition to the above-listed compensatory damages to punish the defendant for egregious behavior.
Memphis Hit and Run Accident Lawyer Near Me 877-562-0000
Options For Insurance Compensation In A Memphis Hit-And-Run Accident
In no-fault states, injured car accident victims can seek compensation from their own insurance companies, regardless of who is at fault. However, in at-fault states like Tennessee, the first option for seeking compensation is typically the at-fault driver’s insurance policy. Unfortunately, this means accident victims may be unsure where to turn for help after a hit-and-run.
Law enforcement and attorneys commonly rely on forensic evidence and public appeals to determine the identity of hit-and-run drivers. For example, talking to eyewitnesses and finding video footage could help. Police might also post about the case on social media or notify the local news to solicit tips from potential informants.
Nevertheless, these valiant efforts are sometimes unsuccessful, and the driver avoids being held financially and personally accountable for their actions.
Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist insurance is optional in Tennessee. However, it can be very valuable, as it will pay for expenses after an accident with an uninsured, underinsured, or unidentified driver. If you have uninsured/underinsured motorist coverage, we can help you seek compensation from your insurance company after the hit-and-run crash.
Despite the hurdles you might face, you should not assume you have no options for compensation after a hit-and-run accident. Your Memphis hit-and-run accident attorney can ensure you’ve explored all your options and leave no stone unturned.
Proving Fault In A Memphis Hit-And-Run Accident
If law enforcement identifies the at-fault driver, you can file an insurance claim or lawsuit based on negligence. To be successful in your claim, you and your Memphis hit and run attorney must establish the following legal elements:
Duty Of Care
The driver owed you a duty of care to drive cautiously and avoid harming others. They were also legally obligated to remain at the accident scene, call the police, exchange information, and ensure you received emergency medical help if needed.
Breach Of Duty
A breach of duty is the failure to fulfill a legal obligation to avoid harming others. The driver, in your case, breached their duty of care by causing an accident and leaving the scene. For example, the accident may have resulted from a traffic violation, such as speeding or running a red light.
The driver’s breach of duty proximately caused the accident and your injuries.
The driver’s breach resulted in quantifiable losses. In other words, your injuries led to damages such as medical bills, lost wages, and pain and suffering.
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Start Working With A Memphis Hit And Run Accident Lawyer Today
The statute of limitations for a personal injury lawsuit in Tennessee is just one year, per TN Code § 28-3-104. Failure to file a lawsuit before this deadline may result in the court immediately dismissing your case, leaving you unable to sue for damages. One year is not very long, so we advise you to seek legal counsel as soon as possible to ensure you don’t lose your right to compensation.
If you’ve been injured in a hit-and-run accident, contact Corey Watson Attorneys today to schedule a free consultation. We will see your case through from beginning to end and keep you updated throughout. We are available by phone or email and will respond promptly to all of your inquiries. We pledge to go the extra mile to ensure we handle your case effectively, so you can focus on your recovery.