Perhaps the only thing worse than being in a car accident is when the other driver hits you and runs — drives — off. They have injured you, damaged your car, and left you with no way to be compensated for those damages. Or have they? When you have been a victim in a hit and run, hiring a hit and run accident lawyer may allow you to seek the compensation you are entitled to under the law. However, you cannot wait. Missouri law puts a deadline on your ability to file a claim, and it takes time to locate the offending driver, so you will need to act quickly to allow enough time and avoid your claim being barred. If you would like to speak with one of our hit and run accident attorneys at Steelman Gaunt Crowley, call (573) 341-8336 to schedule a consultation. We may be able to review your case and offer guidance regarding your rights and the next steps for you to take.
What Is a Hit and Run Accident?
A hit and run accident is much like other car accidents. The main difference is that one (or rarely, both) driver flees the scene of the accident. Most of the time, the driver who leaves is the one who caused the accident, but fleeing the scene does not automatically mean they are liable. If the other driver is liable, victims can file a claim with their own insurance to recoup their damages, but to file a claim with the other driver’s insurance, they must first locate that driver. A hit and run lawyer may be able to assist with that.
Why Do Some Drivers Hit and Run?
Most drivers are responsible, law-abiding people who will immediately stop and do what is required by law when they have been in an accident, even when they know they are at fault and will have to suffer the financial consequences. Other drivers do not, opting instead to drive away quickly and hope that they get away with it. They may flee for many reasons, including having no insurance, having previous accidents or tickets, having active arrest warrants, being intoxicated, driving while distracted, being a scared new teenage driver, or pure panic and reacting without thinking. Whatever their reason, leaving the scene of an accident is unlikely to make matters better, especially since there can be significant legal ramifications for doing so.
The Legal Ramifications of Fleeing the Scene of an Accident
Per RSMo. § 577.060, it is illegal to leave the scene of an accident without providing information to either the other party in the accident or to law enforcement. This information includes the driver’s name, address, driver’s license number, and registration or license number for the vehicle. In general, this is a Class A misdemeanor.
However, leaving the scene becomes a Class E felony if there was physical injury caused to another person in the accident, if the damage to the vehicle or other property is more than $1,000, or the driver was previously found guilty of a hit and run. If the accident caused someone’s death, the fleeing driver faces Class D felony charges for leaving the scene. Class E felonies are punishable by as many as four years in prison, while Class D felonies can carry a penalty of as many as seven years in prison.
What Is a Hit and Run Accident Lawyer?
A hit and run accident lawyer is a personal injury attorney who specializes in or focuses on hit and run accidents. Their experience and knowledge of these types of accidents allows them to provide legal guidance and support unique to the specific needs of hit and run victims.
Some of the things a hit and run attorney may be able to assist with include:
- Investigating the hit and run
- Evaluating evidence
- Determining if anyone else contributed to the accident and may be financially responsible
- Identifying all the options for financial recovery
- Preparing and submitting claims
- Handling settlement negotiations
- Filing a lawsuit in court, if necessary
While these may seem like tasks that any car accident lawyer can handle, they present unique challenges when the accident is a hit and run. For example, there may be limited evidence and limited information about what happened because the other driver left the scene. However, a hit and run accident lawyer is skilled at using what information and evidence is available to try to locate the offending driver and file a claim against them.
Potential Hit and Run Accident Injuries
Injuries in a hit and run accident tend to be the same as those in other car accidents. The most common injuries include:
- Whiplash
- Neck injuries
- Back injuries
- Paralysis
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries (TBI)
- Concussions
- Soft tissue injuries
- Amputations
- Nerve damage
- Burns
- Wrongful death
While the injuries are similar to those of other car accidents, the problem is that without the other driver’s insurance information, the victim will have to pay for their own injuries. Some drivers may have medical payments (MedPay) coverage as part of their own policy, which may cover their medical expenses up to the coverage limits. However, MedPay will not compensate victims for any of the other damages that they sustained in the accident. This is why a hit and run accident lawyer may be vital, as they can assist victims in finding the responsible driver and holding them financially accountable so that the victim does not have to suffer the financial consequences of an accident that was not their fault.
Recoverable Damages in a Hit and Run Accident
Like injuries, the damages an individual can recover in a hit and run accident are the same as those in other car accidents. Again, the issue with these damages is that unless the other driver can be located and proven to be at fault, the victim may be responsible for covering these damages themselves.
Economic Vs. Non-Economic Damages
RSMo § 538.205 defines both economic and non-economic damages in Missouri. Economic damages are defined as those arising from pecuniary harm. Pecuniary harm means financial or monetary losses due to an injury or wrongdoing. These damages are directly quantifiable, measured in dollars and cents. They are tangible losses, with bills, receipts, and other evidence to prove both the loss and the specific amount of said loss.
Non-economic damages are those that arise from non-pecuniary harm. This means that these losses do not have a direct monetary value. They are measured in dollars and cents for compensation purposes, but these losses are subjective damages such as emotional distress and pain and suffering. This subjectivity means that while one person may have extreme emotional distress, another may feel only mild distress or none at all. As a result, these damages are harder to calculate. However, they are just as important as economic damages, as they acknowledge the full impact that the injury has had on the victim.
Economic Damages
Economic damages are the tangible losses an individual suffers after being in a hit and run accident. These damages include, but may not be limited to:
- Past and future medical expenses related to the accident
- Lost wages and income
- Rehabilitation or specialized care expenses
- Property damage
- Funeral expenses when a death occurred
Because these are tangible, easily quantifiable damages, those injured in a hit and run accident will need to keep invoices, bills, receipts, paystubs, tax returns, and other documentation that shows the cost incurred in order to recover these damages. A hit and run accident lawyer at Steelman Gaunt Crowley can assist with gathering and retaining these documents.
Non-Economic Damages
Non-economic damages are intangible losses. Because there are few, if any, bills or other documentation to support these damages, the courts consider factors such as the severity of the injuries, duration of pain and suffering, and the overall impact the injuries have had on the injured individual’s life. These damages include, but may not be limited to:
- Pain and suffering
- Loss of consortium
- Inconvenience
- Mental anguish
- Emotional distress
- Physical impairment
- Disfigurement
- Loss of capacity to enjoy life
Are Punitive Damages Economic or Non-Economic?
Punitive damages are neither economic nor non-economic. Instead, they are separate damages meant to deter or punish malicious behavior or behavior that caused the victim’s injuries. These damages are not awarded in every car accident, even if the accident is a hit and run. Punitive damages may be awarded if the at-fault driver’s behavior was intentional or extremely negligent or reckless.
How to Recover Damages in a Hit and Run Accident
In hit and run accidents, it can be more difficult to recover damages because the other driver drove away, but it is not impossible. If the other driver can be located, and can be proven to be at fault for the accident, it is still possible to recover damages from them. There are also other options for recovering damages.
Uninsured Motorist Coverage
If the injured individual’s automobile insurance includes uninsured motorist coverage, they can file a claim against that coverage. If the damages exceed the coverage the individual has, the insurance will only pay up to the coverage limits. Additionally, uninsured motorist coverage pays for bodily injury and property damage, but usually does not pay for non-economic damages such as pain and suffering and loss of enjoyment of life.
Third-Party Liability
While one driver fled the scene of the accident, there may have been a third party that contributed to the accident who can be held financially responsible. This means other motorists, truck drivers, motorcyclists, bicyclists, pedestrians, vehicle manufacturers, government agencies, or employers may be financially liable if they contributed to the accident. They will not be held liable for all of the injured individual’s damages, but they can be responsible for damages up to the degree of fault assigned to them for the accident. This can help the injured party recover some of their damages. Individuals may want to seek the assistance of a hit and run accident lawyer to locate and prove a third party’s liability.
File a Claim Against the Other Driver’s Insurance
If the driver who fled the accident scene is later located, the injured individual can file a claim against their insurance. The circumstances of a hit and run accident complicate this claim, as the driver is likely to deny being at fault and may even deny being near the scene of the accident at all. However, a skilled hit and run accident lawyer may be able to assist in locating evidence that can prove the driver was present and liable for the accident. In this case, the injured individual may be able to recover all of their damages from the other driver’s insurance.
File a lawsuit Against the Other Driver
If the other driver is located, and does not have insurance, is underinsured, or their insurance does not offer a fair settlement, the victim can file a lawsuit against them to recover damages. There are several complexities to filing such a suit, including the possibility that the other driver does not have sufficient assets to pay any judgment against them. Individuals considering a lawsuit against a driver who fled the scene may want to consult with a hit and run accident lawyer to learn more about the advantages and disadvantages of doing so.
How to Improve the Chances of Finding the Other Driver
The biggest obstacle in a hit and run accident is identifying and locating the other driver. If the injured individual or any other witnesses to the accident did not get any details about the other driver or their vehicle, it can be extremely difficult to find the offender. Unfortunately, hit and run accidents often happen so quickly and are so shocking to the victim that they may not realize what has happened before the other driver has fled and is out of sight.
Hit and run victims can improve the chances of finding the other driver with the following steps:
- Try to Remain Calm: In the moment when the accident happens, victims should try to remain calm so they can notice details.
- Look for and Try to Remember Details: Ideally, the victim would be able to get the other vehicle’s license plate number. If they cannot, other details to try to remember include the make, model, and color of the vehicle, any damage or other identifying features of the vehicle (such as large dents, rust, broken windows, etc.), or a description of the driver. The victim should write down any details they manage to get so they are not forgotten later.
- Ask Witnesses: If there are any witnesses to the accident, ask them for any details about the other driver or their vehicle that the witness may have noticed. Write down any information they can provide, as well as their contact information so they can be contacted if a claim or lawsuit is filed later.
- Look for Cameras: Security cameras, doorbell cameras, and dash cams are everywhere today. Car accident victims or their hit and run accident attorney can check with stores, residences, and parked vehicles near the accident scene to find out if they have cameras and if they do, if they captured footage of the accident and the fleeing vehicle.
If their injuries are not severe, or if they have delayed injury symptoms and do not yet realize they are injured, many individuals may be tempted to chase after the hit and run driver in order to get identifying information. This is something that they should not do. A hit and run driver may speed or break other traffic laws in their attempt to get away and not get caught for the accident, which means that the victim may then break traffic laws trying to chase them. This not only puts the victim in potential legal trouble, but also significantly increases the chances of more accidents occuring, potentially with even more severe injuries. The best thing car accident victims can do is stay put and wait for law enforcement to arrive and provide assistance.
Statute of Limitations and Why You Need to Take Quick Action
Because of the difficulty with identifying and locating the other driver, quick action is necessary after a hit and run accident. Missouri’s statute of limitations for car accidents is five years, per RSMo § 516.120. While five years may seem like more than enough time to identify and locate the driver, negotiate with their insurance, and ultimately file a lawsuit if necessary, this time can pass more quickly than expected. If an individual does not file their lawsuit before the statute of limitations expires, their claim may be permanently barred and they will be unable to receive compensation.
If someone died in the accident and the family wants to file a wrongful death lawsuit, the statute of limitations is only three years, per RSMo § 537.100. The family may want to consult with a hit and run accident lawyer before filing their lawsuit, as RSMo § 537.080 provides that only one wrongful death claim can be brought for the deceased individual and stipulates who may file such a claim.
FAQ
1. What is a “hit‑and‑run” accident?
A hit‑and‑run accident happens when another driver causes a crash and then flees the scene instead of stopping to exchange information or render aid. The fleeing driver may or may not have been at fault — but leaving the scene complicates recovery of damages.
2. Why do some drivers flee after a crash?
Drivers who flee often do so because they are uninsured, unlicensed, intoxicated, have outstanding warrants or prior violations, fear criminal charges, panic, or simply act without thinking.
3. What kinds of injuries and damages can result from a hit‑and‑run?
Victims of hit‑and‑run accidents may suffer any of the injuries
common to car crashes, including whiplash, neck/back injuries, spinal or nerve damage, broken bones, traumatic brain injury, soft‑tissue injuries, and — in severe cases — paralysis or death. Victims may also face substantial property damage, medical bills, lost income, and emotional/human‑impact damages (pain and suffering, loss of enjoyment of life, etc.).
4. What kinds of compensation can a victim of a hit‑and‑run recover?
Damages may include:
- Economic damages: Past and future medical expenses; car repair or replacement; lost wages and income; rehabilitation, care, or therapy costs; funeral expenses (in wrongful‑death situations), etc.
- Non‑economic damages: Pain and suffering; emotional distress; loss of enjoyment of life; physical impairment or disfigurement; mental anguish; loss of consortium or relationships; lifestyle changes.
- Possibly punitive damages, but only when the at-fault driver’s actions were especially reckless, intentional, or grossly negligent.
5. What obstacles does a hit‑and‑run victim face in seeking compensation?
Because the at‑fault driver fled the scene, victims may lack crucial information (driver identity, insurance details). Evidence may be limited or deteriorate quickly — license plates, vehicle descriptions, dash‑cam or security‑cam footage, witness statements, nearby camera footage, etc. Without identifying the driver, filing a claim against them (or their insurer) may be difficult.
How a Hit and Run Accident Lawyer Can Assist You
Missouri does not require individuals to hire a hit and run accident attorney to file a claim against a hit and run driver. However, there are many potential benefits to hiring one, including the assistance the attorney may provide in identifying and locating the driver. They may also be able to assist with finding, collecting, and storing evidence, interviewing witnesses to the accident, negotiating with the insurance company for a fair settlement, and representing you in court if a lawsuit is necessary. If you would like to discuss your case with a hit and run accident lawyer with Steelman Gaunt Crowley, you can schedule a consultation by calling (573) 341-8336.