If you’ve been injured in a hit-and-run crash, you may believe that there is nothing you can do to get compensation for your injuries unless the other driver is caught. However, that’s simply not true. In many cases, you can still recover damages from your own insurance company. Contact the Pompano Beach hit-and-run crash lawyers at Long, Jean & Wechsler, P.A. We work on a contingency basis, so all consultations are free. Contact LJW Legal today.
Why Drivers Hit and Run
According to FLHSMV, Florida roads have over 103,000 hit-and-run accidents every year. There are several reasons why drivers fail to stop after a collision. Here are some of the most common reasons drivers flee accident scenes.
- Drunk Driving – Not only does alcohol affect judgment, but it is also grounds for incarceration. Many drivers leave the scene of a car accident to avoid being arrested for DUI.
- Driving Without a License – This is a misdemeanor crime in Florida, but it usually doesn’t lead to an in-custody arrest. However, many drivers don’t know that, so they panic and leave to avoid being taken into custody.
- Warrants – Drivers who know that they will be taken into custody for warrants often flee the scene of accidents.
Types of Hit-and-Run Crashes
Hit-and-run accidents occur for the same reasons that other types of crashes occur: excessive speed, failure to use due care, distracted driving, etc. The difference between hit-and-run crashes and similar car accidents is the driver’s decision to leave the scene. Here are some of the most common types of hit-and-run accidents.
Vehicle vs. Vehicle
This is a prevalent type of hit-and-run crash. Car vs. car crashes range from minor parked vehicle collisions in parking lots to high-speed collisions with serious injuries or fatalities.
Vehicle vs. Pedestrian
In 2021, there were over 9,500 pedestrian accidents with over 8,000 injuries or fatalities. It’s a severe form of motor vehicle accident. Vehicle vs. pedestrian accidents almost always result in serious injuries, which is why many drivers are afraid of the consequences of their actions — particularly when they know they’re at fault.
Vehicle vs. Bicycle
Motorists frequently fail to notice bicycles — particularly when opening their doors, changing lanes, or making turns. Bicycles offer no protection to cyclists, meaning they are frequently injured. In 2021, there were over 6,404 FL bicycle accidents, with 96% (6,155) resulting in injuries or death. In many cases, the driver did not stop to check on the injuries.
Proving Liability in Hit-and-Run Cases
From a civil liability standpoint, hit-and-run accidents are similar to other motor vehicle accidents. What makes them challenging is that the defendant is often unknown at the time of the claim and may never be identified.
It’s important to note that the act of leaving a scene of an accident does necessarily mean that the hit-and-run driver was at fault. In order for an accident attorney to establish liability, they will still have to prove the following four elements:
1. Duty of Care – All motorists have a responsibility to operate their vehicles in a safe manner while using the Florida roadways. They also have a duty to stop when they’ve been involved in an accident, to check on the injuries of others, and to summon help to the scene.
2. Breach of Duty – The plaintiff’s attorney will have to demonstrate that the defendant somehow breached their duty of care. For example, the defendant engaged in distracted driving or failed to yield the right of way.
3. Causation – In a hit-and-run accident, the plaintiff’s attorney will first examine any breach of duty that may have caused the accident. They can then determine whether the defendant’s leaving the accident scene enhanced the harm to their client.
4. Damages – Damages can include medical expenses, lost wages, property damage, and more. In hit-and-run accident cases, the courts may also award punitive damages to penalize the driver for their disregard for the legal requirement to remain on the scene of an accident.
In order to demonstrate that a hit-and-run driver was liable, it’s essential to identify them. In some cases, the police have solid information and can rapidly identify the driver. In other instances, it may require an independent investigator to try to locate the at-fault driver. By partnering with an established law firm like LBJ, you will have access to the full resources of our firm. In many cases, our investigators are able to locate the at-fault party.
What to Do If You’re Involved in a Hit-and-Run Crash
Unfortunately, you may not immediately recognize that you’ve been involved in a hit-and-run crash until the other driver has already left the scene. The following checklist can help you preserve evidence and avoid additional danger. This should not be construed as legal advice. For professional legal advice, contact the hit-and-run accident attorneys at Long, Jean & Wechsler, P.A. for a free consultation.
- Do Not Pursue the Fleeing Driver – There is an overwhelming temptation to try to keep visual contact with the other vehicle. Trying to follow the other driver, even at a distance, may place you in further danger.
- Memorize as Many Details About the Vehicle and Driver as Possible – You’ll want to note the color, make, and model of the vehicle. If you can see the tag, use your phone to take a picture or store the license plate number. Don’t rely on your memory for this. Also, note any damage on the other vehicle, the direction of travel, and a description of the driver.
- Call 911 – Tell the dispatcher that you were involved in a hit-and-run accident. They will then ask you a series of questions. Wait until each question is complete before answering. They will be updating responding officers with the information.
- Talk to Witnesses – If anyone stopped to check on you, ask them to remain on the scene to speak to the police. If they insist on leaving, ask for their contact information.
- Take Photos – Document the accident scene by taking pictures of your vehicle, visible injuries, geographic indicators, paint transfer on your vehicle, and debris on the ground.
- Seek Medical Attention – Allow the EMTs to examine you on scene. If they recommend that you go to the hospital, allow them to transport you or respond to the scene yourself.
- Contact a Hit-and-Run Accident Lawyer – Even if you have no idea who hit you, you are entitled to damages. Contact Long, Jean & Wechsler, P.A. to discuss your case with an attorney. If you have a viable claim, we will represent you on a contingency basis.
Benefits of Hiring a Hit-and-Run Crash Lawyer
If you’ve never worked with a personal injury lawyer before, you may be unaware of how they can assist you in your accident case. Here are a few of the benefits of hiring a hit-and-run attorney.
- Investigations and Follow-Up – The police will primarily be responsible for the crash investigation and identifying the hit-and-run driver. Your attorney can act as a liaison between you and the investigating officers. Additionally, they can launch an independent investigation to locate the driver.
- Damages Calculations – Personal injury lawyers can calculate your financial costs, pain and suffering, and any punitive damages you are likely to be able to collect.
- Negotiate with Insurance Companies – Whether you file your claim through your own insurance or the defendant’s, the insurance company is unlikely to make a full settlement offer. A personal injury attorney will present a demand letter that represents a full recovery.
- File a Lawsuit – If the insurance company will not negotiate in good faith or is not willing to agree on a fair settlement, a personal injury attorney can file a lawsuit on your behalf.
- Depose Witnesses – Your attorney can subpoena and depose all witnesses to the accident, including the officers involved and the defendant, if they become known.
- Letters of Protection – Attorneys can issue letters of protection (LOPs) to doctors, so they can provide service, knowing that they will be paid.
Hiring a Hit-and-Run Accident Attorney
If you’ve never hired a personal injury attorney before, you may not know where to start. Here are some things to look for:
- Contingency-basis Representation – When you have medical bills mounting and aren’t earning a paycheck, the last thing you need is another expense. Make sure your attorney offers free consultations and works on a contingency basis.
- Relevant Experience – Some car accident attorneys have never handled hit-and-run cases before. That’s because these cases tend to be more complicated, and there are no guaranteed payouts. Make sure that the attorney you choose has specific experience with hit-and-run accidents.
- Contingency Fee Schedule – The Florida Bar sets limits on contingency fee representation. Ask about the contingency fee schedule before committing to the law firm.
- Responsiveness – You will have questions as you proceed through the various stages of your liability claim. Make sure the attorney will be accessible to you.
At LJW Legal, our attorneys have represented hundreds of clients in car accidents and hit-and-run accident cases. We have an unparalleled record of success throughout South Florida. Contact us immediately for a free, no-obligation consultation.
Hit-and-Run FAQ
If you’ve been injured by a hit-and-run driver, you’re bound to have questions. The best way to learn more about your claim is to speak to one of our attorneys. In the meantime, here are some of the most commonly asked questions about hit-and-run car accidents in Florida.
If The Other Driver Isn’t Identified, Can I Still Make a Claim?
Yes, if you have the minimum insurance, you can recover 80% of all medical expenses up to $10,000. If you have uninsured motorist coverage, it may cover your injuries, even if the other driver is not identified. It’s also important to consider the possibility that the other driver may be identified, which may enable you to pursue further damages.
If I’m Partially At Fault for the Accident, Can I Still Make a Claim?
Yes, under Florida’s comparative fault law, you can recover damages in proportion to the other party’s liability. For instance, if the hit-and-run driver was 75% at fault and your damages were $100,000, you can recover $75,000.
Why Shouldn’t I Just Accept the Insurance Company’s Settlement Offer?
The insurance company will typically make a quick settlement offer to close out the case. However, if you accept the offer, you’ll have to sign a waiver of liability, which means that you can’t go back and ask for more if your damages turn out to be greater than the settlement amount. In most cases, a personal injury lawyer can help you realize much greater compensation, even after their fees are deducted at the end.
Hit and Run Lawyers in Broward County Florida
Contact Long, Jean & Wechsler, P.A. to discuss your hit-and-run accident. You do not have to pay out of pocket for our professional legal advice.
If you have been in a car accident in Pompano Beach, FL, and have been injured or incurred damage to your vehicle, you must seek legal advice immediately. If you have been the victim of a hit and run in Broward County, the need for an attorney is urgent.
A car accident attorney in Pompano Beach, FL will fight to get the compensation you deserve for both injuries and property damage. Don’t wait – time is of the essence when filing a legal claim, as there are statutes of limitations regarding the issue.
Hit and runs in Broward County are especially serious, as they are not just criminal matters but can also be prosecuted in civil court. Even though you may think that the criminal justice system has you covered, their job is not to seek reparations for you. You need an experienced car accident attorney in Pompano Beach on your side.
When you’ve suffered a hit-and-run accident, you need a car accident attorney in Pompano Beach, FL, right away. Contact LJW Legal today for a free case evaluation.
What to Do If You’re the Victim of a Hit and Run
If you’ve been the victim of a hit and run in Broward County, there are essential tips that you must follow to have the best grounds for a legal case.
The faster you act and the more information you have surrounding the incident, the better your chances are of winning your case.
Step One
If you are hit by a driver who is fleeing the scene, the most critical thing to do is not follow them. Instead, pull over immediately into a safe space and make sure that you are out of harm’s way.
Step Two
Contact the authorities immediately, even if you don’t see extensive damage to your car. Sometimes your car looks fine on the outside, but there may be damage that isn’t visible. To help substantiate that the damage was caused by the hit-and-run accident, a police report will significantly improve your case.
Additionally, you may be injured and not notice it. If you have been in a car accident in Pompano Beach, FL, seek medical care as soon as possible.
Step Three
The second most important thing, though just as crucial, after making sure you’re safe and that the authorities have been contacted, is to begin collecting evidence. Don’t leave this matter entirely to the discretion of law enforcement.
Take photos of your vehicle and the damage. Immediately take note of the make and model of the car that hit you, and if you can remember any of the license plate numbers. It’s common to be overwhelmed and forget these details at a later time, so writing them down as soon as possible is important.
Look for any witnesses to the accident and ask them if they can wait to speak to the police and provide a statement. Corroborating witnesses can play a huge role in determining the outcome of your case.
Step Four
Keep all documentation regarding the damage to your vehicle and medical care relating to the Broward hit and run. The police will issue you a summary on-site, and an official police report will be available to you at the station several days later. Make sure you get this official report.
When receiving medical care, keep all documentation from your doctor or the hospital, including receipts.
Step Five
As soon as you are home, contact a car accident attorney in Pompano Beach, FL. The sooner you have an aggressive legal team fighting for your case, the better. An experienced car accident attorney in Pompano Beach can help you determine the next steps and help with the paperwork and collecting of evidence and investigation into your hit-and-run accident.
Proving Liability in Hit-and-Run Cases
From a civil liability standpoint, hit-and-run accidents are similar to other motor vehicle accidents. What makes them challenging is that the defendant is often unknown at the time of the claim and may never be identified.
It’s important to note that the act of leaving a scene of an accident does necessarily mean that the hit-and-run driver was at fault. In order for an accident attorney to establish liability, they will still have to prove the following four elements:
1. Duty of Care – All motorists have a responsibility to operate their vehicles in a safe manner while using the Florida roadways. They also have a duty to stop when they’ve been involved in an accident, to check on the injuries of others, and to summon help to the scene.
2. Breach of Duty – The plaintiff’s attorney will have to demonstrate that the defendant somehow breached their duty of care. For example, the defendant engaged in distracted driving or failed to yield the right of way.
3. Causation – In a hit-and-run accident, the plaintiff’s attorney will first examine any breach of duty that may have caused the accident. They can then determine whether the defendant’s leaving the accident scene enhanced the harm to their client.
4. Damages – Damages can include medical expenses, lost wages, property damage, and more. In hit-and-run accident cases, the courts may also award punitive damages to penalize the driver for their disregard for the legal requirement to remain on the scene of an accident.
In order to demonstrate that a hit-and-run driver was liable, it’s essential to identify them. In some cases, the police have solid information and can rapidly identify the driver. In other instances, it may require an independent investigator to try to locate the at-fault driver. By partnering with an established law firm like LBJ, you will have access to the full resources of our firm. In many cases, our investigators are able to locate the at-fault party.
Benefits of Hiring a Hit-and-Run Crash Lawyer
If you’ve never worked with a personal injury lawyer before, you may be unaware of how they can assist you in your accident case. Here are a few of the benefits of hiring a hit-and-run attorney.
- Investigations and Follow-Up – The police will primarily be responsible for the crash investigation and identifying the hit-and-run driver. Your attorney can act as a liaison between you and the investigating officers. Additionally, they can launch an independent investigation to locate the driver.
- Damages Calculations – Personal injury lawyers can calculate your financial costs, pain and suffering, and any punitive damages you are likely to be able to collect.
- Negotiate with Insurance Companies – Whether you file your claim through your own insurance or the defendant’s, the insurance company is unlikely to make a full settlement offer. A personal injury attorney will present a demand letter that represents a full recovery.
- File a Lawsuit – If the insurance company will not negotiate in good faith or is not willing to agree on a fair settlement, a personal injury attorney can file a lawsuit on your behalf.
- Depose Witnesses – Your attorney can subpoena and depose all witnesses to the accident, including the officers involved and the defendant, if they become known.
- Letters of Protection – Attorneys can issue letters of protection (LOPs) to doctors, so they can provide service, knowing that they will be paid.
Hiring a Hit-and-Run Accident Attorney
If you’ve never hired a personal injury attorney before, you may not know where to start. Here are some things to look for:
- Contingency-basis Representation – When you have medical bills mounting and aren’t earning a paycheck, the last thing you need is another expense. Make sure your attorney offers free consultations and works on a contingency basis.
- Relevant Experience – Some car accident attorneys have never handled hit-and-run cases before. That’s because these cases tend to be more complicated, and there are no guaranteed payouts. Make sure that the attorney you choose has specific experience with hit-and-run accidents.
- Contingency Fee Schedule – The Florida Bar sets limits on contingency fee representation. Ask about the contingency fee schedule before committing to the law firm.
- Responsiveness – You will have questions as you proceed through the various stages of your liability claim. Make sure the attorney will be accessible to you.
At LJW Legal, our attorneys have represented hundreds of clients in car accidents and hit-and-run accident cases. We have an unparalleled record of success throughout South Florida. Contact us immediately for a free, no-obligation consultation.
Hit-and-Run FAQ
If you’ve been injured by a hit-and-run driver, you’re bound to have questions. The best way to learn more about your claim is to speak to one of our attorneys. In the meantime, here are some of the most commonly asked questions about hit-and-run car accidents in Florida.
If The Other Driver Isn’t Identified, Can I Still Make a Claim?
Yes, if you have the minimum insurance, you can recover 80% of all medical expenses up to $10,000. If you have uninsured motorist coverage, it may cover your injuries, even if the other driver is not identified. It’s also important to consider the possibility that the other driver may be identified, which may enable you to pursue further damages.
If I’m Partially At Fault for the Accident, Can I Still Make a Claim?
Yes, under Florida’s comparative fault law, you can recover damages in proportion to the other party’s liability. For instance, if the hit-and-run driver was 75% at fault and your damages were $100,000, you can recover $75,000.
Why Shouldn’t I Just Accept the Insurance Company’s Settlement Offer?
The insurance company will typically make a quick settlement offer to close out the case. However, if you accept the offer, you’ll have to sign a waiver of liability, which means that you can’t go back and ask for more if your damages turn out to be greater than the settlement amount. In most cases, a personal injury lawyer can help you realize much greater compensation, even after their fees are deducted at the end.
What If My Vehicle Was Hit When I Wasn’t There?
It’s common for drivers to strike vehicles in parking lots or parking garages and flee the scene without saying anything or leaving their information. If you find your car with damage after parking it while it was unattended, you are still able to seek the help of a car accident attorney in Pompano Beach, FL.
You still need to file a police report, which will be an integral part of your case. Make sure the time and exact location of the hit and run is noted. The police may be able to locate security footage of the parking lot if there are cameras present. LJW Legal will utilize the footage when prosecuting your hit-and-run case.
Take pictures of your car before moving it or opening any doors. It’s crucial when presenting evidence that your vehicle be seen exactly as it was hit, as this will help prove the negligence of the other driver.
Will My Car Insurance Cover Damage from a Hit and Run in Broward County?
If you have been the victim of a Broward hit and run, report the accident to your car insurance company right away. You want to notify them before the police do, showing that you are proactive. Let them know that you will be having a car accident attorney in Pompano Beach, FL looking into and addressing the matter.
The good news is that as long as you have collision insurance on your vehicle, your insurance company will cover the damage. Unfortunately, you will likely be responsible for the deductible. If you do not have collision coverage, your insurance company will not pay for any damage to your car.
Hit and run accidents are serious matters, and we don’t believe that you should have to pay a dime due to another person’s negligence. That’s why it’s essential that you hire a car accident attorney as soon as possible. LJW Legal will fight to obtain all the information and evidence possible to identify the other driver.
Once the other driver has been identified, their insurance company will be contacted and made aware of the incident. They may be instructed to cover the damage to your car as well as your deductible. Don’t wait to seek the help of an attorney until after you have paid for everything. Seek legal advice immediately.
You can file a lawsuit against the other driver if necessary.
Broward Hit-and-Run Accidents
Unfortunately, hit-and-run accidents in Broward County are somewhat common. Pompano Beach alone has more than twice the rate of hit and runs in Broward County as any other town or city. There are nearly 300 hit-and-run accidents reported in Pompano Beach annually.
Broward hit-and-run accident rates top 1,000 per year for the entire county. The best way to seek damages for a hit-and-run accident is to hire a car accident attorney in Pompano Beach, FL.
A Car Accident Attorney in Pompano Beach That Will Fight For You
LJW Legal is an experienced team of car accident attorneys in Pompano Beach, FL, that will fight for the compensation you deserve. Whether your vehicle or materials in the car have suffered damage, or you have been injured in a Broward hit and run, contact LJW Legal today.
The sooner you hire an experienced legal team, the better outcome you will have in fighting your Broward hit-and-run case.