Every year millions of people are injured or killed in motor vehicle-related accidents. In the majority of these cases, the parties involved are clearly identifiable and responsibility can be attributed.  Unfortunately, there is also a rise in the number of hit-and-run accidents occurring on the nation’s roads. According to data from the National Highway Traffic Safety Administration (NHTSA), the number of fatalities in hit-and-run crashes was up 26% in 2020 compared to the previous year.

If you have been injured in a car accident and would like further information regarding your rights and eligibility for compensation, it is advisable to speak to an experienced legal professional by searching for an ‘accident lawyer near me’. In this article, we will look at the legal aspects of hit-and-run accidents, enabling victims of such incidents to seek justice with greater clarity and confidence.

What is a Hit-and-Run?

A hit-and-run accident refers to a motor vehicle accident where the responsible party flees the scene without stopping to exchange information or provide identification. This makes it difficult for the authorities to hold individuals responsible for their actions and to process insurance claims effectively.

Hit-and-run laws require parties involved in an accident to remain at the scene and identify themselves to the police or other motorists irrespective of their fault or the severity of the accident.

Penalties for a Hit-and-Run

Hit-and-run accidents can give rise to both civil and criminal consequences under the law. While criminal proceedings may vary depending on the state in which the incident occurred, hit-and-run accidents are typically categorized as misdemeanors or felonies. The former charge can result in a fine of up to $1,000 or a six-month jail sentence.  A felony charge can carry more severe penalties of several years in prison and fines in the thousands of dollars.

Alongside a criminal charge, a hit-and-run accident can also lead to civil action. This is the case when the injured party files a claim against the party responsible for the accident, seeking compensation for their losses and harm suffered. The damages that can potentially be awarded will generally be for matters such as the following:

• Past and future medical costs
• Loss of income 
• Damage to property
• Emotional distress
• Physical pain and suffering
• Loss of enjoyment of life

In addition to these amounts, courts may also award injured parties further punitive damages which are intended to punish the at-fault party for their actions and to deter them and others from carrying out such reckless or egregious behavior in the future. 

Due to the dangerous nature of hit-and-run accidents, a court may also triple the amount of damages awarded to the claimant. This is referred to as ‘treble damages’ and is designed to further compensate the claimant for their injury and losses while also acting to punish the other party for their actions and discourage them and the public from engaging in such illegal activities.

For further information regarding the legalities of a hit-and-run accident and the possibility of filing a civil claim or bringing criminal charges, it is advisable to consult an experienced car accident lawyer who can help you understand your rights and options.