A hit-and-run accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. In Virginia, the process of building a case after such an incident requires a clear understanding of state laws, the collection of evidence, and coordination with legal and insurance professionals.
By working with the Forbes Law Firm, you’ll receive a comprehensive overview of the steps victims can take to build a solid case after a hit-and-run accident in Hampton, Virginia.
Virginia law requires drivers involved in an accident to stop and provide their contact information, offer reasonable assistance, and report the accident if it involves injury, death, or significant property damage. Leaving the scene without fulfilling these obligations constitutes a hit-and-run offense and can result in severe penalties:
Property damage only: Leaving the scene is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
Injury: It becomes a third-degree felony, carrying up to 5 years in prison and a $5,000 fine.
Serious bodily injury: A second-degree felony with penalties of up to 15 years in prison and a $10,000 fine.
Fatality: A first-degree felony punishable by up to 30 years in prison and a $10,000 fine.
This basic understanding of Virginia hit-and-run laws will help you understand how to work with a lawyer to build your case.
After understanding the basics of hit-and-run laws in Virginia, it’s important to take prompt action to build your case after a hit-and-run accident. Taking prompt and strategic actions after a hit-and-run accident is essential for building a strong case:
Move to a safe location to prevent further accidents.
Call 911 to report the incident and request medical assistance if needed.
Document any injuries sustained, as medical records play a crucial role in establishing the extent of damages.
Virginia law mandates reporting accidents involving injury, death, or significant property damage.
Provide law enforcement with as much detail as possible about the fleeing vehicle, such as its make, model, color, license plate, and direction of travel.
Obtain a copy of the police report for future reference.
Take photographs or videos of the accident scene, including vehicle damage, debris, skid marks, and surrounding landmarks.
Record the date, time, and weather conditions.
Collect contact information from witnesses who may have observed the accident.
Inform your insurer about the hit-and-run accident and provide all relevant details.
Virginia is a no-fault insurance state, meaning your Personal Injury Protection (PIP) coverage will pay for initial medical expenses and lost wages, regardless of fault.
These steps will help you prepare for building a solid case after a hit-and-run accident.
The success of your case depends heavily on the evidence you collect. Our attorney will help you gather evidence to build your case. Key types of evidence to gather following a hit-and-run accident include:
Eyewitness testimonies: Witnesses can provide crucial information about the fleeing driver or vehicle. Obtain their names, contact details, and statements while their memory is fresh.
Surveillance footage: Nearby businesses, homes, or traffic cameras may have captured the accident or the fleeing vehicle. Request access to footage promptly, as many systems overwrite recordings after a short period.
Physical evidence: Debris left by the fleeing vehicle, such as paint chips, broken parts, or tire marks, can help identify the perpetrator. Preserve damaged personal belongings or vehicle parts as evidence.
Medical records: Detailed medical documentation of injuries establishes the connection between the accident and your damages. Include records of treatments, prescriptions, and rehabilitation needs.
By gathering evidence, you’ll strengthen your case and be prepared to face the legal options that are available to you.
There are multiple legal options available for a hit-and-run case, including compensation coverage. Victims of hit-and-run accidents have several avenues for seeking compensation:
UM coverage is optional in Virginia but highly recommended for such situations. It covers medical expenses, lost wages, and pain and suffering if the at-fault driver is unidentified or uninsured.
If the hit-and-run driver is identified, you can file a personal injury lawsuit to recover damages. Virginia’s statute of limitations for personal injury cases is four years from the date of the accident.
Virginia’s Crime Victim Compensation Program provides financial assistance to victims of crimes, including hit-and-run accidents. Benefits may include medical expenses, counseling, and lost wages, subject to eligibility requirements. Knowing your legal options will help you find the right attorney to help you with your case.
Experiencing the aftermath of a hit-and-run accident can be overwhelming. Engaging experienced professionals can significantly improve your chances of a favorable outcome:
An attorney can help you gather evidence, negotiate with insurers, and represent you in court if necessary. Many attorneys offer free consultations and work on a contingency basis, meaning they only get paid if you win your case.
Cooperate with your insurance adjuster but be cautious about providing recorded statements without legal advice. Document all communications and keep copies of submitted documents.
Hit-and-run cases present unique challenges that become more difficult without legal representation, including:
Without sufficient evidence, locating the at-fault driver can be difficult. Collaboration with law enforcement and witnesses is critical.
Victims must demonstrate the extent of their injuries and financial losses. Comprehensive documentation is key to overcoming this hurdle.
Not all victims have UM coverage or sufficient PIP benefits to cover their damages. Exploring alternative compensation sources may be necessary.
While accidents are often unpredictable, taking preventive measures can reduce your risk:
Invest in dash cams: Dash cameras can provide crucial evidence in hit-and-run incidents.
Practice defensive driving: Stay vigilant and maintain a safe distance from erratic drivers.
Educate yourself on insurance options: Make sure you have adequate coverage, including UM protection.
In addition to legal and insurance support, victims of hit-and-run accidents can benefit from community resources:
Victim support groups: Local organizations often offer emotional support and resources for those recovering from traumatic accidents.
Law enforcement outreach programs: Many police departments host programs aimed at helping victims understand their rights and the justice system.
Nonprofit assistance: Nonprofits like the National Center for Victims of Crime provide financial and legal resources for accident victims.
Engaging with these resources can help victims cope with the emotional aftermath of a hit-and-run and connect with others who have had similar experiences.
Building a case after a hit-and-run accident in Hampton, Virginia requires a methodical approach, encompassing immediate actions, evidence collection, and collaboration with professionals. Taking proactive steps is essential for achieving justice and rebuilding your life after a hit-and-run accident. We provide legal services to Hampton Roads, Virginia as well as Williamsburg, Newport News County, Poquoson County, and York County. Call us at the Forbes Law Firm today.
A hit-and-run accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. In Virginia, the process of building a case after such an incident requires a clear understanding of state laws, the collection of evidence, and coordination with legal and insurance professionals.
In Virginia, the workers' compensation system is governed by the Virginia Workers' Compensation Act, which helps make sure that workers who suffer workplace injuries or illnesses are compensated for their medical expenses, lost wages, and other related costs.
