Hit-and-run accidents are an unfortunate reality in San Antonio, Texas, leaving victims feeling overwhelmed, frustrated, and unsure of what steps to take next. Understanding how to handle the aftermath of a hit-and-run is critical, not only for your safety but also for protecting your legal rights. In this guide, we’ll explore the essential steps to take after a hit-and-run accident in San Antonio, Texas. Ryan Orsatti Law is here to guide you through this challenging situation and help you secure the compensation you deserve.
Understanding Hit-and-Run Accidents in Texas
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing contact information or offering aid to the injured parties. In Texas, leaving the scene of an accident is illegal and can result in severe criminal penalties, including fines and imprisonment. Despite these strict laws, hit-and-runs remain a significant issue, particularly in large cities like San Antonio.
Hit-and-run accidents can involve pedestrians, cyclists, or other vehicles. The aftermath of these accidents can be particularly challenging because the at-fault driver is not present to take responsibility for the damages and injuries they have caused.
Step 1: Ensure Safety and Seek Medical Attention
The first and most crucial step after any accident, including a hit-and-run, is to ensure the safety of everyone involved. If you are injured or if someone else is hurt, call 911 immediately to request medical assistance. Even if injuries seem minor, it’s important to get checked by a medical professional as some injuries may not be immediately apparent.
In addition to physical well-being, securing the accident scene is also crucial. If possible, move your vehicle to a safe location away from traffic to prevent further accidents. Turn on your hazard lights to alert other drivers of the situation.
Step 2: Contact an Attorney Before Speaking to Your Insurance Company
One of the most important steps you can take after a hit-and-run accident is to contact a personal injury attorney before speaking to your insurance company. The aftermath of a hit-and-run can be legally complex, and anything you say to your insurance company can impact your claim. An experienced attorney can help guide you through the process, ensuring that you don’t inadvertently say or do anything that could jeopardize your case.
At Ryan Orsatti Law, our attorneys have extensive experience handling hit-and-run cases in San Antonio and throughout Texas. We can provide you with the legal advice you need to navigate this challenging situation and ensure that your rights are protected.
Step 3: Call the Police and Report the Accident
After ensuring that everyone is safe and receiving necessary medical attention, the next step is to report the accident to the police. In Texas, it’s mandatory to report any accident that results in injury, death, or significant property damage. When dealing with a hit-and-run, it’s especially important to involve law enforcement to help track down the fleeing driver.
When speaking with the police, provide as much information as possible about the accident, including:
- The make, model, and color of the fleeing vehicle
- The direction the vehicle was headed
- Any visible damage to the other vehicle
- The license plate number (even a partial number can be helpful)
- The time and location of the accident
- Any distinguishing features of the driver or vehicle
The police will use this information to create an official accident report, which will be crucial for your insurance claim and any potential legal action.
Step 4: Gather Evidence at the Scene
While waiting for the police to arrive, it’s important to gather as much evidence as possible. This evidence can be vital in identifying the at-fault driver and supporting your claim. Some steps to take include:
- Photograph the Scene: Use your smartphone or camera to take pictures of the accident scene, including damage to your vehicle, any debris or skid marks on the road, and the surrounding area.
- Document Your Injuries: Take photos of any visible injuries you or your passengers have sustained.
- Collect Witness Information: If there are any witnesses to the accident, ask for their contact information and a brief statement of what they saw. Witnesses can provide valuable testimony if the case goes to court.
- Record Your Own Account: Write down your own account of the accident while the details are still fresh in your mind. Include information like the time, location, weather conditions, and any other relevant details.
Step 5: Notify Your Insurance Company
After consulting with your attorney, the next step is to notify your insurance company about the accident. In Texas, most auto insurance policies include coverage for hit-and-run accidents under uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage can help pay for your medical bills, vehicle repairs, and other damages if the at-fault driver is not identified or does not have adequate insurance.
When filing a claim with your insurance company, be sure to provide them with all the information you’ve gathered, including the police report number, witness statements, and any photos or videos from the scene. Your attorney can help ensure that your report is thorough and accurate, which will aid in the smooth processing of your claim.
Step 6: Understand the Legal Consequences for the At-Fault Driver
In Texas, fleeing the scene of an accident is a serious crime, and the penalties can vary depending on the severity of the accident. If the hit-and-run accident resulted in injury or death, the driver could face felony charges, leading to significant fines and potential imprisonment. Even in cases where there is only property damage, the driver could still face misdemeanor charges.
If the at-fault driver is identified, they may also be held liable in civil court for the damages and injuries they caused. This means that you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages through a personal injury lawsuit.
Step 7: Dealing with Unidentified Drivers
In some hit-and-run cases, the at-fault driver may never be identified. This can be incredibly frustrating for victims, but it doesn’t mean you’re without options. As mentioned earlier, your uninsured/underinsured motorist coverage can help cover your losses.
Additionally, if you have other types of insurance coverage, such as personal injury protection (PIP) or medical payments (MedPay), these policies can also help cover your expenses. A skilled attorney can help you explore all available options and ensure that you receive the compensation you deserve.
Step 8: Focus on Your Recovery
The aftermath of a hit-and-run accident can be overwhelming, but it’s important to prioritize your recovery. This means following your doctor’s recommendations, attending follow-up appointments, and allowing yourself time to heal physically and emotionally.
While you focus on your recovery, let your attorney handle the legal aspects of your case. At Ryan Orsatti Law, we understand the toll that a hit-and-run accident can take on your life, and we’re here to support you every step of the way.
Step 9: Preventing Future Hit-and-Run Accidents
While you can’t control the actions of other drivers, there are steps you can take to reduce your risk of being involved in a hit-and-run accident:
- Drive Defensively: Always be aware of your surroundings and anticipate the actions of other drivers.
- Avoid Distractions: Stay focused on the road and avoid distractions like texting or using your phone while driving.
- Obey Traffic Laws: Follow all traffic signals and signs, and avoid aggressive driving behaviors.
- Use Caution at Intersections: Intersections are common locations for accidents, so be especially cautious when approaching or crossing them.
By taking these precautions, you can reduce your risk of being involved in a hit-and-run accident.
Conclusion
A hit-and-run accident can be a traumatic experience, but knowing what steps to take can make all the difference in protecting your rights and securing the compensation you deserve. From ensuring your safety and reporting the accident to the police to contacting an attorney before speaking to your insurance company and focusing on your recovery, each step is crucial in navigating the aftermath of a hit-and-run in San Antonio, Texas.
If you or a loved one has been the victim of a hit-and-run accident, the experienced attorneys at Ryan Orsatti Law are here to help. Contact us today for a free consultation and let us fight for the justice and compensation you deserve.
