Do I Need to Get a Hit-and Run Lawyer?
If you’re the victim of a Houston hit-and-run accident, you need to understand that you have recourse. Regardless of whether or not the driver is identified, there are ways for you to pursue the personal injury compensation you deserve. The Houston hit-and-run attorneys at Baumgartner Law Firm can help you explore your legal options.
Baumgartner Law Firm offers a free consultation with an experienced car accident lawyer for injury accidents. Call us at (281) 587-1111 and learn your rights and options to pursue injury compensation after a hit and run accident.
How Can Someone Be Held Responsible for An Accident in a Hit-And-Run Scenario?
In a hit-and-run scenario, holding someone accountable for the accident can be challenging due to the lack of information about the driver. However, if law enforcement can identify the driver and the driver is proven to be at fault for the accident, you can pursue a claim against them.
If the driver remains unidentified, you may have to rely on your own insurance coverage, such as uninsured motorist coverage and personal injury protection, if you have these types of protection included in your policy.
Recoverable Damages in Hit and Run Cases
Before you can pursue compensation for your losses, you need to know what your case is worth. Most people outside of the legal field don’t understand the nature of damages or what you can and can’t claim, which is why you should work closely with an attorney when calculating your settlement.
A comprehensive accounting of your losses will likely include both economic and non-economic damages. Whereas economic damages refer to easily calculable losses like medical expenses and lost wages, non-economic damages compensate you for losses that evade a dollar amount. These are things like pain and suffering, loss of enjoyment of life or loss of consortium—any way in which the accident has significantly diminished your ability to live life to the fullest.
Pursuing Compensation from Your Insurance Company After a Hit and Run Accident
Even if the hit-and-run driver hasn’t been identified, injury victims may still be able to pursue compensation from their own insurer if you have Uninsured Motorist Coverage. However, it’s important to remember that at the end of the day, insurance companies are businesses. Maintaining their bottom line means reducing your settlement as much as possible, which is why you’re unlikely to get a fair settlement offer.
However, insurance companies also fear litigation, which is why partnering with an attorney who can negotiate with the insurance company on your behalf is a great strategy. This is especially true if your attorney is an experienced litigator and can threaten legal action.
Hit-and-Run Accident Lawsuits in Houston
Hit-and-run offenses can result in both criminal and civil proceedings, but they are distinct and separate legal processes. Criminal proceedings are brought by the state and may result in prosecution and penalties, including incarceration. Although criminal conviction is one type of justice, it does nothing to compensate victims for their accident-related losses.
Civil proceedings, on the other hand, can result in a number of compensatory damages. By filing a hit-and-run accident lawsuit against the at-fault party, you can pursue the full range of compensatory damages. As personal injury attorneys, this is our one and only objective: To help you secure the compensation you deserve. Call a hit and run lawyer for help!
Common Reasons Why a Hit-and-Run Driver Flees the Scene?
It’s normal for an injury victim to have questions about what caused the accident to occur or how it could have been avoided. However, it’s a little more complicated for hit-and-run victims. In addition to the typical questions, and the police report, they may also wonder why the perpetrator fled the scene and how they could leave without offering assistance.
For hit-and-run victims struggling to recover from the psychological trauma of the event, it can be helpful to understand that most drivers who commit hit-and-runs aren’t motivated by maliciousness (although the result is much the same). In our experience, most drivers who commit hit-and-runs do so for one of the following reasons:
- They are uninsured or underinsured.
- Driving under the influence of drugs or alcohol.
- Several traffic offenses on their record.
- The driver doesn’t have permission to use the vehicle they’re driving.
- Operating a stolen vehicle.
- On probation or has a warrant out for their arrest.
- Operating a company vehicle and fears for their job.
Make no mistake: There’s no reason that could possibly excuse a driver’s decision to commit a hit-and-run. However, knowing that the driver made their decision under duress and because of their own set of reasons can help ease the pain that comes along with being a victim of their choice.
What Are the Texas Laws About Hit-And-Run Accidents?
In Texas, hit-and-run laws are outlined in the Texas Penal Code. It is considered a criminal offense to leave the scene of an accident without providing identification and automobile insurance information and rendering aid to injured parties. The consequences for leaving the scene of an accident, especially when there is an injury involved, are quite severe and can result in significant jail time in a Texas Department of Corrections correctional facility.
Here is a summary of relevant Texas Laws
1. Accident Involving Personal Injury or Death
– According to section 550.021 of the Texas Penal Code, if the operator of a vehicle is involved in an accident resulting in injury or death to a person, they are required to:
– Immediately stop the vehicle at the accident scene or as close as possible.
– Return to the accident scene if the vehicle is not initially stopped there.
– Remain at the accident scene until complying with the requirements in section 550.023.
Failure to comply with these requirements is considered an offense, and the severity of the offense depends on the outcome of the accident:
– If the accident causes death or serious bodily injury, it is a third-degree felony.
– If the accident causes injury but doesn’t meet the criteria for a felony, it is punishable by imprisonment for up to five years in the Texas Department of Criminal Justice, confinement in the county jail for up to one year, a fine not exceeding $5,000, or a combination of both.
2. Accident Involving Damage to Vehicle
– Section 550.022 of the Texas Penal Code covers accidents that result in damage to a vehicle and do not involve personal injury or death. In such cases, the operator of a vehicle must:
– Immediately stop the vehicle at the accident scene or as close as possible without obstructing traffic more than necessary.
– Return to the accident scene if the vehicle was not initially stopped there.
– Remain at the scene until complying with the requirements in section 550.023.
There are additional considerations when an accident occurs on a freeway in a metropolitan area. Suppose all vehicles involved can be safely driven. In that case, operators are expected to move their vehicles to an accident investigation site, a suitable cross street, or another designated location to complete the requirements and minimize interference with freeway traffic.
Non-compliance with these requirements is an offense, with the severity of the offense varying depending on the damage caused:
– If the damage to all vehicles involved is less than $200, it is a Class C misdemeanor.
– If the damage to all vehicles involved is $200 or more, it is a Class B misdemeanor.
It’s important to note that a vehicle can be considered normally and safely driven if it does not require towing and can be operated without causing additional damage or hazards to the vehicle, other traffic, or the roadway.
In Texas, hit-and-run laws are outlined in the Texas Penal Code. It is considered a criminal offense to leave the scene of an accident without providing identification and automobile insurance information and rendering aid to injured parties. The consequences for leaving the scene of an accident, especially when there is an injury involved, are quite severe and can result in significant jail time in a Texas Department of Corrections correctional facility.
Exploring the Nature of Hit-and-Run Accidents
When a driver is involved in a vehicular accident and illegally leaves the scene, they have committed a hit-and-run. These offenses can include a number of potential victims, including pedestrians, cyclists, other drivers and car passengers. In some hit-and-run accidents, the only damage done by the traffic accident is to property.
According to Texas hit-and-runs laws, anyone involved in an accident that results in property damage or injury is required to take certain steps, including rendering aid to the injured person, exchanging information with other drivers and, if the police have been called, waiting for an officer to arrive.
Texas takes hit-and-runs seriously, and anyone convicted of fleeing the scene of an accident may be charged with a felony offense. Unfortunately, hit-and-run car accidents occur frequently in Houston, leaving victims to grapple with questions, injuries and other losses.
Tips for Filing Injury Claims Against Auto Insurance Companies After a Hit-and Run?
When filing injury claims against auto insurance companies, several tips can help you navigate the process effectively.
1. Gather as much information as possible
If you’re involved in a hit-and-run accident and cannot identify the responsible driver, it can be challenging to hold them accountable. However, if law enforcement identifies the driver, and you can prove their negligence caused the accident, you can file a claim against them. If not, your options may be limited to making a claim using your uninsured motorist coverage and personal injury protection (if you have this coverage) from your insurance company.
2. Seek legal assistance
Hiring an attorney to handle your case can be immensely beneficial for two reasons. First, they can assist in investigating any available information or witnesses that might lead to identifying the hit-and-run driver. Second, if the driver cannot be found, you may need to make an uninsured motorist claim with your own insurance company. However, it’s important to note that insurance companies may not always prioritize your best interests and may attempt to offer a low settlement amount or push for a minimal settlement. Legal representation can ensure that your rights are protected and that you receive the full compensation you are entitled to under the law.
3. Fight for your rightful compensation
Your attorney will work diligently to ensure you receive a fair settlement or verdict. They will negotiate your outstanding medical bills, subrogation claims, and hospital liens to increase the money you ultimately receive from the insurance claim and settlement proceeds. Their goal is to maximize your compensation and put as much money as possible into your pocket to cover your damages and expenses resulting from the accident.
By following these tips and working closely with a knowledgeable attorney, you can navigate the process of filing an injury claim against an auto insurance company more effectively, increasing your chances of receiving the compensation you deserve.
How a Houston Hit-and-Run Accident Attorney Can Help
Here are some of the many crucial tasks an experienced Houston hit-and-run attorney can conduct on your behalf:
- Investigate the scene of the hit-and-run
- Review your auto insurance coverage
- Gather pertinent evidence, including police reports, eyewitness testimonies, medical records of your post-accident care, etc.
- Calculate all of your economic and non-economic losses
- Draft and send your settlement demand letter to the at-fault party or insurance company
- Negotiate with your insurer or on your behalf, pursuing litigation if necessary
- File a hit-and-run accident lawsuit against the at-fault driver
- Take your case to court
You don’t need an attorney in order to file a lawsuit against the person who injured you. However, working with a trusted attorney who has experience winning hit-and-run cases can drastically improve the outcome of your case.
Plus, most personal injury attorneys, including Baumgartner Law Firm, offer their services on a contingency fee basis. That means you can benefit from our legal services without spending anything upfront; you only pay if and when we secure your settlement. In combination with our free initial consultation, you have access to top-tier legal services at no risk to your personal finances.
At Baumgartner Law Firm, We Also Focus on these Practice Areas
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you. The practice areas we focus on are the following:
· Auto & Car Accidents
· Catastrophic and Severe Injuries
· Construction Site Accidents
· Daycare Negligence & Child Injury
· Dram Shop Lawsuits
· Drunk Driving Accidents
· Lyft Accidents
· Motorcycle Accidents
· Personal Injury
· Truck Accidents
· Uber Accidents
· Work Injury
· Wrongful Death
Baumgartner Law Firm: Trusted Hit-and-Run Attorneys in Houston
When you’re ready to partner with a lawyer whose expertise is matched with compassion, look no further than Baumgartner Law Firm. As trusted car accident and injury attorneys in Houston, we’ve helped countless clients find justice and secure their financial futures.
Ready to get started? Visit us online to schedule a free case evaluation or call our law office at (281) 587-1111 to speak with a knowledgeable lawyer today.
Contact Baumgartner Law Firm for Help With an Injury Claim After a Hit and Run Accident
Since 1985 Houston families have trusted Baumgartner Law Firm to maximize compensation after an injury accident. We offer free consultations contact Baumgartner Law Firm by calling (281) 587-1111 or filling out the contact form on this page.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Related Resources:
Can I Sue for Hit and Run in Texas?
I Was Hit By A Driver Who Does Not Have Insurance- What Can I Do in Texas?
What to Know If You Are Hit by an Unlicensed Driver in Texas
Can I Sue Someone Who Hit Me While Drunk?
What Should I Do If a Drunk Driver Hits Me?
Related Practice Information:
Auto Insurance Claims Lawyer in Houston
T-Bone Accident Attorney in Houston
Head-on Crash Attorney in Houston
Commercial Vehicle Accident Attorney in Houston
Hit and Run Accident Attorney in Houston
Intersection Accident Attorneys in Houston
Distracted Driving Accident Attorney in Houston
Speeding Car Accident Lawyer Houston
Houston Highway Crash Attorney
Visit Our Houston Personal Injury Law Firm
For a free consultation Contact Us Today
Related FAQs
Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
Related
Practice Areas
Client
Testimonials
Thank you
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
Highly
Recommended!
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
- Raymond
Houston Personal Injury Victim