Houston Hit and Run Accident Attorney
Quick Answer: What Should You Do After a Hit-and-Run in Houston?
If a driver leaves the scene after hitting you in Houston, call 911, get medical help, do not chase the fleeing vehicle, and write down anything you remember about the vehicle, driver, license plate, and direction of travel. Take photos, get witness names, and report the crash to your own insurance company. If the driver cannot be found, your uninsured motorist coverage or personal injury protection may help pay for your injuries and losses.
Hit-and-run claims move quickly because video footage, witnesses, and vehicle evidence can disappear. A Houston car accident lawyer can help preserve evidence, review insurance coverage, and pursue compensation from every available source. If you were injured, call Baumgartner Law Firm for a free consultation. There is no fee unless we recover money for you.
Do I Need a Houston Hit-and-Run Lawyer?
If you’re the victim of a Houston hit-and-run accident, you need to understand that you have recourse. Retaining a Houston auto accident attorney is helpful. This type of car accident in Houston can be challenging. 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 a hit-and-run lawyer in Houston at (281) 587-1111 and learn your rights and options to pursue injury compensation after a hit-and-run accident.
What to Do Immediately After a Houston Hit-and-Run
- Call 911 and ask for police and medical help if anyone is hurt.
- Do not chase the fleeing driver. Your safety and medical care come first.
- Write down the license plate number, vehicle color, make, model, damage, direction of travel, and any driver description you remember.
- Take photos and video of the crash scene, vehicle damage, debris, skid marks, traffic signals, road signs, nearby businesses, and visible injuries.
- Get names and phone numbers from witnesses before they leave.
- Look for nearby security cameras, traffic cameras, dashcams, doorbell cameras, or businesses that may have captured the crash.
- Seek medical care quickly, even if you think the injury is minor.
- Report the crash to your own insurance company, but avoid giving broad recorded statements before you understand your rights.
For a broader checklist, see our guide on what to do after a Houston car accident. You should also request and keep the crash report number. Our guide explains how to get a Houston accident report after the investigating agency completes it.
How Can Someone Be Held Responsible for An Accident in a Hit-and-Run?
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. Economic damages refer to easily calculable losses like medical expenses and lost wages, but 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.
How Hit-and-Run Drivers May Be Identified
A hit-and-run case should be investigated quickly. The driver may be identified through a license plate number, witness statements, nearby business video, dashcam footage, traffic cameras, vehicle parts left at the scene, paint transfer, repair records, social media posts, or police follow-up. The sooner the investigation begins, the better the chance of finding evidence before it is erased, overwritten, or forgotten.
Our firm looks for evidence that can prove what happened and whether another party may also be responsible. For example, a crash may involve distracted drivers who leave the scene, speeding drivers who flee after a crash, or drunk drivers who flee the crash scene.
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Who Pays for Injuries After a Hit-and-Run?
If police identify the driver, you may have a claim against that driver and any available insurance policy. If the driver was working at the time, the driver’s employer or a commercial insurance policy may also need to be investigated.
If the driver is never found, the most important coverage is often your own uninsured motorist coverage. UM coverage may apply when the at-fault driver has no insurance or when a hit-and-run driver cannot be identified. Personal injury protection may also help with medical bills and lost income if it is part of your policy.
Do not assume your own insurance company will automatically treat you fairly. A UM claim is still an insurance claim, and the company may question fault, the cause of your injuries, the amount of your medical bills, or the value of your pain and suffering. A lawyer can review the policy, document your losses, and push back if the insurer delays, undervalues, or denies the claim.
Related resource: What to do if hit by an uninsured driver in Texas.
If police identify the driver, you may have a claim against that driver and any available insurance policy. If the driver was working at the time, the driver’s employer or a commercial insurance policy may also need to be investigated.
If the driver is never found, the most important coverage is often your own uninsured motorist coverage. UM coverage may apply when the at-fault driver has no insurance or when a hit-and-run driver cannot be identified. Personal injury protection may also help with medical bills and lost income if it is part of your policy.
Do not assume your own insurance company will automatically treat you fairly. A UM claim is still an insurance claim, and the company may question fault, the cause of your injuries, the amount of your medical bills, or the value of your pain and suffering. A lawyer can review the policy, document your losses, and push back if the insurer delays, undervalues, or denies the claim.
Related resource: What to do if hit by an uninsured driver in Texas.
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 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.
- A driver of a large truck like a semi or 18-wheeler may not be aware of the crash.
Make no mistake: No reason could possibly excuse a driver’s decision to commit a hit-and-run. However, knowing that the driver made their decision under duress and for their own reasons can help ease the pain that comes with being a victim of their choice. Call a trucking accident attorney near me for a free consultation.
What Are the Texas Laws About Hit-And-Run Accidents?
Texas hit-and-run duties are found in the Texas Transportation Code, not the Texas Penal Code. Texas Transportation Code Section 550.021 requires a driver involved in a crash that causes injury or death to stop, return to the scene if necessary, remain there, and comply with the duty to give information and render aid. Section 550.023 requires drivers to provide identifying and insurance information and render reasonable assistance to an injured person when required.
Texas Transportation Code Section 550.022 applies to crashes involving vehicle damage. It generally requires the driver to stop, return if needed, and remain at the scene until the required information is exchanged.
These criminal rules are separate from a civil injury claim. A criminal case may punish the driver, but it does not pay your medical bills, lost wages, or pain and suffering. An injury claim or UM claim is how victims seek financial compensation.
Common Hit-and-Run Injury Claims We Handle
Hit-and-run claims may involve drivers, passengers, pedestrians, motorcyclists, bicyclists, and families who lost a loved one. Each claim needs a fast investigation and a careful review of every possible insurance source.
Steps to Take 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.
Unfortunately, when you are claiming from an insurance company, it is in their best interest to pay you as little as possible for your claim. We recommend that you consider hiring a reputable attorney to help you fight for all the compensation you deserve.
3. Fight for full compensation
There are a few instances where an insurance company will pay you fair compensation without a fight. Most of the time, this occurs when they have small liability policy limits, and your medical expenses are significant. Hiring a personal injury attorney can help you get full compensation for your damages.
Read More: I Was Hit By A Driver Who Does Not Have Insurance- What Can I Do in Texas?
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 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 Houston 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.
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 injury attorneys in Houston, we’ve helped countless clients find justice and secure their financial futures.
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About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads the Baumgartner Law Firm.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Our Houston car wreck attorneys handle all types of car accident cases, including:
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