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Traffic accidents can be overwhelming. The experience of being hit and then having the other driver flee the scene is disorienting. Fleeing the scene of an accident is not only careless but also a violation of Pennsylvania law. However, just because the other driver cannot be located immediately doesn’t mean that accident victims are left without options. A Pittsburgh hit and run car accident lawyer can help you understand your options.
The Allegheny County Courthouse in Pittsburgh handles a large number of hit-and-run-related civil claims, evaluating personal injury cases in accordance with Pennsylvania law. These situations frequently provide special difficulties, such as locating the escaping driver and figuring out insurance coverage that might take over in the event that the culprit cannot be located.
SMT Legal is a Pittsburgh personal injury law firm with deep roots in the community and among each other. Most of the attorneys at SMT Legal grew up together and still live right here in Pittsburgh. We handle serious cases, including car accidents and injury claims. We pride ourselves on being prepared and having real litigation experience. We also know how to listen and work with clients to get the job done right.
Hit and run accidents are defined by one driver causing a collision and then leaving the scene without stopping. In Pennsylvania, drivers are required to stop after an accident. They must share contact and insurance information, check to see if anyone was injured, and provide aid if someone is hurt. Drivers who do not stop are then liable for any criminal charges as well as civil liability for the accident.
Hit and runs can happen in many ways. A driver may collide with another car, a pedestrian, a bicyclist, or even a parked vehicle. In some hit and run cases, the driver may be identified through witness testimony or surveillance video. However, there are many cases where a driver is never found. This means you will need to file a claim differently than you would with a typical car accident.
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According to one source, over 4 million people were involved in hit and run accidents from 2018 to 2022. This resulted in over 12,000 deaths. However, 74% of these accidents resulted in only property damage. While the reasons vary, hit and runs typically occur when a driver does not want to take responsibility for hitting another person or vehicle. This can happen when a driver is:
Hit and run accidents can happen anywhere in Pittsburgh. Late-night crashes, pedestrian accidents, and parking lot incidents are common. When an accident occurs, the results for the victim can be confusing and staggering.
Drivers who flee the scene of an accident can face serious criminal charges under Pennsylvania law. According to 75 Pa.C.S. § 3742, any driver who knew or should have known they were involved in an accident resulting in injury or death is required to stop and provide aid. Hit and run accidents are criminal offenses that can result in fines and jail time.
In terms of civil liability for hit and run car accident cases, many claims are initially filed against an insurance company instead of the at-fault driver. Uninsured motorist (UM) coverage may apply when another driver hits your car and leaves the scene or cannot be identified.
Pennsylvania is also a choice no-fault state when it comes to auto insurance. Your eligibility for compensation for pain and suffering, for instance, is determined by whether you possess full tort or limited tort insurance. Both of these factors can play a role in how a hit and run car accident case unfolds.
When you are involved in a hit and run accident, take the following steps to protect yourself and your ability to file a claim:
Any type of car accident can cause injuries. In hit and run accidents, people have sustained the following injuries:
If a pedestrian or bicyclist is struck in a hit and run collision, injuries can be severe. Without the protection of a vehicle, a person’s injuries may require surgery, long-term care, and rehabilitation.
If you were hit by an unknown driver, you may be able to recover compensation from your insurance company. The insurance company could provide coverage for:
If the person who hit you is later identified, you may be able to file a claim against him or her. Every case is different. Be sure to speak with a Pittsburgh hit and run car accident attorney to see how to approach your case.
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Hit and run claims have their own unique set of challenges. Dealing with a driver who simply takes off after causing an accident can leave you with very little information to begin with. This can make proving liability and securing compensation more difficult.
Insurance companies also tend to advocate for these claims more aggressively, as there is no other driver to explain what happened from their point of view. These claims can still be won, however, with the right amount of investigation and an understanding of how the laws apply to your case.
You should speak to a lawyer to learn more about your options. Many hit and run cases are settled with the help of an attorney.
Insurance companies can deny uninsured motorist claims if they believe there is a problem with your case. For example, if there is a dispute over how the accident occurred, an insurance company may investigate further and try to deny your claim. Having someone on your side who knows how to handle insurance companies can benefit you.
If the driver who hit you is located, your case may become a traditional injury claim. You should hire a hit and run car accident lawyer to learn more about what to expect.
Drivers involved in crashes in Pittsburgh are required to stop, remain at the scene, exchange contact and insurance information, and provide reasonable assistance to anyone who may have been injured. Failing to remain could subject you to criminal prosecution and civil liability even if the crash was minor or accidental.
Police departments do respond to minor hit and runs, even if it only results in minor property damage. It may not end up being something they actively investigate if there is not enough information to go on, or it’s a minor incident with property damage. However, the police will take down your report, and they may be able to find your perpetrator if you leave them enough information to go on, such as witnesses or nearby businesses with surveillance cameras.
Potentially, yes. If you leave the scene of an accident in Pennsylvania, you can face jail time if someone was injured or killed in the crash. You can still face criminal charges if there were only property damages. Because hit and run accidents involve a driver knowing they crashed their vehicle and then deciding to leave the scene without helping others, these offenses are taken seriously by judges.
Hit-and-run resolutions occur at different frequencies depending on the case. There may be more evidence, witnesses, or video surveillance available. Cases with severe injuries or deaths tend to get worked on more. Not all cases result in finding the driver. Some are solved by police investigation, tips from the public, or new technology like traffic cameras.
Contact SMT Legal Today If you have been a victim of a hit and run accident, you may still have legal options even if you are currently unsure who hit you. SMT Legal can look at your case and inform you of your options. Contact us today to get started.
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