According to the Revised Code of Washington (RWC) 46.52. 020, leaving the scene of an accident where someone is injured or property damage occurs is illegal.
Even though there are serious consequences for leaving an accident scene (significant fines, jail time, etc.), hit-and-run incidents are still common in Seattle.
In this situation, you may wonder if recovering compensation is even possible. After all, the person was not identified.
At Bernard Law Group, we understand how overwhelming this situation can be. While you may be unsure what to do, you can feel confident we aren’t. With over $500 million (and counting) recovered for accident victims in Seattle and surrounding areas, you can feel confident we will aggressively pursue any source of compensation possible.
The first step is to call our office to set up a risk-free, no-cost consultation.
Understanding Hit and Run Accidents
Hit-and-run accidents occur when a driver causes an accident and then leaves the scene without providing contact information or stopping to help.
There are numerous reasons why a driver might flee a crash site, including fear of legal repercussions, lack of insurance, or even panic. In Seattle, it is illegal to leave the scene of an accident without fulfilling the legal obligations of exchanging information and aiding the injured, if necessary.
How and Why Hit and Run Accidents Happen
These incidents can range from minor scrapes in parking lots to severe collisions resulting in significant injuries or fatalities. Often, the reasons behind a hit-and-run are rooted in the driver’s desire to avoid DUI charges, uninsured driving penalties, or arrests for outstanding warrants.
Laws Regarding Hit and Run in Seattle
Washington state law categorizes hit-and-run accidents based on their severity—from leaving the scene of a minor accident without property damage to fleeing an accident involving injuries or death. The penalties for these offenses can be severe, including substantial fines, loss of driver’s license, and even imprisonment, depending on the accident’s seriousness and the driver’s criminal history.
At Bernard Law Group, we know the details of Washington’s hit-and-run laws and leverage this knowledge to advocate for our client’s rights and best interests. If you’ve been involved in a hit-and-run accident, it’s crucial to get legal support to navigate the complexities of these cases and pursue the justice you deserve.
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Criminal vs. Civil Hit-and-Run Accidents in Seattle
In Seattle, hit-and-run accidents can lead to criminal charges and civil lawsuits, each serving a different purpose in addressing the incident. Understanding the distinction between these legal avenues is crucial for victims seeking justice and compensation.
Criminal Hit-and-Run Charges
The state pursues Criminal charges against the driver who fled the accident scene. In Washington State, leaving the scene of an accident is a serious offense, and penalties can include hefty fines, imprisonment, and a suspension or revocation of the driver’s license.
The severity of the charges depends on the extent of the damages and injuries caused by the accident. For instance, a hit-and-run resulting in property damage might be classified as a gross misdemeanor, while incidents involving serious injury or death can lead to felony charges.
The primary aim of criminal charges is to punish the offender and deter others from committing similar acts.
Civil Hit-and-Run Lawsuits
In addition to criminal charges, victims of hit-and-run accidents in Seattle can pursue civil lawsuits to obtain compensation for their losses. A civil lawsuit focuses on recovering damages for medical expenses, lost wages, pain and suffering, property damage, and any other costs incurred due to the accident.
Unlike criminal cases, which require proof beyond a reasonable doubt, civil cases operate on the preponderance of evidence, meaning it must be more likely than not that the defendant is responsible for the plaintiff’s damages.
Key Differences and Interactions
While criminal and civil cases are distinct, they can intersect. A successful criminal conviction can support a civil claim by establishing the defendant’s fault.
However, victims should not rely solely on the criminal case’s outcome for their compensation. Civil lawsuits provide a direct route for victims to seek financial recovery independent of the state’s criminal proceedings.
Common Injuries Seen in Seattle Hit and Run Accidents
Like many bustling cities, Seattle faces the unfortunate occurrence of hit-and-run accidents. These incidents can result in injuries that vary in severity and long-term impact. Some common injuries seen in these accidents include:
- Whiplash and Neck Injuries: Sudden impacts can cause the head to jerk violently, resulting in whiplash—a condition marked by pain and stiffness in the neck. This can also lead to more severe neck injuries, such as herniated discs.
- Head and Brain Injuries: Victims often sustain head injuries ranging from concussions to traumatic brain injuries (TBIs). Such injuries can have serious consequences, including cognitive impairments, memory loss, and long-term disabilities.
- Broken Bones: The force of a hit-and-run collision can easily result in fractures. Commonly broken bones include limbs (arms and legs), ribs, and collarbones. Recovery often requires prolonged medical treatment, including surgeries and physical therapy.
- Spinal Cord Injuries: Severe impacts can damage the spinal cord, leading to partial or complete paralysis. These injuries are life-altering and demand extensive medical care and rehabilitation.
- Internal Injuries: The force of the accident can cause internal injuries, such as organ damage or internal bleeding. These injuries are not always immediately apparent but can be life-threatening and require prompt medical attention.
- Cuts and Lacerations: Broken glass, metal, and other debris can cause deep cuts and lacerations. These injuries might need stitches or surgical intervention to heal properly and may result in permanent scarring.
- Emotional Trauma: Beyond physical injuries, victims of hit-and-run accidents often suffer from psychological impacts, including post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional and mental health repercussions can be as debilitating as the physical injuries.
Victims of hit-and-run accidents in Seattle deserve legal representation to navigate the complex aftermath of such traumatic events. Addressing both the physical and emotional injuries is crucial for comprehensive recovery and fair compensation.
Options for Recovering Compensation After a Hit-and-Run Accident in Seattle
Hit-and-run accidents leave victims dealing with physical and emotional trauma and the challenge of recovering financial losses. In Seattle, there are several avenues through which victims can seek compensation after such incidents.
Uninsured Motorist Coverage
One option for recovering compensation is uninsured motorist (UM) coverage, part of many auto insurance policies. This type of coverage is designed to protect drivers when the at-fault party is either uninsured or cannot be identified, as is often the case in hit-and-run accidents. It can cover medical expenses, lost wages, and other related damages up to the policy limit.
Personal Injury Protection (PIP)
Personal Injury Protection (PIP) is another valuable option, especially in no-fault states like Washington. PIP coverage can provide immediate financial relief by covering medical expenses, lost income, and other associated costs, regardless of who was at fault. This allows victims to receive necessary medical treatment and support without delay.
Health Insurance
In cases where the victim’s auto insurance does not fully cover their medical expenses, health insurance can cover additional costs. While this option might not be ideal for comprehensive recovery, it ensures that the victim’s immediate medical needs are met.
Filing a Civil Lawsuit
Victims can file a civil lawsuit seeking compensation for their injuries and other damages if the perpetrator is identified. This legal action can address medical bills, property damage, pain and suffering, and other losses incurred due to the accident. An experienced personal injury attorney can assist in building a strong case to maximize the compensation awarded.
Crime Victim Compensation Program
Washington State offers a Crime Victim Compensation Program that provides financial assistance to victims of violent crimes, including hit-and-run incidents. This program can help cover medical and dental care, mental health counseling, lost wages, and other related expenses. To qualify, victims must report the incident to law enforcement and file a claim through the appropriate state agency.
Seeking Legal Assistance
Navigating the complexities of insurance claims and legal proceedings after a hit-and-run accident can be overwhelming. Engaging a knowledgeable personal injury lawyer can provide victims with the guidance and advocacy needed to explore all available options for compensation.
A legal professional can negotiate with insurance companies, represent the victim in court, and ensure that all legal avenues are pursued for a fair recovery.
Immediate Steps Following a Hit and Run in Seattle
The steps you take after a hit-and-run accident can significantly impact the outcome of legal action or claims. Some tips we recommend to help protect yourself and your rights include:
Secure Your Safety and Gather Evidence
Immediately after a hit-and-run incident in Seattle, prioritize your safety by moving to a secure location. Then, collect any evidence from the scene.
This may include:
- Taking photos of the damage to your vehicle
- Noting the time and location of the accident
- Capturing any physical injuries
Look for witnesses who might have seen the event and can provide statements or additional details.
Remember, evidence can be lost or compromised quickly at accident scenes. Taking time to collect evidence now will be beneficial in the future.
Report the Incident to the Police
Contacting the police as soon as you can is a critical step. Filing a police report provides an official accident record, which is necessary for insurance and legal processes. Be prepared to provide all your information, including descriptions of the offending vehicle or driver.
Seek Medical Attention
Even if you believe your injuries are minor, getting a medical evaluation is essential. Some injuries may not be immediately apparent, and having a medical record linking your injuries to the hit and run can be crucial for your compensation claim.
Contact Your Insurance Company
Inform your insurance company about the hit-and-run. Providing them with the police report number, your evidence, and any witness information will help your claim process. Remember, even if the at-fault driver is unidentified, you may still be covered under your uninsured motorist policy.
Consult with Our Hit and Run Accident Attorney
Finally, contacting an experienced car accident attorney in Seattle can significantly influence the outcome of your case. When you call our office, we will help you understand your rights, explore all your compensation options, and represent you in dealings with insurance companies and court if necessary.
Protecting Your Rights After a Hit-and-Run Accident in Seattle
When you contact our experienced hit-and-run accident lawyer in Seattle, you can feel confident you have a dedicated, experienced advocate. We will work tirelessly to find all possible avenues of compensation and demand justice on your behalf.
Get started today by calling our office to schedule a free consultation.
Frequently Asked Questions About Hit and Run Accidents in Seattle
How do hit-and-run accidents affect my insurance claim?
Hit-and-run accidents can complicate the insurance claims process. Since the at-fault driver is unknown, you cannot file a claim against their insurance. Instead, you must rely on your insurance coverage.
Uninsured motorist (UM) coverage is particularly beneficial in such scenarios, as it is specifically designed to handle incidents where the liable party is either unidentified or uninsured. You may also utilize Personal Injury Protection (PIP) or health insurance to cover medical expenses.
Reviewing your policy and understanding your coverage limits is essential to determine the best action.
Can I sue if the hit-and-run driver is never identified?
Yes, you can still file a lawsuit even if the hit-and-run driver is never identified, but it would be against your insurance company if they deny your claim. If you have uninsured motorist coverage, your insurance provider should compensate you for your losses up to the policy limits.
However, if your insurer contests your claim or offers an insufficient settlement, you may need to pursue legal action against them. Consulting with an experienced personal injury attorney can help you navigate this complex process and ensure you receive fair compensation.
What types of compensation can I recover through uninsured motorist coverage?
Uninsured motorist (UM) coverage can compensate for various damages resulting from a hit-and-run accident. This includes medical expenses, such as hospital bills, surgeries, medication, and rehabilitation costs.
It can also cover lost wages if you cannot work due to injuries. In addition, UM coverage may compensate for pain and suffering, emotional distress, and other non-economic damages. The exact amounts and types of compensation depend on your policy limits and the specifics of your case.
How does the Crime Victim Compensation Program work for hit-and-run victims?
The Washington State Crime Victim Compensation Program offers financial assistance to victims of violent crimes, including hit-and-run accidents. To qualify, you must report the crime to law enforcement and file a claim with the program.
Compensation can cover medical and dental expenses, mental health counseling, lost wages, funeral costs, and other related expenses. The program works to alleviate victims’ financial burden and support their recovery.
It is important to file your claim promptly and provide all necessary documentation to maximize your benefits.
What role does a personal injury attorney play in hit-and-run cases?
A personal injury attorney is critical in hit-and-run cases by providing legal representation and protecting your rights. They can help gather evidence, communicate with insurance companies, and negotiate settlements.
If necessary, they can also represent you in court. An experienced attorney understands the complexities of hit-and-run cases and can guide you through the process, from filing insurance claims to pursuing legal action. Their expertise can significantly impact your case’s outcome and your compensation.
How does filing a police report impact my hit-and-run claim?
Filing a police report is a crucial step in a hit-and-run claim. It provides an official incident record, which is vital for insurance claims and subsequent legal actions. The police report includes accident details, witness statements, and evidence gathered, such as photos or video footage.
Insurance companies often require a police report when processing claims for hit-and-run accidents. If the hit-and-run driver is later identified and apprehended, the police report can serve as key evidence in criminal and civil proceedings.
What challenges might I face when pursuing compensation for a hit-and-run accident?
Pursuing compensation for a hit-and-run accident comes with several challenges. Identifying and locating the fleeing driver can be difficult, which may hinder criminal prosecution and direct claims against the at-fault party’s insurance.
Insurance companies may also contest your claim, particularly if you lack sufficient evidence or witnesses. Additionally, navigating the legal and insurance processes can be complex and time-consuming.
Overcoming these challenges often requires thorough documentation, persistent follow-up, and, sometimes, professional legal assistance to ensure your rights and interests are adequately defended.
Are there time limits for filing a claim for a hit-and-run accident?
There are time limits, known as statutes of limitations, for filing claims related to hit-and-run accidents. Washington State’s statute of limitations for personal injury claims is generally three years from the accident date. This timeframe applies to both filing a lawsuit and submitting insurance claims.
However, you should report the accident to your insurance company immediately. Delays in reporting and filing can jeopardize your ability to recover compensation, so it’s crucial to act promptly and consult with a legal professional to meet all necessary deadlines.
Can witnesses impact my hit-and-run case?
Witnesses can play a pivotal role in hit-and-run cases by providing valuable information that may help identify the fleeing driver and corroborate your account of the incident. Eyewitnesses can describe the vehicle, the driver’s behavior, and the direction they fled.
Their testimonies can strengthen your claims with insurance companies and in court. Additionally, if there were video surveillance cameras in the area, footage from these can serve as critical evidence.
Collecting witness contact information immediately after the accident and securing their statements can greatly enhance your case.
What options do I have if I cannot afford an attorney?
If you cannot afford an attorney, several options are available to ensure you still receive the legal assistance you need. Many personal injury attorneys, including those at Bernard Law Group, offer a no-win, no-fee guarantee.
This means that you do not have to pay any attorney fees upfront. Instead, your attorney will receive a percentage of the compensation recovered in your case. You do not owe any legal fees if you do not win your case. This arrangement allows you to pursue justice and compensation without the added financial burden.
