A hit and run pedestrian accident is where a car hits a person on foot and leaves the collision scene straight away. Even if a driver isn’t at fault, the act of running away from the scene of the accident makes the incident a hit and run.
If you or someone close is a victim of a hit and run pedestrian accident, consider getting an Austin personal injury attorney on your side. Such a case can be complex, so it’s best to seek help from legal professionals. Contact Robert Littlefield Buford III, Attorney at Law at (512) 476-4444 for a free and detailed consultation.
What Are the Consequences of a Hit and Run Pedestrian Accident?
A hit and run is a serious criminal charge in Texas State. If a driver hits a pedestrian by accident, but chooses to flee without administering help, they might face a 3rd degree felony conviction. The felony carries two to ten years of imprisonment. If the victim didn’t suffer severe injuries, the consequence could be up to twelve months in county jail or five years at a state prison.
Issues with Liability
Most times, pedestrians have the right of way, so they are not usually responsible in hit and run pedestrian accidents. Automobile drivers are required to pay attention to traffic signs and keep an eye out for pedestrians always, even in places without crosswalks.
However, sometimes, both parties may be liable for the accident if they were both negligent. Texas uses a modified comparative negligence law, meaning victims can’t make damage claims if they are over 50% at-fault for their injuries.
It’s worth noting that enforcing one’s rights is very different in a hit and run pedestrian accident. The first priority of a victim should be to find the driver who hit them, so they can file a claim with their insurer. That’s because they might not get compensation till the motorist is identified. As a result, the person will have to utilize their healthcare insurance and make a claim with their insurer. However, chances of identifying the hit-and-driver can be increased by:
- Calling 911 straight away
- Noting the physical description of the car and motorist
- Tracking down any witness who might have seen the accident
- Approaching business in the nearby area to see if they have set up security cameras.
Some of the above tasks might be hard or not possible depending on the extent of the victim’s injuries.
Get Legal Assistance from an Austin Personal Injury Attorney
A hit and run pedestrian can have a substantial impact in the life of the victim and their family. Without knowing the identity of the liable driver, recovering compensation may be challenging. Additionally, without witnesses to give an account of the incident, it’s likely that the victim may be considered liable. That implies they may not get anything for the pain and suffering they are facing.
Fortunately, the Austin personal injury attorneys at Robert Littlefield Buford III, Attorney at Law, can help. We are knowledgeable and experienced in hit and run pedestrian accidents. In addition, we can assist you with police reports and talk with your insurance provider to help you get some reimbursement for your agony. The compensation can go into paying for your medical bills, lost wages, pain and suffering, and other potential losses. Don’t hesitate to reach out to us as soon as possible.