In a recent accident on Marbach Road and Harness Lane in San Antonio, a man was involved in a collision after running a red light and was thrown from his car, suffering a broken arm. The other driver left the scene without stopping and was later apprehended by the police. This accident brings up important questions related to negligence in Texas hit-and-run accidents and the ability of victims to pursue compensation.
Texas Hit-and-Run Accident Laws
Under Texas law, a driver involved in an accident is required to stop and return to the accident scene, provide contact and insurance information to the other driver, and provide reasonable assistance to anyone who needs medical attention. Failure to stop can result in misdemeanor charges for accidents resulting in only damage to the vehicle, and felony charges for accidents resulting in injuries or death. However, if you have been injured in a hit-and-run accident, you will need to file a civil lawsuit against the other driver in order to receive compensation from him or her.
Challenges of Obtaining Compensation After a Hit-and-Run Crash
One challenge for victims seeking compensation is that it may be difficult to identify and locate the driver who fled the scene. In many cases, law enforcement officers are able to find and arrest the other driver sometime after the accident, but in other cases, you may need the assistance of an attorney who can initiate an investigation. If you are unable to locate the other driver, your best option for compensation may be to file an uninsured/underinsured motorist claim through your own insurance policy.
Another challenge is that the driver who left the scene is not always fully responsible for the accident. If the court finds that you were partially responsible for the accident resulting in your injuries, perhaps because you were speeding or failed to obey a traffic signal, the amount of compensation you can receive may be reduced in proportion to your degree of responsibility.
A personal injury lawyer can help you gather evidence to build a strong argument with the goal of demonstrating that the driver who fled the scene bears greater liability, and you may be able to argue that the driver’s failure to render assistance contributed to the severity of your injuries. The good news is that in many hit-and-run cases, the court awards punitive damages in addition to economic damages and pain and suffering.
Contact a New Braunfels Car Accident Attorney
If you have been injured in an accident and you are dealing with a complicated hit-and-run situation, The Bettersworth Law Firm can help. Contact a New Braunfels personal injury lawyer today at 830-443-9193 to schedule a free consultation.