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Hit-and-Run Accident Victims Often Unsure Where to Turn For Compensation
Any traffic death is a tragedy. Family members of victims are left struggling with grief as well as the financial difficulties that losing a loved one can entail. In many cases, injured victims or the families of victims who lose their lives can recover compensation from at fault drivers (or their insurers).
December 07, 2011 /Law Enforcement PR News/ -- In late October of 2011, two Alabamans lost their lives in pedestrian accidents on successive days. Zachary Cunningham, 19, was killed while walking on U.S. 45; just a few hours later, 22-year-old Tim Van Neuyen was struck and killed at an intersection in Mobile County.
Police are still searching for the driver of the vehicle that hit Van Neuyen, reportedly a wide four door vehicle that may have front end damage. The driver fled the scene before officers arrived.
Alabama Deaths Bring Focus on Hit and Runs
Any traffic death is a tragedy. Family members of victims are left struggling with grief as well as the financial difficulties that losing a loved one can entail -- expenses can quickly add up from emergency service/medical care bills, funeral costs and the absence of a relied-upon breadwinner. In many cases, injured victims or the families of victims who lose their lives can recover compensation from at fault drivers (or their insurers). However, hit-and-run collisions like the one that claimed Tim Van Neuyen's life present a unique array of challenges.
With the help of a Birmingham hit and run lawyer, compensation can be collected by Alabamans whose lives have been impacted by a driver who left the scene of an accident. Knowing more about the liability issues surrounding hit-and-run accidents can help victims develop a better understanding of the legal obstacles they may face, and how to overcome them.
Offending Drivers, Other Parties May Bear Responsibility for Hit and Run Damages
There are many reasons why drivers choose to leave the scene of an accident. Some hit-and-run drivers are worried that staying at the scene of a collision will allow police to uncover some underlying legal infraction -- drunk driving, lack of required insurance coverage, unlicensed driving or driving a stolen car, to name a few. Occasionally, youth, inexperience or fear prompts otherwise legally upstanding drivers to flee. And, sometimes it is a simple matter of a driver trying to dodge responsibility for an accident.
Whatever their reasons for fleeing, if a hit-and-run driver is eventually caught, not only will he or she likely face criminal charges, injured victims may be able to directly seek compensation in a civil lawsuit. However, fleeing the scene of an accident does not necessarily make a driver responsible for all resulting damages; if the victim was actually at fault for an accident, recovery may be barred under Alabama law. If you were victimized in a hit-and-run accident, extra measures may be required to prove you were not at fault.
In certain accidents, a third party like a public or private road company may bear responsibility for creating unsafe conditions that led to an accident, and may thus be held accountable financially. An attorney can help investigate the facts of your particular case and determine if the negligence of any other party contributed to your injury.
Your Insurance Company May Cover Costs
Unfortunately, sometimes hit-and-run drivers are not apprehended. Other times, offending drivers are caught, but lack adequate insurance coverage or financial resources to pay for the damage they negligently caused, despite Alabama's mandatory liability insurance requirements. Where can victims turn in these instances?
Victims' own insurance companies often have a responsibility to pay for hit-and-run damages that are not recoverable from an absent or uninsured driver. Generally, auto insurers group hit-and-run accident coverage with uninsured and underinsured motorist policies. These policies provide you with compensation when the driver responsible for an accident flees the scene and cannot be located, or when the other driver does not carry any (or enough) liability insurance.
Uninsured/Underinsured motorist coverage is very important. But, while some standard auto insurance policies do include this type of coverage, others do not. Drivers who are unsure whether their existing policy includes uninsured/underinsured motorist protections should confirm coverage with their insurer (coverage can usually be purchased with a relatively low increase in premiums for those whose general policies lack hit-and-run and uninsured/underinsured motorist provisions).
While in some contexts your insurance company may be firmly in your corner and even obligated to defend you, when paying damages to you for a hit-and-run, you are considered a hostile claimant. This does not necessarily mean your insurer will not be prepared to pay for damages, but it does often cause insurers to make a settlement offer that is less than the amount required to cover the full extent of your losses. An attorney experienced in hit-and-run accident matters can help you find viable avenues to recover the full amount of compensation you deserve when pursuing a claim against your own insurance policy.
Startling Hit-and-Run Numbers Mean Many Victims In Need Of Compensation
According to the National Highway Traffic Safety Administration, approximately one in every eight motor vehicle accidents is a hit-and-run. Fortunately, about 80 percent of these accidents cause vehicle damage only, which is typically a less contentious and more easily settled issue with insurers. But, those accidents that do cause bodily harm can leave victims with a plethora of challenging expenses and injuries.
In a personal injury claim following a car accident, several types of damages may be recoverable. Compensation for property damage is relatively straightforward, and can usually be calculated based on the blue book value of an automobile. Medical bills and wages lost due to an inability to work are also recoverable -- while these damages may be relatively easy to calculate in the short term, their potential ongoing nature makes them much more complex than property damage.
Pain and suffering, mental anguish, and permanent injury damages are perhaps the most difficult types of damages to assess. Under Alabama law, there is no precise method for setting these types of damages. However, settlement or verdicts from a judge or jury often include substantial sums for suffering and permanent injury.
Wrongful death claims made by family members of victims include economic damages similar to those in personal injury claims (lost future earnings of the decedent, medical costs, etc.). Any additional expenses arising out of a death (like reasonable funeral costs) may also be included in a settlement or verdict.
If you have been the victim of a hit-and-run, to ensure you recover the full and fair compensation you are entitled to, consult with an Alabama car accident attorney to discuss your rights and options.
Article provided by Drake Law Firm
Visit us at www.drakelawal.com/
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