At the scene of any accident, the Dallas motorists, bikers, or pedestrians involved have a duty to stop and alert emergency services if there is an injury. The parties must also exchange contact information. If a motorist fails to do so and simply drives away from the scene of the accident, s/he is guilty of a hit and run.
If you now have injuries because of a pedestrian hit and run accident in Dallas, you are probably wondering how you will possibly recoup your expenses. Just because the motorist is missing, this doesn’t mean that the case is hopeless.
First, the police will do their part.
- Conduct an investigation
- Look for eyewitness statements
- Analyze surveillance camera footage
Filing a Claim when the Motorist Is Located
If the driver is located, you can file a pedestrian accident lawsuit against the driver. You can claim compensation for the following.
- Medical expenses
- Lost wages
- Pain and suffering
Besides, in a hit-and-run accident, you may also possibly file a claim for punitive damages. These damages are typically awarded to punish a defendant for reckless conduct. Leaving the scene of an accident where someone is hurt – almost always the case in hit and run accidents – generally qualifies as the type of egregious behavior that punitive damages are meant to discourage.
In fact, punitive damages could possibly be higher in a pedestrian accident claim, because a pedestrian is very vulnerable in an accident, and is more susceptible to severe injuries. If the motorist left you injured on the sidewalk and simply drove away, a court may decide to award you substantial damages. Speak to a Dallas pedestrian accident lawyer about whether you can include punitive damages in your claim.
Filing a Claim when the Motorist Is Missing
If police are unable to trace the motorist in your accident, then you may have no way of holding the motorist liable in his absence. In such cases, you have to find an accident claim with your own insurer to recover compensation. Ask about filing an uninsured/underinsured motorist claim.
To discuss your legal options for compensation in a hit and run pedestrian accident, call 214-290-8001 to speak with Dallas personal injury lawyer Julie Johnson to see what she can do for you. You can also fill out the online contact form and schedule a free consultation.