Hit and run accidents are among the most frustrating and frightening experiences a driver can face. In Austin’s busy traffic environment, these incidents unfortunately occur with troubling frequency, leaving victims confused about their legal options and worried about mounting expenses.
If you’ve been the victim of a hit and run accident in Austin, you’re not alone. The shock, anger, and uncertainty that follow such an incident are completely understandable. However, it’s crucial to know that you still have legal rights and options for recovery, even when the at-fault driver has fled the scene.
At Lee, Gober & Reyna, we’ve helped numerous hit and run victims throughout Austin and Travis County navigate the complex legal landscape that follows these challenging cases. Understanding your rights and taking the right steps immediately can make a significant difference in your ability to recover compensation for your injuries and damages.
Understanding Hit and Run Accidents in Texas
A hit and run accident occurs when a driver involved in a collision leaves the scene without providing their information, rendering aid, or contacting law enforcement as required by Texas law. Under Texas Transportation Code Section 550.021, drivers involved in accidents resulting in injury or death must stop immediately and provide assistance.
The National Highway Traffic Safety Administration (NHTSA) reports that hit and run crashes have been steadily increasing nationwide, with fatal hit and run crashes reaching their highest levels in recent years. This troubling trend affects communities across Texas, including the Austin metropolitan area.
Hit and run accidents can involve various scenarios:
- A driver strikes your vehicle and flees
- A driver hits you while walking or cycling
- A driver causes an accident involving multiple vehicles and leaves
- A driver hits your parked car and drives away
Regardless of the specific circumstances, Texas law requires drivers to remain at the scene, making hit and run a serious criminal offense that can result in significant penalties for the fleeing driver.
Immediate Steps to Take After a Hit and Run
The moments immediately following a hit and run accident are critical for both your safety and your potential legal case. Here’s what you should do:
Ensure Safety and Call 911
Your immediate priority is safety. If you’re able to move safely, get out of traffic and to a secure location. Call 911 immediately to report the accident and request medical assistance if needed, even if your injuries seem minor.
Police response to hit and run accidents is typically prioritized because they involve criminal activity. The responding officers will create an official report that becomes crucial evidence for both the criminal investigation and your potential civil case.
Document Everything You Can Remember
While the details are fresh in your memory, write down or voice-record everything you remember about the incident:
Vehicle Description:
- Make, model, year, and color of the vehicle
- License plate number (even partial numbers help)
- Distinctive features like damage, bumper stickers, or modifications
- Direction the vehicle was traveling when it left
Driver Description:
- Physical appearance if you saw the driver
- Approximate age and gender
- Any distinctive clothing or features
Accident Details:
- Exact time and location of the accident
- Weather and road conditions
- Traffic patterns and signals
- Direction you were traveling
This information is invaluable for police investigation and can help identify the fleeing driver.
Gather Evidence at the Scene
If you’re physically able, collect as much evidence as possible:
- Take photos of your vehicle damage from multiple angles
- Photograph the accident scene, including skid marks, debris, and road conditions
- Take pictures of your injuries, no matter how minor they appear
- Look for and photograph any security cameras in the area
- Note nearby businesses that might have surveillance footage
Evidence can disappear quickly, so gathering it immediately is crucial for your case.
Identify and Speak with Witnesses
Witnesses can provide crucial information about the fleeing vehicle and the circumstances of the accident. If anyone saw what happened:
- Get their full names and contact information
- Ask for a brief statement about what they witnessed
- Request that they stay to speak with police if possible
- Ask if they captured any photos or video of the incident
Witness testimony can be vital in identifying the hit and run driver and establishing the facts of your case.
Your Legal Options After a Hit and Run
Being the victim of a hit and run doesn’t mean you’re without legal recourse. You have several potential avenues for recovering compensation:
Uninsured Motorist Coverage
If you have uninsured motorist (UM) coverage as part of your auto insurance policy, this can provide compensation for your injuries and damages. In hit and run cases, the fleeing driver is treated as an uninsured motorist for insurance purposes.
Texas law requires insurance companies to offer UM coverage, though drivers can reject it in writing. If you have this coverage, it can pay for:
- Medical expenses related to your injuries
- Lost wages and reduced earning capacity
- Pain and suffering damages
- Property damage (if you have the appropriate coverage)
Personal Injury Protection (PIP)
If your policy includes Personal Injury Protection, this coverage can help with immediate medical expenses and lost wages regardless of who was at fault. PIP can provide quick access to funds while you pursue other compensation options.
If the Hit and Run Driver Is Found
Sometimes police investigations successfully identify hit and run drivers. When this happens, you can pursue compensation through the at-fault driver’s insurance or file a personal injury lawsuit against them directly.
According to the Insurance Information Institute, while many hit and run drivers are never caught, advances in surveillance technology and investigation techniques have improved identification rates in recent years.
Austin-Specific Challenges and Resources
Austin’s unique urban environment creates specific challenges for hit and run victims:
High Traffic Volume Areas
Areas like I-35, MoPac, and downtown Austin see heavy traffic that can make witness identification difficult and evidence collection challenging. However, these same areas often have better surveillance coverage that can aid in investigations.
University Area Considerations
The area around the University of Texas campus sees frequent pedestrian and cyclist activity. Hit and run accidents involving students or in campus areas may have additional investigative resources available through university police cooperation.
Growing Surveillance Infrastructure
Austin’s expanding network of traffic cameras and private security systems provides more opportunities for capturing evidence of hit and run incidents. Your attorney can help identify and preserve this crucial evidence.
The Investigation Process
A thorough investigation is crucial for maximizing your recovery in a hit and run case. This process typically involves:
Police Investigation Cooperation
Work closely with law enforcement investigators. Provide them with all the information you’ve gathered and follow up regularly on the status of their investigation. Remember that police have limited resources, so having an attorney who can conduct parallel investigations is valuable.
Private Investigation Services
Experienced personal injury attorneys often work with private investigators who can:
- Canvas the area for additional witnesses
- Identify and preserve surveillance footage
- Research similar incident patterns
- Use specialized databases to track down potential vehicles
Surveillance Footage Recovery
Time is critical for obtaining surveillance footage, as many systems automatically delete recordings after 30-90 days. Your attorney can issue preservation letters to businesses and government entities to ensure crucial evidence isn’t lost.
Maximizing Your Compensation
Even in hit and run cases, you can take steps to maximize your potential compensation:
Document All Damages Thoroughly
Keep detailed records of all expenses and impacts from the accident:
- Medical bills and treatment records
- Lost wages and missed work documentation
- Property damage estimates and repairs
- Pain and suffering impacts on daily life
- Transportation costs for medical appointments
Follow Medical Treatment Recommendations
Continue with all recommended medical treatment, even if you’re unsure about payment. Gaps in treatment can be used by insurance companies to minimize your claim’s value.
Avoid Recorded Statements to Insurance Companies
While you must report the accident to your insurance company, be cautious about providing detailed recorded statements without attorney representation. Insurance adjusters may use these statements to minimize your claim.
Common Challenges in Hit and Run Cases
Hit and run cases present unique challenges that require experienced legal handling:
Proving the Extent of Damages
Without a clear at-fault party initially, insurance companies may scrutinize your damages more carefully. Having thorough documentation and expert testimony can help establish the full extent of your losses.
Insurance Company Delays
Some insurance companies may delay processing hit and run claims hoping that the fleeing driver will be found and their insurance will pay instead. An experienced attorney can prevent these delay tactics.
Policy Coverage Disputes
Insurance companies may dispute whether certain coverages apply to hit and run situations. Understanding your policy’s specific language and fighting for proper coverage requires legal expertise.
When to Contact an Attorney
While not every minor hit and run incident requires legal representation, you should consider consulting an attorney if:
- You suffered any injuries, even seemingly minor ones
- Your vehicle sustained significant damage
- The insurance company is denying or delaying your claim
- You’re unsure about your coverage or legal options
- The police investigation has stalled
- You’re facing financial pressure from mounting expenses
An experienced hit and run attorney can evaluate your case, explain your options, and handle all communications with insurance companies while you focus on recovery.
Prevention and Protection Strategies
While you can’t prevent all hit and run accidents, you can take steps to protect yourself:
Insurance Coverage Review:
- Ensure you have adequate uninsured motorist coverage
- Consider umbrella policies for additional protection
- Understand your policy’s specific terms and limits
Vehicle Safety Equipment:
- Install a dashcam to record incidents
- Ensure your vehicle has functioning lights and signals
- Keep emergency supplies in your vehicle
Awareness and Driving Habits:
- Stay alert in high-traffic areas
- Maintain safe following distances
- Avoid aggressive driving that might escalate situations
The Role of Technology in Hit and Run Cases
Modern technology is increasingly helpful in hit and run investigations:
Dashcam Evidence
Dashboard cameras can provide crucial evidence of hit and run incidents. Even if you don’t have a dashcam, other drivers or nearby vehicles might have captured the incident.
Cell Phone Evidence
While you should never use your phone while driving, if you’re a passenger or pedestrian, quick thinking to capture photos or video can provide valuable evidence.
Surveillance Networks
Austin’s growing network of traffic cameras, business security systems, and residential doorbell cameras creates more opportunities to capture hit and run incidents on video.
Understanding Texas Laws for Hit and Run Cases
Texas takes hit and run incidents seriously, with penalties that escalate based on the severity of the accident:
- Property damage only: Class C misdemeanor with fines up to $500
- Injury involved: Third-degree felony with up to 10 years in prison and $10,000 in fines
- Serious bodily injury: Second-degree felony with up to 20 years in prison
- Death involved: First-degree felony with potential life imprisonment
These criminal penalties are separate from any civil liability the fleeing driver may face for your damages.
Working with Lee, Gober & Reyna on Your Hit and Run Case
Our team understands the unique challenges that hit and run cases present. We have experience working with:
- Insurance companies to maximize uninsured motorist claims
- Law enforcement to coordinate investigation efforts
- Private investigators to uncover additional evidence
- Medical providers to document the full extent of your injuries
- Traffic accident specialists who understand the complexities of these cases
We know that hit and run accidents can leave you feeling helpless, but you don’t have to face this challenge alone.
Frequently Asked Questions
What should I do immediately after a hit and run accident in Austin?
First, ensure your safety and call 911. Document everything you can remember about the incident and the fleeing vehicle, take photos of the scene and damage, identify witnesses, and seek medical attention even for minor injuries. Report the incident to your insurance company promptly.
Will my insurance cover a hit and run accident?
If you have uninsured motorist coverage, it should cover your injuries and damages from a hit and run. Personal injury protection (PIP) can help with immediate medical expenses. Coverage depends on your specific policy, so review your insurance terms or consult with an attorney.
How long do police investigate hit and run accidents?
Investigation timelines vary based on the severity of the accident and available evidence. Minor property damage cases may receive limited investigation, while injury cases typically get more attention. Some cases are solved quickly through surveillance footage, while others may remain open for months or years.
Can I still recover compensation if the hit and run driver is never found?
Yes, through your own insurance coverage. Uninsured motorist coverage treats hit and run drivers as uninsured motorists, allowing you to recover compensation for injuries and damages. The key is having the right coverage and working with an experienced attorney to maximize your claim.
Should I accept my insurance company’s first settlement offer?
Generally, no. First offers are often lower than what your case is worth. Insurance companies expect negotiation and may not initially offer full compensation for all your damages. An attorney can evaluate whether an offer is fair and negotiate for better terms.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule. If you’re found less than 51% at fault, you can still recover compensation, though it may be reduced by your percentage of fault. Even if you contributed to the accident, you may still have a valid claim.
How much does it cost to hire a hit and run accident attorney?
Most personal injury attorneys, including those at Lee, Gober & Reyna, work on a contingency fee basis for hit and run cases. This means you don’t pay attorney fees unless you recover compensation. Initial consultations are typically free, allowing you to understand your options without financial risk.
Taking Control of Your Recovery
Hit and run accidents can leave you feeling powerless and overwhelmed, but understanding your legal rights and options can help you regain control of the situation. While the process may seem complex, experienced attorneys can guide you through each step and fight for the compensation you deserve.
Remember that time is critical in hit and run cases. Evidence can disappear, witnesses’ memories fade, and surveillance footage gets deleted. Taking prompt action to protect your interests is essential for the best possible outcome.
If you’ve been the victim of a hit and run accident in Austin or anywhere in Texas, don’t face the insurance companies alone. The experienced attorneys at Lee, Gober & Reyna understand the unique challenges these cases present and have the resources and expertise to help you navigate the legal process successfully.
Contact us today for a free consultation to discuss your case and learn how we can help you recover the compensation you need to move forward with your life.