A hit-and-run incident can leave you feeling overwhelmed and uncertain about your next steps. Beyond dealing with your injuries and vehicle damage, you must also deal with complex legal and insurance processes without the other driver’s information. Working with an experienced South Dakota car accident attorney can help you understand your options and protect your legal rights after a hit-and-run.
What Constitutes a Hit-and-Run?
Under South Dakota law, a hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to exchange contact and insurance information or to render aid if someone is injured or killed. This applies to accidents involving other vehicles, pedestrians, or even unattended property like a parked car.
Hit-and-run incidents range from minor property damage to serious crashes resulting in severe injuries or death. Regardless of severity, leaving the scene of an accident is illegal in South Dakota and can result in misdemeanor or felony charges, depending on the circumstances.
Immediate Steps to Take After a Hit-and-Run
Your actions immediately following a hit-and-run can significantly affect your ability to recover compensation. Here’s what you should do:
- Ensure safety first: If possible, move to a safe location and check yourself and your passengers for injuries. Call for medical help if needed.
- Call the police promptly: Report the crash to the appropriate law enforcement agency right away. Filing a police report for hit-and-run is critical for both the investigation and your compensation claim.
- Document everything: Take photos of your vehicle damage, the accident scene, and any visible injuries. Note the time, weather conditions, and traffic patterns.
- Look for witnesses: Speak with anyone who saw the accident and collect their contact information. Witnesses can provide valuable testimony about the fleeing vehicle.
- Gather evidence: Write down any details you remember about the other vehicle, such as make, model, color, license plate (even if only partial), and driver description. Even small details can help police identify the driver.
- Seek medical attention: Visit a doctor even if your injuries seem minor. Some injuries do not become apparent until days after the accident, and medical records establish a link between the accident and your injuries.
Your Legal Rights as a Hit-and-Run Victim
As a hit-and-run victim in South Dakota, you have several important rights:
- Right to file a police report: Law enforcement should thoroughly investigate the incident and help identify the responsible party.
- Right to compensation: You deserve payment for your medical bills, vehicle damage, lost wages, and pain and suffering.
- Right to insurance coverage: You can make claims against your own insurance policies, including uninsured motorist coverage in South Dakota.
- Right to legal representation: You can hire an attorney to advocate for your interests and handle complex legal and insurance matters.
Understanding Insurance Options After a Hit-and-Run
Your insurance becomes particularly important when the at-fault driver cannot be located. Here are the types of coverage that might help:
- Uninsured motorist coverage: This protection applies when the at-fault driver is never found or lacks insurance. South Dakota requires all drivers to carry this coverage with minimum limits of $25,000 per person and $50,000 per accident.
- Collision coverage: This optional coverage pays for repairs for your vehicle regardless of who caused the accident, though you’ll need to pay your deductible.
- Medical payments coverage: MedPay is another optional coverage that helps with medical bills regardless of fault.
Understanding your policy and filing insurance claims for hit-and-run incidents can be challenging. A skilled attorney can review your coverage and help maximize your benefits.
The Legal Process for Hit-and-Run Victims
The legal process following a hit-and-run often involves several phases:
- Police investigation: Officers will search for the hit-and-run driver using witness statements, surveillance footage, and physical evidence from the scene.
- Insurance claims: You’ll need to notify your insurance company promptly and provide all requested documentation.
- Potential civil lawsuit: If the driver is found, you may file a personal injury claim against them to recover compensation.
- Uninsured motorist claims: If the driver remains unknown, you’ll work with your insurance company to secure compensation through your uninsured motorist coverage.
Evidence Needed for Hit-and-Run Cases
Strong evidence improves your chances of both locating the hit-and-run driver and recovering fair compensation. Examples of evidence that can bolster your case include:
- Police report details
- Witness statements
- Photos of the damage and the accident scene
- Medical records documenting your injuries
- Surveillance footage from nearby businesses or traffic cameras
- Vehicle parts left at the scene
- Documentation of your economic losses
Recovering Damages After a Hit-and-Run
Depending on the nature and extent of your injuries, hit-and-run compensation may include medical expenses, lost income, and money to repair or replace damaged property.
Beyond physical injuries and financial burdens, hit-and-run victims often experience significant emotional distress. The feeling that someone harmed you and failed to take responsibility can cause anxiety, anger, and a sense of injustice. The emotional impact of hit-and-run accidents is real and may warrant compensation as part of your claim. Professional counseling can help you process these feelings, and the cost of therapy may be covered by your settlement.
Time Limitations for Legal Action
South Dakota imposes a three-year statutory time limit for personal injury claims, including hit-and-run accidents. If the authorities identify the at-fault party, you must file a lawsuit within three years of the incident or lose your right to pursue legal recovery.
However, other deadlines may apply depending on your situation. For example, if the at-fault driver worked for a government entity, you might need to provide notice within 180 days. Additionally, insurance policies often require “prompt” reporting of accidents, usually within days of the incident.
How Turbak Law Office, P.C. Can Help
Getting through the aftermath of a hit-and-run accident requires legal knowledge and experience. Our Watertown car accident lawyers from Turbak Law Office, P.C. can:
- Conduct a thorough investigation to help identify the driver
- Work with law enforcement to gather and preserve evidence
- Handle all communications with insurance companies
- Calculate the full value of your losses
- Negotiate maximum compensation through your uninsured motorist coverage
- Represent you in court if necessary if the hit-and-run driver is identified
We’ve been fighting for the rights of accident victims in Watertown since 1982. Our firm will work tirelessly to secure the compensation you deserve.
If you’ve been injured in a hit-and-run accident, contact us online or call us today at 605-886-8361 for a free consultation.