Hit and Run Accident

Being hit by another driver in San Antonio is a scary and frustrating experience. The situation could go from bad to worse if you see the offending motorist speed off without stopping to render aid or exchange information. Recovering compensation from a hit-and-run driver can be difficult and time-consuming, especially if the police can’t identify the at-fault motorist. That’s why it is important to have an experienced attorney by your side if someone has hit your vehicle and then fled the scene. Working with an experienced San Antonio hit-and-run accident lawyer from Law Offices of Troy A. Brookover can help to ensure that you benefit from the compensation and justice you deserve.

For more than 30 years, Troy has committed its efforts to serving injured people in San Antonio, Central, and South Texas. He is prepared to do everything we can to demand the full and fair compensation that our injured clients deserve. And because Troy previously worked as an insurance defense lawyer, he is uniquely positioned to understand how key players in the legal “game” operate. This is an insight that can be particularly valuable when handling hit-and-run cases. Troy’s 30 years of experience and dedication to his clients are just two of the reasons why he has earned a distinction extended to less than 7 percent of all lawyers practicing in Texas: Board Certification by the Texas Board of Legal Specialization.

If you are the victim of a hit-and-run in San Antonio, get the legal help you need to pursue the compensation you deserve for your injuries and losses. Contact Law Offices of Troy A. Brookover today for a free consultation with a dedicated and reputable San Antonio hit-and-run accident lawyer.

San Antonio Hit and Run Laws

Under the Texas Transportation Code, a driver involved in an accident that results or likely results in injury or death, or damage to another vehicle, must immediately stop as close to the scene of the accident as possible without obstructing traffic, or must immediately return to the scene of the accident. The driver must also remain at the scene of the crash until they provide the other driver or drivers with:

• Their name and address
• The registration number of their vehicle
• Their insurance information

If the driver strikes an unattended vehicle and cannot locate its operator or owner, the driver must leave this information and a statement of the circumstances of the accident attached to the vehicle.

A driver must also show the other motorist their driver’s license, if requested. Finally, a driver must also provide reasonable assistance to any other person who has suffered injury or is experiencing medical distress, including arrangement for transportation to a hospital or doctor’s office.

Failing to comply with the duty to stop at the scene constitutes a third-degree felony if the accident results in bodily injury or death, or a Class C misdemeanor if the accident only results in damage to another vehicle (upgraded to a Class B misdemeanor if the cost of damage exceeds $200).

What’s the Difference Between a Criminal Case and a Civil Case Against a Driver Who Fled the Scene?

When a driver flees the scene of a motor vehicle accident, the police and local prosecutors may choose to file criminal charges against them for violating their statutory duty to remain at or immediately return to the scene of an accident. If convicted, the driver may face penalties that include fines and jail or prison time, depending on the circumstances of the accident.

If the driver who fled the scene of the crash was at fault for causing it, then anyone who was injured as a result may be entitled to file a civil claim against them to recover compensation for past and future losses, provided the driver is identified.

Finding the Responsible Party After a Hit and Run in San Antonio

In Texas, any driver who is found to be at fault for a car accident is legally liable for compensating the other party or parties for their injuries and losses, as long as they are more at fault for the injurious circumstances than the others in question are. But, holding a negligent, reckless, or intentionally dangerous motorist accountable for their actions can be difficult if they flee the scene without providing their contact information.

If possible, try to remember the description of the vehicle that fled the scene of your accident, including its license plate number, its make, model, and color, and any other notable features. Investigators may use this information to identify the hit-and-run driver, as well as:

• Surveillance or traffic camera footage indicating the direction in which the fleeing vehicle traveled
• Eyewitness testimony about the incident
• Public reports asking anyone with knowledge of the vehicle or its driver to come forward

What You Need to Know About Pursuing Compensation After a Hit and Run Accident

If you have been hurt due to a hit and run accident, you potentially have several options for securing compensation for your medical bills, lost income, and other losses:

From the hit-and-run driver, if they are found

If the driver who fled the scene is located, you could file a civil lawsuit against them, presuming their conduct caused the accident or contributed to the causes of the crash.

From your own insurance

If the hit-and-run driver is not located or if they don’t have sufficient insurance coverage to compensate you, you could potentially file a claim through your own insurance policy’s personal injury protection (PIP) coverage. Doing so could provide you with compensation for your medical bills and other financial expenses or losses. Texas law requires that all auto insurance policies provide at least $2,500 in PIP coverage, although you may have opted to purchase a higher limit.

Alternatively, you can file a claim to recover all of your financial and personal losses from your insurer if you have accepted optional uninsured motorist coverage. Although uninsured motorist coverage usually applies when an at-fault driver lacks the insurance coverage required by Texas law, it can also apply in a hit-and-run accident if the at-fault driver cannot be located.

How a San Antonio Hit and Run Lawyer Can Help You

If you have been involved in an accident with a hit-and-run driver, an attorney from Law Offices of Troy A. Brookover can help you recover the compensation you deserve by:

• Thoroughly investigating the accident to determine what happened and who can be held liable for the harm that you have suffered
• Working to locate the at-fault driver
• Documenting your losses, including your future anticipated expenses from continued medical treatment or from permanent disability
• Filing insurance claims on your behalf, potentially with your own PIP or uninsured motorist coverage provider
• Taking your case to trial if that proves to be the best way to get you the full compensation you deserve

What Compensation Can You Recover for Your Hit-and-Run Accident Injuries?

If you’ve been injured by a hit-and-run driver, you may be entitled to seek financial recovery for expenses and losses that you sustained as a result, including:

• Medical and rehabilitation expenses
• Lost wages or income if you are temporarily or permanently disabled
• Physical pain and anguish
• Emotional distress and loss of enjoyment and quality of life
• Repair costs or reimbursement for the value of your vehicle if it was totaled

How Long Do You Have to File a Hit-and-Run Accident Claim in San Antonio?

Normally, the statute of limitations on car accident claims in Texas gives you only two years from the date of a crash to file a lawsuit against the at-fault driver. If you file a lawsuit after the limitations period expires, your suit can be dismissed as untimely by the trial court.

However, in a hit-and-run accident wherein you cannot promptly identify and locate the at-fault driver, the court may grant an extension on the limitations period. You should speak to a San Antonio hit-and-run accident attorney to discuss how long you may have to file a suit, given the facts and circumstances of your case.

How to Protect Your Rights after a Hit and Run Accident

If you have been involved in a hit and run in San Antonio, you can take certain steps to protect your rights for pursuing compensation, including:

• Photographing the accident scene, including the damage to your vehicle, the other vehicle as it leaves the scene, skid marks on the road, and the weather or road conditions
• Promptly seeking medical treatment
• Following your doctor’s treatment instructions and advice
• Gathering copies of bills, invoices, and pay stubs/income records to document the losses you’ve incurred
• Consulting with a San Antonio hit-and-run accident attorney as soon as possible

How Much Does It Cost to Hire a Hit-and-Run Accident Lawyer in San Antonio?

If you have a hit-and-run accident claim, you may be concerned about the cost of hiring a lawyer to help you demand compensation, especially if you haven’t identified or located the driver who hit you. Fortunately, you can hire a San Antonio hit-and-run accident lawyer from our firm on a contingency basis, which means you will not need to pay your lawyer anything upfront to hire them. Troy will only get paid if he can recover compensation for you in a settlement or win your case at trial. If Troy cannot obtain a financial recovery for you, you won’t owe our firm anything. That way, you have no financial risk in pursuing your legal rights with the assistance of a hit-and-run accident attorney.