What Evidence Is Needed To Prove a Hit and Run Car Accident?

Nothing is more frustrating than finding yourself the victim of a hit-and-run motor vehicle accident. Gathering evidence becomes crucial so that you can locate the at-fault driver. Conversely, deciding to leave the scene of an accident may have been your decision at the moment. However, now you need to understand your legal options and the potential consequences of your actions.

What Is a Hit and Run Driver?

A hit-and-run is committed when someone involved in an accident does not stay at the scene of an accident. “A hit-and-run accident is known in the parlance of auto practitioners as a phantom vehicle accident. The striking driver and the vehicle are never adequately identified,” says Mark Tanner, a personal injury attorney at Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig in Philadelphia, PA, who represents injured accident victims.

The exact definition of a hit-and-run driver varies from state to state. However, one common element among all states is that fault does not matter. You can be guilty of hit-and-run driving whether or not you caused the auto accident.

Many states require you to exchange contact information or insurance information. Some states also assign you the duty to render aid to an injured person. There are some exceptions to this. For example, in Florida, you could be guilty of a hit-and-run if you do not leave the accident scene but refuse to provide your insurance information.

Generally, you can legally leave the accident scene after exchanging information. However, if someone is injured, you should stay until emergency medical arrives to render medical attention and law enforcement arrive. The police officer will then give you the go-ahead to leave once he has completed his report.

There are some exceptions to hit-and-run laws. For example, some states allow you to temporarily leave the accident scene to seek medical treatment for those injured in the accident. In this situation, you don’t have the willful intention to leave and not come back. You are also actively fulfilling your duty to render aid.

Criminal and Civil Liability for Hit and Run Cases

The same civil liability for causing an accident applies when you hit and run. You will still be liable for a personal injury claim if identified and located. This could include medical expenses, property damage, or pain and suffering.

You may also face criminal consequences for committing a hit-and-run. Often, drivers choose to run after an accident because they do not have the required driver’s license, registration, or auto insurance. However, this only adds to their problems. In addition to uninsured motorist penalties, they will have even more legal issues.

If you are the victim of a hit-and-run, you will need to decide if you want to pursue a civil claim. The state prosecutor will be the one to pursue criminal charges. Civil and criminal courts operate independently, so you can file your claim while the state pursues its case.

The criminal charges that a hit-and-run driver could face depend on the state and the specific circumstances of the accident. In many states, it is a misdemeanor. However, if the damages are over a certain value or there are fatalities, you could face felony charges.

What You Should Do After a Hit-and-Run Accident

What you should do after a hit-and-run accident will depend on whether you are the driver leaving or staying. If you commit a hit-and-run, your first action should be to return to the accident scene. While you may not avoid the penalty for leaving, you will not worsen your situation.

If you are the driver who stayed, you need to act quickly to gather evidence. Try to take note of every detail you can about the other driver and their vehicle. This could include the driver’s features, the vehicle’s make and model, or the license plate number.

Contact law enforcement and report the accident so that a police officer can come out and write an accident report. Your next step is to notify your insurance company. You can file a claim if your insurance policy includes uninsured motorist coverage. Depending on the severity of the accident, you may decide to pay for your vehicle repairs out of pocket.

You may then decide to contact an experienced attorney. Having legal representation can help you understand your legal rights and possible avenues for recovery.

Types of Evidence Resulting from Hit-and-Run Accidents

You will need to gather as much evidence as possible to prove your claim of a hit-and-run against someone. You may have witness statements from other drivers or individuals who saw the accident take place. You could also have a police report from the officer or statements from the first responders at the scene.

However, the most compelling evidence is physical. This will include any pictures or videos you have of the other driver and their vehicle. It could also include your vehicle damage or evidence from the accident scene. Perhaps there are skidmarks, remaining debris, or property damage. There could be vehicle paint transfer from the leaving vehicle.

Evidence like surveillance footage can also be a valuable resource. In today’s world, cameras are almost everywhere, so there is a good chance that a traffic camera caught the accident. There could also be a local business with security cameras. You will need to act quickly, though. Many surveillance cameras are a part of a rolling memory system where footage is lost after a certain amount of time.

In cases of hit and run where there are severe injuries or fatalities, law enforcement may perform forensic evidence gathering, such as fingerprints or DNA evidence.

What Do You Need To Convict Someone of a Hit and Run?

Several elements must be proven to criminally convict someone of a hit-and-run. The evidence you gather will need to support these elements:

• The accident occurred;
• The individual was the one driving the vehicle at the time of the accident;
• They knew or should have known about the accident;
• They willfully left the accident scene; and
• You suffered injury or damage as a result of the accident.

“If you have no information—perhaps it was at night, and you can’t describe any aspect of it—you’re going to be unsuccessful,” says Tanner. “If there’s a witness or somebody who can describe the vehicle, or you got a plate number or surveillance video, you have a greater chance of identifying that person.”

Difficulty of Proving a Hit and Run

Proving someone is guilty in hit-and-run cases can be difficult. To convict someone of a criminal offense, the prosecutor must prove beyond a reasonable doubt that the individual committed the act. This can be challenging because you need to prove that the individual was the one behind the wheel when the accident happened.

In many situations, there is a lack of physical evidence, which leaves you dependent on witness statements. These statements aren’t always reliable and can conflict with each other.

There could also be a civil case where you file a claim against the other party. While the burden of proof is lower, being the preponderance of the evidence, it can still be challenging to recover. To have a successful civil claim against a hit-and-run driver, you will need to prove four elements:

1. The other driver owed you a duty of care;
2. The other driver breached that duty;
3. The driver’s breach is the cause of your injuries and damages; and
4. You suffered injury and damage.

Learn more about proving negligence in personal injury claims.

Find an Experienced Personal Injury Lawyer

While finding legal recourse can be challenging after a hit-and-run accident, it is still worth speaking to a lawyer for a case evaluation. As the victim, a personal injury attorney can help you understand your legal rights. In contrast, you may be the one who committed a hit-and-run. In this situation, you may need a lawyer to defend you in a civil case or when facing criminal charges.

Visit the Super Lawyers directory to search for an experienced personal injury attorney. For more information on these legal issues, see our overviews on motor vehicle accidents and types of traffic ticket penalties.