Kane County Hit and Run Car Accident Lawyers
If you have been involved in a hit-and-run car accident, you may be traumatized by the events that occurred. Being hit by a car without the driver stopping is a terrible experience as you struggle to get over the shock and receive the medical attention that you need. Or, you may return to your parked car to discover that someone has hit your car, causing damage. You deserve justice. Consider consulting with car accident attorneys in Kane County.
After experiencing a car accident, you may have sustained several injuries. You may have needed extensive medical treatment and may have lost wages as you took time off of work to recuperate from your injuries. You have a right to compensation, but you may not know how to go about seeking the compensation that you deserve. This is where injury lawyers can prove to be beneficial. Consult with an injury lawyer to determine your legal options.
What Is a Hit-and-Run Accident?
Hit-and-run accidents can involve several situations. One kind of hit-and-run auto accident involves a pedestrian who is walking across the street or along the sidewalk and is hit by a vehicle that does not stop to assist the pedestrian that they hit.
For a hit-and-run accident that involves injuries or death, Illinois law states that the driver that is involved in an accident where injuries or death occurs must remain at the scene. If the driver fails to follow this, they may be charged with a Class 4 felony. A failure to notify police of the accident details, such as the location, the time of the event, the names of the drivers, and other personal information, will result in a Class 2 felony. A person who violates these laws may also have their license taken away.
Another kind of hit-and-run accident includes a person returning to their car that is in park only to discover that it has been hit by another vehicle, with the other driver nowhere to be found.
Illinois law states that if a driver causes damage to either an unattended car or property, they must stay at the scene of the accident. They then must locate or leave a note for the owner of the vehicle or the owner of the property. They must give them their personal information, including car insurance information, and they must inform the police of the accident. A violation can result in a Class A misdemeanor and additional fines, or they may serve prison time.
You may find yourself driving and then being hit by another vehicle. Your accident is defined as a hit-and-run if, instead of the other driver stopping to exchange information, they speed away from the scene.
Under Illinois law, if an individual has been involved in a car accident and has caused damage to another car, they are required to stop at the scene of the accident and must remain there until authorities arrive. If someone violates this law, it is a Class A misdemeanor which may result in consequences such as fines or serving time in prison. If damages are expensive, they may have their driver’s license suspended.
Is There a Difference Between a Hit-and-Run and Leaving the Scene of an Accident?
Hit-and-run accidents and leaving the scene of an accident are terms that you may have heard being used interchangeably. You may wonder if they have similar meanings. Both hit-and-run accidents and leaving the scene of an accident refer to the same situation. They both mean that one driver has hit another vehicle, motorcycle, bicycle, or pedestrian but immediately leaves the scene of the accident.
These two terms can both be used to inform the police of the events that happened. A hit-and-run accident simply refers to the type of accident that occurred. Leaving the scene describes a type of crime that took place.
If you’re involved in such an accident on a motorcycle in Kane County, contacting a motorcycle accident lawyer in Kane County can help you understand your rights, navigate the legal system, and seek compensation if you’re a victim of a hit-and-run accident. An experienced attorney can ensure you are adequately represented and can pursue the proper legal channels.
Common Causes of Hit-and-Run Accidents
There are traffic laws and regulations that must be followed in order to maintain your safety and the safety of other cars around you. Those driving recklessly or aggressively are breaking the law. This can look like a driver who is speeding, tailgating, or swerving, as any of these actions put themselves or other drivers around them in danger. Driving under the influence of drugs or alcohol also makes the driver guilty of breaking the law.
Distracted driving is another illegal activity. Distracted driving could result from the driver using their phone while driving rather than paying attention to the road. Distracted driving also means doing any other task that takes the driver’s eyes away from the road. This may include applying makeup in the car, eating, or even talking with a passenger.
If a hit-and-run accident occurs, it is likely that the driver who caused the accident drove away from the accident because they knew that they were at fault. Instead of facing the consequences, they flee the scene, hoping to escape all repercussions. For example, if the driver responsible for the accident was driving under the influence, they know that they will likely be charged with a DUI. As they do not want that on their driving record, they leave the scene of the accident.
Additionally, if a person is uninsured, is underinsured, or does not have a driver’s license and then causes an accident, this may cause them to flee from the scene. Driving a vehicle uninsured or without a license is illegal. Rather than facing legal consequences, the driver responsible may decide to leave the accident scene, hoping to escape those consequences.
Common Injuries Sustained After an Accident
In many cases, hit-and-run accidents result in the victim sustaining injuries. Because the person responsible for those injuries has fled the accident scene, the victim can become overwhelmed with the high cost of medical bills. Also, the injuries the victim has can be traumatically serious, resulting in a lengthy recovery process, which has potential ramifications on their job, finances, etc. Below are a few common injuries associated with hit-and-run accidents.
- Traumatic Brain Injuries: A traumatic brain injury involves a blow to the head that can result in a concussion or, if more severe, could result in brain damage. Other serious brain injuries include a coma, or the victim may have no brain activity at all to where they enter a vegetative state. Serious brain injuries can result in long-lasting injuries and costly medical bills.
- Neck, Back, and Spinal Cord Injuries: These injuries may be mild, such as sustaining whiplash, or severe, such as becoming paralyzed due to a spinal cord injury. Spinal cord injuries are often serious, necessitating surgery, which is both costly and dangerous. Recovering from a neck or back injury is a lengthy process, and the victim may need extensive treatments or follow-up treatments, such as physical therapy, to fully recover.
- Broken Bones: While usually not as serious, broken bones can take time to heal. In some cases, if complications arise, surgery may be required. Infections can sometimes occur as well.
- Burns: Particularly with severe car accidents, there is the possibility of burns. These can be caused by a vehicle catching fire or caused by hot metal, steam, gas, chemicals, or other dangerous substances.
- Internal Injuries: A victim may not immediately know if they have sustained injuries. Sometimes, this may be due to shock or adrenaline; in other cases, the injuries are internal and may not be noticeable for a time. To make sure that no serious internal injuries have occurred, seeking immediate medical attention after the accident is crucial. Internal injuries can become serious if not treated and can result in necessary surgery.
- Psychological Injuries: Serious head injuries can cause psychological injuries, including anxiety, insomnia, or other symptoms. The trauma of the accident itself can lead to post-traumatic stress disorder, flashbacks to the accident, or other psychological wounds.
Next Steps for Hit-and-Run Victims
If you have either been hit by a vehicle that didn’t stop or your vehicle has been hit and you are not sure who caused the damage, then you need to take action to rectify the accident and situation. First, evaluate your injuries or the extent of the damage done to your vehicle. Contact the police and seek medical attention. Even if you do not see visible injuries, it is wise to seek medical attention as a precaution.
Gather all information that you can regarding the accident, such as any information you can find regarding the driver (if possible), photographs, and if there were any witnesses to the accident. Consider consulting with a hit-and-run car accident attorney who can make you aware of your rights and what next legal steps to take. It is also important to contact your insurance company to alert them of the accident.
How a Hit-and-Run Attorney Can Help You
A hit-and-run accident can cause many problems for you, the victim. You may have experienced physical, mental, or emotional damage. Some injuries that you have sustained may be serious enough to warrant a personal injury claim. In some cases, the accident may have been severe enough that you must file a wrongful death claim after losing a loved one in a hit-and-run accident.
You may have experienced a financial loss after the accident due to losing income from not being able to work. Or, you may be facing large medical bills or costly medical treatments. You may also have costly repairs that must be made to your vehicle, or you may need to purchase a new one in the event that your vehicle is declared a total loss by the insurance company.
Having a hit-and-run lawyer on your side can be beneficial in your case in multiple ways. Your lawyer can work with other professionals, such as those who work in forensics or medical witnesses. They can do everything possible to determine the responsible individual. Making use of your lawyer’s knowledge and experience to thoroughly investigate the accident can help the cause of the accident be discovered or verified.
This evidence can then be presented to the court to support your case. Also, your lawyer can help you come to a settlement that is fair for your case, depending on the extent of the damages sustained.
Hit-and-Run Drivers Often Leave Evidence
If you’ve been the victim of a hit-and-run accident, you probably feel very overwhelmed with all of the sudden bills and angry because the person who caused the accident has not taken responsibility for their actions. Thankfully, it is often possible for the hit-and-run driver to be identified, as many times, they may leave behind traces of evidence that a trained legal professional can help uncover.
In some cases, there are witnesses that saw the accident happen and they are able to notify the police of what the driver looked like, or maybe they saw the license plate number, or they can give a description of the driver’s car. In a collision, the car may have left behind traces of paint on the victim’s car, or other parts of the driver’s car may have been left at the scene of the accident.
Sometimes, the neighbors or friends of the driver responsible for the hit-and-run notice sudden damage to their car and later report that information to the police after hearing about a hit-and-run. In rare cases, the driver may even turn themselves in to the police.
Getting a Settlement from a Hit-and-Run Accident
Receiving a settlement from a hit-and-run accident is possible in two different ways. One way involves the police discovering and locating the person who caused the hit-and-run accident. If the name of the person responsible is known, then you can bring a claim against that person’s insurance company. If the person who caused the accident has not been located, then you will have to contact your insurance company to seek compensation.
According to Illinois law, everyone must have a specific minimum of coverage for car insurance coverage for uninsured drivers or underinsured drivers. The purpose of this kind of coverage is to make sure that you are well-covered in the event that an accident occurs with an underinsured or uninsured motorist where you may not have enough insurance money to cover damages. It is also supposed to protect you in the event that a hit-and-run accident takes place.
If you are involved in a hit-and-run accident, you may file this kind of claim with your insurance company. You should then receive compensation that should cover any necessary medical treatments. You may also receive compensation for lost wages, the cost of physical therapy if you need to go on disability, and pain and suffering damages.
When it comes to receiving compensation, there are two kinds: economic and non-economic.
Economic damages include expenses of a monetary value, such as medical costs related to the accident. These medical costs may involve the ride in the ambulance, surgeries, physical therapy or mental therapy, and any visits to a medical specialist. Economic damages also cover any lost wages due to time off of work necessary for recovery.
Non-economic damages do not have a monetary value on them but still cost the victim something in the sense that they suffered a loss of quality of life. These kinds of damages can include pain and suffering experienced as a result of the accident, loss of the ability to earn income, or compensation for permanent disfigurement or permanent disability.
A third type of damages may be included in hit-and-run cases if the person responsible for the accident is identified and located. These kinds of damages are known as punitive damages and are granted as another way of punishing the person at fault due to their negligent actions. Punitive damages are given to the victim if the responsible party has committed a negligent act, such as driving while intoxicated. Unfortunately, punitive damages are not common for hit-and-run cases.
For coverage for vehicle repairs or replacements needed, a collision insurance claim with your insurance company. Insurance policies can be confusing to understand. Additionally, insurance companies tend to pay as little as possible for settlements. Insurance companies are designed to financially protect you, but they may not give you the settlement amount that you deserve. To receive a fair settlement, consider speaking with an attorney who can advocate for your rights.
Calculating the Value of Your Hit-and-Run Accident Claim
When trying to receive compensation for a hit-and-run accident, you want to assess how much your case is worth in order to get the compensation that you deserve. This may be difficult to do without the assistance of a lawyer, however, and so it is suggested that you work with a hit-and-run lawyer to help you put a value on the damages that you suffered due to the accident.
The damages that can have monetary value placed on them include damages to your vehicle, medical expenses, lost wages due to time spent recuperating at home, lower income due to your injuries or loss of future income due to the inability to work, pain and suffering damages, scarring, disfigurement, or a lower quality of life.
Making a Hit-and-Run Claim as a Pedestrian or Bicyclist
Sometimes a hit-and-run accident involves a driver hitting a pedestrian or a bicyclist that flees the scene. When this happens, the victim can still make a hit-and-run claim. If the driver has been caught by the police, and if that driver is insured, then a claim can be made against the driver’s insurance. In some cases, filing a civil personal injury claim may be necessary to obtain the compensation deserved.
A pedestrian or bicyclist who has been injured from a hit-and-run accident can also file a claim with their own insurance company. If the victim has uninsured motorist insurance coverage, then filing a claim with their own insurance company may be the wisest course of action. Pedestrians and bicyclists involved in a hit-and-run also may seek legal assistance and contact a hit-and-run lawyer.
How Long a Hit-and-Run Claim May Take
After a hit-and-run accident, you are likely to face bills related to the accident. If you need medical treatment after the accident, then you may have costly medical bills. You also likely have car repairs to pay for, or you may have to replace your car. If you also need to take time off of work to recover from injuries, you are probably feeling overwhelmed as the bills continue to mount.
There is no exact timeline for when a hit-and-run claim may be completed. Rather, there are several factors that affect the length of time it takes to complete a claim. Typically, it may take 30 days to six months to settle a claim. In the event that your case goes to trial, then it may take up to two years to settle.
There are several time frames that must be adhered to when going through the claim process. First, within a 24-hour window after the accident, it is essential to seek medical treatment. It is important to have your injuries treated and documented as soon as you can. Also, as soon as you can, inform your insurance company of the accident to begin the claim process. Many car insurance companies require that you alert them of the accident within a certain time frame.
Additionally, you must alert the police of the accident within 10 days of your accident. If a wrongful death has taken place as a result of the accident, then you must file a wrongful death claim within two years of the accident. Within five years of the accident happening, you can file a property damage claim in the event that the accident only involved property damage.
Consult With an Illinois Hit-and-Run Car Accident Attorney
When you experience a hit-and-run accident, it is normal to feel emotionally overwhelmed and frightened by what took place. It is a horrific situation to be hit without a driver making sure that you are physically safe or checking if you need any medical care. Finding your car parked but damaged can also feel overwhelming. No matter the kind of hit-and-run accident, you deserve justice. Contact Franks Gerkin Ponitz Greeley for help with your case.
