A hit-and-run occurs after an accident and the negligent party leaves the scene of an accident and does not remain until authorities come to the scene or insurance information is exchanged with the other driver, which is a crime in the State of Mississippi. Almost always, the negligent party will flee the scene, usually, because they were at fault, they were scared, under the influence or may have warrants for their arrest.
If you or a loved one were involved in an accident with a hit and run driver, you should seek legal help immediately. An Ocean Springs hit and run accident lawyer could investigate your crash and help you find the fleeing driver. With the help of a car crash attorney, you may be eligible to recover compensation for your damages.
Being under the influence is common in hit and run accidents. If the person is under the influence, then they will be more inclined to leave the scene. The negligent driver may be under the influence and want to avoid the consequences of their actions. Additionally, it is very common to see bicyclists and pedestrians sustain severe injuries and even death in a hit-and-run accident.
In many hit-and-run cases, an attorney may be able to track down the negligent party, simply by having witnesses, either from the victim or from others at the scene. Almost always, there is a description of the vehicle, but it can be extremely difficult to track down people that flee the scene of an accident. Sometimes the witnesses may actually see the driver through the vehicle and give a good description of the driver, which can help track the person down.
Additionally, if a good description of the vehicle and other identifying aspects is not available, then it can be extremely difficult to track the person down. Authorities will usually put what is called a BOTLO (Be on the Look Out). Be on the lookout for a certain type of vehicle that fits the description of the accident.
When those persons are finally identified, then they are usually brought in for criminal prosecution by the local authorities, either Ocean Springs or Jackson County. And during the criminal prosecution, an attorney may be able to get information about whether they had insurance or what their assets are so that there could be a recovery.
Economic damages are readily identifiable damages such as property, medical, or lost wage damages. Non-economic damages are not easily quantifiable. This could include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.
Punitive damages are only available in car accidents when there is what is called either gross negligence or intent to harm. It is really difficult to prove intent to harm unless that person acted with the specific intent to harm another individual involved or the victim. For example, drivers could intentionally go through stoplights, stop signs, or a hit-and-run case where damage would result from the negligent person’s conduct. Another common example is excessive speeding cases where the person is going well outside the spectrum of common speed for the community or area in which they are traveling, weaving in and out of traffic or doing something else that was extremely negligent that harm was inevitable. Punitive damages, which are damages that are meant to punish the wrongdoer. Punitive damages are usually not covered by insurance, and so they get added on to a judgment.
There are many things a lawyer could do to help following a hit and run accident. This include tracking down witnesses. The witness statements are the most important thing in a hit-and-run accident. Witnesses are in a better position to explain their version of the accident. A lawyer could gather those statements, recover any other type of evidence or identifying information to identify the person involved in the hit-and-run. Call today to learn more about how an Ocean Springs hit and run accident attorney could help your case.