A hit and run accident is basically described as an auto accident where the at-fault party leaves the scene without fulfilling their legal obligations. In Massachusetts, the law stipulates that after an accident, both drivers should share their contact information, license information as well as insurance details.
All the details provided should be correct, failure to provide correct information can lead to the accident being classified as a hit and run. If you are involved in an accident and the at-fault driver flees without providing the information above, then you can lodge a hit and run lawsuit against them and claim compensation for any injuries, losses or property damage that you got during the accident.
Sadly, hit and run cases have been on the rise in Massachusetts. Victims of hit and run cases do not often pursue justice from the at-fault driver simply because they do not know the identity of the offender. Even if a driver flees the scene, as a victim, you can still get justice from the offending party. Your journey to getting justice usually begins the moment that you contact the police and a skilled Brockton hit and run lawyer in Massachusetts like Robert C. Shea.
At the Law Office of Robert Shea, we have extensive experience investigating hit and run cases and lodging highly successful compensation claims on behalf of victims like you. Whether the accident resulted in property damage, debilitating injuries to you or your passengers, or, a wrongful death, we have the skills and experience needed to assist you to bring the at-fault driver to book. If you have been involved in a hit and run accident give out car accident lawyers in Brockton a call on 508-506-5681 and let us get you justice for all your suffering and losses.
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Top Reasons Why Hit and Run Drivers Leave The Scene Of An Accident
Every hit and run accident case we have come across over our many years practicing law has been unique in its own way. Based on the data we have collected so far, we have identified why most hit and run drivers flee the accident scene. They include:
- The driver did not realize that they had an accident
- The driver did not have a comprehensive insurance policy as required by law
- The driver had a prior record and they did not want to be arrested by the police
- The driver does not have proper documentation papers
- The driver was under the influence of controlled substances at the time of the incident
- The driver was using a stolen vehicle
- The driver panicked
- The driver left to get medical assistance for the victims at the scene of the accident
No matter the reasons for leaving the scene, if the at-fault driver did not fulfill their legal obligations, you can lodge a hit and run case against them.
Given that the description of a hit and run incident can be broad, it is best that you call our seasoned Massachusetts hit and run lawyers to represent your interests and protect your right to justice immediately after your accident.
What Should I Do If a Hit and Run Driver Leaves The Scene Of The Accident?
The first thing that you should do is to call 911 immediately. It is important to get the police at the scene immediately so that they can preserve all evidence left behind after the accident. Alerting the police promptly will also allow them to pursue the offender quickly.
Next, ensure that you get medical attention immediately. If there are any other injured passengers at the scene, ensure that you help them. Even if you are feeling fine immediately after the accident, get a comprehensive check-up later to ascertain that you have not sustained any internal injuries.
If you can still move around after the accident, document the scene by taking videos and photos. Additionally, collect the contact information of other individuals at the scene who may have witnessed the accident. The evidence that you collect will be crucial in bolstering your hit and run case and compensation claim later.
Lastly, ensure that you contact a lawyer immediately. Your lawyer will take charge of preserving the evidence you have collected and they will immediately get started on crafting a formidable compensation claim against the at-fault driver.
What Damages Can I Get After Lodging a Hit and Run Claim in Massachusetts?
The types of damages that you are awarded in a Massachusetts hit and run claim vary depending on the facts surrounding your case. When awarding damages, the court will look at the severity of your injuries, losses that you sustained as a result of the accident as well as the actions of the at-fault driver before and after the accident.
The common types of damages awarded in Massachusetts hit and run claim cases include:
These may include:
- Lost income when recuperating
- Future loss of income due to injuries
- Medical expenses
- Future medical expenses
- Burial expenses in case the accident led to a wrongful death
- Loss of economic support to dependents in case of a wrongful death
These may include:
- Compensation for pain, suffering and emotional distress
- Loss of consortium and moral support for dependents in case the accident led to a wrongful death
This compensation is usually awarded against the at-fault driver if they acted with extreme prejudice before and after the accident. This form of compensation is usually meant to deter the offender from repeating similar actions in the future.
There is no cap on the amount of damages you can receive on lodging a hit and run claim in Brockton, MA. On contacting us, our lawyers will carefully review your case and help you determine the right amount of compensation you should claim based on the unique facts surrounding your case.
How Long Do I Have To File a Hit and Run Claim in Massachusetts?
On being involved in a hit and run accident, there are several deadlines that you must keep if you want any hope of filing a successful hit and run claim in Brockton, MA. They include:
- Even if you cannot identify the hit and run driver, you must inform the State DMV and the police of your accident within 5 days from the time the incident occurs
- If you learn the identity of the hit and run driver, you must lodge your hit and run claim within 6 months from the time you get this information
- You must lodge your hit and run claim within 3 years from the time of the accident. If three years elapse before you lodge your claim, you cannot pursue a claim against the at-fault driver ever again.
Why Should I Hire a Skilled Brockton Hit and Run Lawyer?
Hit and run laws can be complicated. Your best bet to successfully navigate the legal intricacies in a hit and run claim lies in hiring adept hit and run attorneys like our team at the Law Offices of Robert C. Shea.
If you have sustained injuries and are recuperating in hospital or you are grieving because of the wrongful death of a loved one in a hit and run accident, our team of lawyers will take charge of the process of getting you justice. We will peruse police reports, gather evidence, speak to witnesses and then move ahead with crafting a strong hit and run claim on your behalf.
If the at-fault hit and run driver and their insurer are willing to negotiate for an out-of-court settlement for all your losses, we will negotiate on your behalf with them. Rest assured that we will use our extensive negotiation experience to get you the maximum settlement possible. If the at-fault driver is not willing to accept responsibility for their actions, we will represent your interests before a court of law and ensure that justice is served.
Remember that the State of Massachusetts uses the law of modified comparative negligence when determining fault in hit and run cases. This means that your overall compensation may be reduced to reflect your level of fault in causing the accident. It is highly likely that the at-fault driver and their insurer will try to prove fault on your part so as to reduce your overall compensation amount. However, our lawyers will use their extensive litigation experience in hit and run claim cases to ensure that your right to fair and just compensation is protected.
Call The Law Office of Robert C. Shea To Get Justice For Your Hit and Run Claim!
A hit and run accident can result in severe injuries, loss of life, property damage, and other severe losses. The stress that comes with being involved in this type of accident may be compounded given that you may not be able to immediately identify the at-fault hit and run driver.
At our law firm, we specialize in helping aggrieved hit and run accident victims like you get justice from the offending driver as well as full compensation for any losses that you incur in the accident. Over the years, we have gotten huge settlements for our clients and helped curb these accidents by bringing the at-fault drivers to book.
Do you want to remove hit and run drivers who are a menace to other road users from Massachusetts roads? Do you want justice and full compensation for all the losses you sustained in a Brockton hit and run accident? We can help! Simply give our personal injury attorneys a call on 508-506-5681 or fill out the contact form to schedule a free consultation.