A hit-and-run accident can cause serious injuries, a damaged vehicle, and emotional distress. As if all of this weren’t stressful enough, you may also feel frustrated by the injustice of a negligent driver fleeing the scene. In Tennessee, it is a crime to leave the scene of an accident. Fortunately, if another driver caused your accident and then fled the scene, you may still have legal options for obtaining compensation for your medical expenses, lost wages, and other losses after a car accident. Read on to hear what a Tennessee car accident lawyer has to say about recovering after these collisions.
Why do drivers flee car accident scenes?
Despite hit-and-runs being a crime that carries serious legal consequences, drivers still flee accident scenes for many reasons, including:
- A lack of insurance: Under Tennessee law, all drivers are required to show proof of financial responsibility, most often by carrying minimum amounts of liability insurance. When drivers have not purchased this insurance, they may flee the scene to avoid the consequences.
- Other traffic law violations: If a motorist violates other laws, such as by driving under the influence of alcohol, they may flee the scene to escape the situation and avoid other legal consequences.
- Panic: Sometimes, drivers may simply panic and make an impulsive decision to leave rather than doing the right thing.
What happens if a driver flees the scene of a crash?
When an accident results in injuries, death, or property damage, drivers are required to remain at the scene of the crash under Tennessee law. Drivers must also provide reasonable assistance to anyone hurt during the accident and report to law enforcement if the crash involves injury, death, or property damage to an apparent extent of $50 or more. Drivers who leave the scene of a serious crash may face criminal charges, civil lawsuits, and lose their license or insurance.
Insurance options after a hit-and-run accident
Unfortunately, there are many instances in which the fleeing driver is never found after an accident. This may make it seem as though it is impossible to obtain compensation for your injuries, but it is not. There are still options available, and they include:
- Collision coverage: Collision coverage is optional insurance you can purchase that can help pay for the repairs to your vehicle, regardless of fault. If the fleeing driver is not found, this coverage may help ensure that your vehicle is repaired, although you will likely have to pay a deductible.
- Uninsured motorist coverage: Uninsured motorist coverage is available if a negligent driver did not carry insurance. It may also apply if you cannot locate a driver who fled the scene (with some limitations). If you have this in your policy, it can provide compensation for your medical expenses and, depending on the terms, damage to your vehicle. In Tennessee, insurers must include uninsured motorist coverage in their policies. Drivers can choose to refuse uninsured motorist coverage, but they must do so in writing. In the case of drivers who have insurance, but not enough coverage, you may be able to rely on your underinsured motorist coverage.
- MedPay: Also optional, MedPay can cover the reasonable medical expenses for you and injured passengers after an accident, regardless of fault.
- Your health insurance: If you have private health insurance or health insurance through your employer, you may be able to turn to this policy to cover your medical expenses.
What to do after a hit-and-run accident
Seeing another driver flee the scene after they have caused an accident is stressful and frustrating. You may feel confused about what to do next. The most important steps to take after being injured in a hit-and-run include:
- Remain calm: Being hit by a driver who leaves the scene of an accident is extremely upsetting. Remember to stay calm so you can take the next steps.
- Check for injuries: Check yourself and anyone else involved for injuries. If anyone is hurt, call 911 for immediate medical help.
- Report the accident: Drivers should report the majority of crashes to the police. However, it is particularly important after a hit-and-run so law enforcement can start an investigation to find the driver who left the scene. Call them as soon as possible and provide as much information as you can about the driver, the model of vehicle, or a partial license plate number.
- Collect evidence: Take pictures of the entire accident scene and of pertinent information, such as a stop sign that the fleeing driver ran. Also, document the road conditions, the damage to your vehicle, and your injuries with photos and video footage.
- Locate witnesses: Ask anyone who saw the crash occur for their names and contact information.
- Seek medical attention: Seeking medical attention can help prevent your injuries from becoming any worse. Medical records also document your injuries, making it harder for the insurance company to later blame them on pre-existing conditions or another accident.
Our car accident lawyer in Tennessee can help with the next steps
Being injured by a hit-and-run driver is extremely frustrating. If the insurance company delays or denies your claim, it will only add to your stress. At Banks & Jones, our Tennessee car accident lawyer can advise on the next steps to take, explain your legal options for compensation, and help you through the process so it is as easy as possible for you. Call us today or contact us online to schedule a consultation and to get the legal advice you need.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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