What is the Hit-and-run Investigation Process?

Drivers have a moral and legal duty to stop and render assistance after a car accident occurs. Sadly, many drivers fail to stop. To hold hit-and-run drivers accountable for their negligent driving and irresponsible behavior, it’s necessary to conduct an investigation to find the owner of the car and the driver (if the owner and the driver are different). The good news is that if you have uninsured/underinsured (UM/UIM) coverage, you can file a car accident claim with your own insurance company.

What laws govern hit-and-run driving in Texas?

Texas law requires that a driver who is in an accident with another driver that causes personal injury, death, or property damage stop. The driver must then provide the necessary information (name, address, registration, and liability insurance information). They must also help anyone who is injured obtain prompt medical care. Drivers may also have a duty to provide their driver’s license information.

Hit-and-run accidents also involve hitting a pedestrian, a bicycle rider, a parked car, an object on the highway such as a barrier, or someone’s property.

If a car accident causes injuries, death, or disabling damage to a vehicle, you are legally required to notify the police, who must file a crash report if they investigate.

There are specific additional requirements depending on where the accident happens (such as where to stop their vehicle and where to move their car if there is a danger of another accident).

The penalties for violating these requirements generally include:

• A misdemeanor if only property damage is involved.
• A possible felony if the accident involves injury or death

The police officer who investigates the car accident should take steps to ensure any victims who need prompt medical care are taken to a local hospital and take steps to prevent any other accidents. The officer should investigate the cause of the accident and obtain everyone’s relevant information (in addition to whatever information has been already exchanged).

Why do drivers hit and run?

By definition of the law, hit-and-run driving laws and lawsuits apply to drivers who flee and to drivers who stay but fail to render assistance or fail to provide correct information. Some of the reasons hit-and-run drivers flee or fail to cooperate include:

• The driver doesn’t have liability insurance
• The driver is in violation of a federal or state law
• The driver is intoxicated or under the influence of drugs, which may mean they don’t even know that they were involved in an accident
• They don’t want the insurance premiums to increase
• They simply aren’t responsible

The hit-and-run investigation

If you’re involved in an accident, then (to the extent you physically can) you should contact the police immediately.

The police officer who investigates the accident conducts a hit-and-run investigation that should obtain the names and addresses of any witnesses and take their statements. Officers may also take photographs or video of the accident site. Of particular importance is asking the victims, witnesses, and anyone else at the accident site if they can provide any information about the hit-and-run driver’s vehicle.

The information about the hit-and-run driver’s vehicle should include the license number, the make and model of the car (or any other type of vehicle), the color of the car, and any other identifying characteristics, including any damage to the car.

Generally, accident victims rely on law enforcement to locate the hit-and-run driver. The main steps are to identify the car (or other vehicle) that the hit-and-run driver was operating. Once the police identify the car, they should be able to run checks through the Texas Department of Motor Vehicles to locate the owner. The owner should then identify the driver if the owner and driver are not the same person.

The police may also speak with local repair shops during the hit-and-run investigation process to see if anyone recently brought in a car, especially a car matching the best description of the car, that has any damage that matches the description of the accident. For example, if your accident involves a rear-end accident, then the police look for cars with damage to the front of the car.

Our investigation

Our San Antonio car accident lawyers help locate drivers by notifying your UM/UIM carrier. This insurance carrier may conduct its own investigation.

We also work with investigators who speak with any witnesses. Our investigators also contact local businesses and neighbors to determine if they have any camera or video footage of the accident.

Hit-and-run drivers should be held accountable for any accidents they cause. While you can file a personal injury claim through your own UM/UIM carrier, hit-and-run drivers need to face consequences. If the police find the hit-and-run driver, the local prosecutor can file criminal charges.

If the police (or our investigators) locate the hit-and-run driver, we can include a claim for punitive damages against the driver. The punitive damage claim is in addition to your claim for all your medical expenses, lost income, pain and suffering, vehicle damage, and all other financial and personal damages.

Our car accident lawyers are ready to help you locate a hit-and-run driver and to file a personal injury or a UM/UIM claim. Call Pat Maloney: Accident & Injury Attorney, or complete our online contact form to schedule a free consultation. Our lawyers represent hit-and-run accident victims on a contingency fee basis. This means that we only receive compensation if there is a settlement or a verdict in your favor.