Michigan Drivers Responsibility: What to Do During a Hit and Run

Type of Vehicle Accident:
The Hit-and-Run

 Motorists need to remain at the scene or go to the nearest police agency or officer. The only exception where you need not stay at the scene is if you have a reasonable and honest belief that staying would result in further harm.

What Should I do If I am a Hit-and-Run Victim?

If you have been involved in a hit-and-run accident, then the first thing you should think of is personal safety and the safety of others. If you have been injured, get yourself to safety as soon as you can. If you are in the road, try to move to the side of the road out of the flow of traffic. If your vehicle has been hit, then try to move your car or truck out of the way as soon as it is practical so that other motorists do not collide with you. It is also helpful in allowing emergency vehicles to access the area.

If you have been injured or see that someone else may be injured, call the police and seek medical attention right away. Getting immediate medical attention can make all the difference if serious bodily injury or death may be of concern.

See if there are witnesses available and take down their names and contact information. They may be able to provide identifying information of the driver such as a license plate number, make / model of vehicle, direction of travel, and driver description, all of which could aid police in finding the driver and help insurance companies process claims.

Contact a car accident and personal injury attorney. An experienced attorney can help you assess the merits of your case and help you figure out what to do next.

You will need to contact your insurance provider. However, wait until after you have spoken to an attorney before calling so that you are prepared to give them necessary information and anticipate future steps.

Causal Factors: Why Hit-and-Runs Happen

Hit-and-run accidents can happen for many reasons. It is also important to consider both parts of why these accidents happen — namely, why the accident happens and also why the driver flees.

The vehicle accident itself may happen for any of the reasons why most accidents happen. Driver inattention; intoxication; drowsiness; cell phone use while driving, including texting or calling; poor road conditions; dangerous weather; speeding; and tailgating are all reasons for collisions.

The reasons why people flee the scene of hit-and-run accidents vary depending on an individual’s circumstances. Someone might flee because they do not personally carry an insurance policy or are uncovered by a family member’s policy. Another person might flee because they were intoxicated and not wanting to face a DUI or OWI. Others might simply panic. No matter what the reason for fleeing, failing to remain at the scene and provide identifying information is a crime. And the punishments can be significant.

The Legal Fix: How Do I Recover for My Injuries?

One major problem in hit-and-run accidents is that if the driver flees and the victim does not have a no-fault insurance policy, then the victim may not receive insurance benefits to cover damages.

If a hit and run victim has a no-fault policy, then he or she could make a claim for medical expenses and lost wages under their own Personal Injury Protection (PIP) insurance coverage. Pain and suffering and emotional distress would not be covered under PIP, however.

The good news is that hit and run victims could still collect compensation for pain and suffering from his or her own uninsured motorist coverage if available. Uninsured motorist coverage treats the hit-and-run driver as an uninsured motorist.

In addition to civil liability, a person who hits and runs would be subject to criminal liability. A person involved in a hit-and run accident that results in serious bodily injury or death could be punished with a maximum 15 years of imprisonment, a a maximum $5,000 fine, or both. If a person hits and runs, and that person is the cause of the accident that results in the death of another person, then the hit-and-run driver may be punished with a maximum 15 years in prison, a maximum $10,000 fine, or both. Hit and runs resulting in less serious injury may be considered misdemeanors punishable by 1 year in jail, up to a $1,000 fine, or both.

Contact our Detroit personal injury law firm today for a free consultation at (313) 965-3464 or fill out our online form. Our compassionate vehicle accident attorneys are here to help you and your loved ones obtain the compensation for their injuries.