Every year, thousands of pedestrians are struck while crossing in a crosswalk in Jackson. Most drivers stop and help the injury victim in this scenario. However, a few drivers decide that leaving the scene of the accident is more important than assisting an injured pedestrian. When you are hurt in a crosswalk accident by a hit and run driver, you are put in a complicated legal and financial situation. It’s essential to know your rights and legal options so you can recover after a devastating accident.
For over 25 years, the Jackson pedestrian accident lawyers at Giddens Law Firm have helped countless injury victims following a hit and run accident. We understand how complex these cases can be and will ensure you receive compensation for your injuries. Call today for a free consultation.
The Dangers of Hit and Run Accidents in Mississippi
Hit-and-run accidents at crosswalks are a violation of both traffic regulations and basic human decency. In Mississippi, it’s a crime to leave the scene of an auto accident. If found, the driver will face fines and jail time for up to 20 years.
Hit and run accidents usually occur on weekends, particularly Fridays, and late evening/early morning hours. Although most hit and run incidents occur in parking lots, rural areas, and near homes, crosswalk accidents are also a significant area where accidents happen. State Street and Capitol Street intersection, areas near the Jackson Medical Mall, and crosswalks along High Street have all seen their share of these devastating incidents.
Why Do Drivers Leave Following a Crosswalk Accident?
Knowing why drivers run away can help prevent these accidents and find the responsible party. Some common reasons a driver leaves the accident include:
- Driving Under the Influence: The most common reason for hit-and-run crosswalk accidents is driving while drunk or high. Impaired drivers sometimes panic and run away to avoid getting charged with DUI on top of the accident.
- Uninsured Motorists: Many drivers who flee the scene are also uninsured and fear the financial consequences of causing an accident without insurance.
- Trouble With the Law: Some drivers have outstanding warrants or other legal problems that make it unsafe to talk to the police.
- Distracted Driving: Some people were distracted by texting, changing the radio, or eating, and ran away out of humiliation or fear of getting into more trouble.
- Commercial Drivers: People who drive commercial vehicles, such as delivery drivers, might run away because they fear losing their job or putting their company at risk of a lawsuit.
What to Do Right Away After a Hit and Run
If a driver hits you while you’re crossing the street and flees, what you do next can affect your recovery. Always prioritize seeking medical assistance. Call 911 immediately and don’t refuse medical treatment, even if the injuries don’t look serious. Adrenaline can hide significant injuries, so it’s essential to keep track of any medical attention you get right away for any future claims.
While you wait for emergency services, attempt to get as much proof as you can:
- Write down everything you can about the car that ran away, like its color, make, model, and even part of its license plate number.
- Find witnesses and get their contact information before they leave.
- Take pictures of the accident scene, your injuries, and any debris from the car.
- Look for security cameras at businesses or traffic lights nearby.
Mississippi law says that any collision that results in an injury must be reported. This is especially true for hit-and-runs. The report creates an official incident record, initiates the investigation, and provides you with the documentation necessary for insurance claims. You must also call your car insurance company, even if you were the victim.
What Compensation is Available After a Crosswalk Accident With a Hit and Run Driver?
A hit and run can be a complex case, but you still have choices as to compensation. Most of the time, your uninsured motorist (UM) policy will cover accidents that happen to pedestrians if you carry car insurance. This insurance can assist in paying for medical bills, lost wages, and pain and suffering. Many don’t know that this coverage applies when they’re not in their car, so even as a pedestrian, your car insurance will be your first defense.
Mississippi also offers a Crime Victims Compensation Fund. Through this fund, you may be able to get money to pay for medical bills, missed earnings, and therapy. This fund exclusively serves victims who may lack alternative options.
Your renter’s or homeowner’s insurance may also provide coverage. Some plans cover injuries while walking, even if the driver is unknown. Finally, your health insurance will pay for medical care, but you may have to pay a deductible and co-pays. If your car insurance covers medical payments, it can immediately help with these costs.
If you have any questions about how to receive compensation after a hit and run accident, contact a Jackson car accident lawyer at Giddens Law Firm for a free consultation.
Finding the Driver That Caused the Accident
Law enforcement has improved its methods for finding drivers who leave the scene of an accident. Traffic cameras and computerized license plate readers leave a digital trail that investigators can follow. Analysis of paint transfer and vehicle debris left at the site can help identify the exact brands and models of automobiles.
People often post on social media about damage to their cars or comment in ways that unintentionally give away their involvement, making it a vital tool for investigations. Crime Stoppers tips from the public are still one of the best ways to solve hit and run crimes. Often, police catch drivers days or weeks after the accident when they go to get their car fixed.
If you find the motorist, you can file a personal injury claim against them directly. Mississippi law lets you get punitive damages in hit-and-run situations in allows you to receive punitive damages in cases of hit and run incidents. Know that leaving the scene of an accident is a crime and that the criminal system should punish the person even more.
Evidence Needed to Build Your Pedestrian Accident Case
A compelling personal injury case is still essential even if the driver isn’t located immediately. Keep all of your treatment-related medical records, bills, and receipts. Follow all of your physicians’ advice about treatment. Insurance companies often lower payouts if you miss appointments or don’t follow their medical advice. Write down how your injuries affect your daily life, such as missing work or not being able to do things you used to love.
Witness testimonies are far more critical in hit and run accidents. Their remarks on the car and driver can help you find them and back up your story. These witnesses might have seen the vehicle before or after the crash, or seen things you didn’t.
Experts who specialize in accident reconstruction can be highly beneficial in situations involving hit-and-run incidents. They can tell what kind of car was involved based on the crash’s injuries, the debris, and the physics. Even if the other driver isn’t there, this expert testimony can help your case.
Time Limits on Personal Injury Claims
You have three years from the accident date to file a personal injury claim in Mississippi. But claims against your insurance provider may have substantially shorter deadlines. For example, some insurance companies only give you 30 days to provide notification of a claim. Don’t wait for insurance providers; they only give you 30 days to provide notification of your claim compensation. The criminal investigation into the hit and run may go on long after your civil deadlines have passed.
Why should you file a personal injury claim right away? Here are a few reasons why:
- Evidence will disappear quickly, and witnesses’ memories deteriorate over time
- Insurance companies might not pay claims made after their deadlines
- The criminal case doesn’t affect your civil lawsuit for damages
How to Move On After a Hit and Run
Getting hit at a crossing is terrible enough, but having the driver run away is far worse. It takes a long time for the physical wounds to heal, but the mental scars from being left hurt in the street can stay even longer. Many people who have been in hit and run accidents are scared to cross the street, angry about how unfair it is, and frustrated with how hard it is to be paid.
Although the criminal justice system goes after drivers who run away, you can still seek civil recompense for your injuries. Mississippi law gives you a lot of ways to get money back, even if the process is more complicated than a normal accident claim. A good personal injury lawyer can handle the insurance problems, work with the police on their investigation, and ensure you get a fair amount of money, even if the motorist is never located.
People who are hit and run victims frequently feel alone and helpless, but you don’t have to deal with this alone. If you get the right legal advice, you may focus on getting better while your lawyer fights for your rights. Don’t let a cowardly driver running away stop you from getting the help and money you need.
Act quickly if you’ve been hurt in a hit and run crosswalk accident in Jackson or any other part of Mississippi. Contact a Jackson pedestrian accident lawyer at Giddens Law Firm today to start your claim and get the compensation you deserve.