Hit-and-run incidents involving pedestrians are dangerous situations that can cause harm to victims and anxiety in their families. A hit-and-run occurs when a motorist strikes a pedestrian and flees the area without pausing to offer assistance or report the occurrence.
This act is not only morally wrong but also carries significant legal consequences for the driver involved. In this article, we’ll explain what happens legally after a pedestrian hit and run, the possible penalties a driver can face, and what victims should know in the aftermath of such an accident.
What is a Pedestrian Hit and Run?
A pedestrian hit and run occurs when a vehicle strikes a person walking or crossing the street, and the driver flees the scene without providing aid or notifying authorities. The law requires drivers involved in accidents to stop and exchange information with the pedestrian or other involved parties. Failing to do so is a criminal offense, and leaving the scene can make the driver liable for harsher penalties.
In many hit and run cases, the driver’s reasons for fleeing can vary. They might be afraid of the consequences, lack proper insurance, or be driving under the influence of alcohol or drugs. No matter the reason, abandoning the scene only adds to the severity of the offense.
Legal Consequences for the Driver
A hit and run involving a pedestrian is a serious crime that can lead to both criminal and civil consequences. The severity of the legal penalties depends on several factors, including the extent of the pedestrian’s injuries, the driver’s actions, and whether they are eventually caught.
Civil Liability
Apart from criminal penalties, a driver involved in a hit and run can also face civil lawsuits. This means that the pedestrian or their family can file a lawsuit for damages resulting from the accident. These damages may include medical bills, pain and suffering, lost wages, and long-term care if the injuries are severe.
In some cases, the victim’s family may file a wrongful death lawsuit if the pedestrian dies from the accident. The driver could be ordered to pay compensatory damages, which can be substantial, depending on the circumstances.
Increased Penalties for Serious Injury or Death
The legal consequences are even more severe if the pedestrian is severely injured or killed in the hit and run. If the driver causes significant harm or death, the crime may be upgraded from a misdemeanor to a felony. In these cases, the penalties are much harsher and can include long prison sentences, large fines, and additional civil lawsuits. A fatal pedestrian hit and run could result in charges of manslaughter or even murder, depending on the facts of the case.
Why Drivers Flee the Scene?
While it’s difficult to justify leaving the scene of an accident, there are various reasons why a driver might do so. Understanding these reasons doesn’t excuse the act, but it can help shed light on the psychological and practical factors that may contribute to a hit and run.
Fear of Consequences
One of the most common reasons drivers flee the scene is fear. They may be afraid of facing legal repercussions, such as getting arrested or losing their driver’s license. This is especially true if the driver is under the influence of alcohol or drugs at the time of the accident.
Lack of Insurance or License
A driver who doesn’t have valid insurance or a driver’s license may choose to leave the scene to avoid getting caught. In some cases, the driver may fear the financial burden of covering the victim’s medical expenses or the costs of the accident.
Panic or Shock
After causing an accident, some drivers might panic or freeze, making it harder for them to think clearly. In a state of shock, a driver might not immediately realize the severity of the accident or the consequences of fleeing. However, this doesn’t excuse their actions, and the legal system still holds them accountable.
Seek Medical Attention
The first priority after being hit by a vehicle is to seek medical attention. Even if you don’t feel immediate pain, some injuries, such as internal trauma, may not be immediately visible. Prompt medical care is critical for your health and will also serve as documentation for any potential claims or lawsuits.
Call the Police
You should always report a hit and run to the police. They will investigate the incident and work to track down the driver responsible. If there were witnesses to the accident, they may be able to provide helpful details, such as the vehicle’s make, model, or license plate number.
Gather Evidence
If you are able, try to gather as much information as possible at the scene of the accident. Take note of any nearby businesses with security cameras that may have captured the incident. Write down the details of the accident, such as the time, location, and any other important observations that could help identify the driver.
Contact an Attorney
After the accident, it’s advisable to contact a personal injury attorney who can help you navigate the legal process. An experienced attorney can assist in investigating the case, filing a claim, and ensuring you receive compensation for your injuries. Victims of pedestrian accidents may be entitled to significant compensation, with pedestrian accident payouts covering medical expenses, lost wages, and pain and suffering caused by the incident.
The Serious Consequences of a Pedestrian Hit and Run
A pedestrian hit and run is a serious offense that can have life-changing consequences for the victim and severe legal penalties for the driver. Drivers who flee the scene of an accident not only risk criminal charges but also the possibility of being held financially responsible for the damages.
If you are a pedestrian in a hit and run, seek medical attention. Then, report the incident to the police and gather evidence. Understanding the legal consequences and knowing what to do in the aftermath can help protect your rights and ensure that justice is served. For more on this content, visit the rest of our blog!
