Do Cops Do Anything for a Hit and Run?

Cops usually don’t do much for a hit and run. The typical hit-and-run crash involves no witnesses and little or no physical evidence. If someone got a good look at the wreck or substantial physical evidence, like part of the defendant’s vehicle, remained at the scene, the driver probably wouldn’t have fled the scene.

Since so little evidence is initially available, and also since so many police investigators believe that car crashes are civil matters that don’t merit police involvement, cops don’t do much for a hit and run. As a result, the victims of these crashes often feel ignored.

A Leesburg personal injury lawyer, on the other hand, never ignores victims. Instead, a lawyer stands up for their legal and financial rights. Standing up for victims is a process, not a result. As outlined below, this process involves a thorough case evaluation, diligent evidence collection, and assertive advocacy.

Legal Analysis of a Hit and Run Accident

To obtain compensation, a Leesburg personal injury attorney must prove negligence, or a lack of care, on behalf of the tortfeasor (negligent driver). Common examples of negligence include:

• Aggressive Driving: Excessive speed may be the most common, and most dangerous, form of aggressive driving. Speed multiplies the risk of a wreck as well as the force in a collision. Other kinds of aggressive driving include tailgating, ignoring a traffic control device, and turning unsafely.
• Operator Impairment: Alcohol impairment is a factor in about a third of the fatal car crashes in Virginia. Alcohol clouds judgement and impairs motor skills, making it impossible to safely operate a motor vehicle. Other kinds of operator impairment include distraction, fatigue, and a serious medical condition.

Since Virginia is a comparative fault state, various defenses may be available in these cases. Comparative fault basically shifts blame for an accident from the tortfeasor to the victim.

Defenses may be technically available. However, most jurors dislike hit and run drivers. So, while the insurance company can meet the burden of proof, it’s often unable to meet the burden of persuasion.

Collecting Evidence in Hit and Run Matters

Identifying the tortfeasor is usually the central issue in hit and run cases. No tortfeasor means no civil case.

Additionally, no driver means no criminal case. Since the burden of proof is so high in criminal cases (beyond any reasonable doubt), police investigators often don’t aggressively pursue these matters, as mentioned above. But the burden of proof in civil court is only a preponderance of the evidence (more likely than not). So, a little evidence goes a long way.

Driver identification is a good example. If someone saw a partial plate number, a Leesburg personal injury lawyer can identify the owner. It’s more likely than not that the owner was driving the vehicle.

Resolving the Case

Most personal injury cases settle out of court. Preparing for settlement negotiations is much like preparing for trial. If a lawyer properly analyzes the case and diligently collects evidence, maximum compensation is usually available.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

Work With a Detail-Oriented Loudoun County Lawyer

Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.