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Michael J. Doyle, Attorney At Law Michael J. Doyle, Attorney At Law
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Evidence Needed to Substantiate a Hit-and-Run Case


Can I Sue After a Hit-and-Run Accident?

Yes. You can file a claim through your own insurance if you have uninsured/underinsured motorist coverage, which compensates you for damages caused by drivers without insurance or insufficient coverage.

Additionally, it's possible to pursue a personal injury lawsuit against the identified driver in an attempt to gain compensation for medical bills, wage loss, emotional distress, and other related damages. However, this course of action hinges on the identification of the driver, a task that can prove difficult, particularly in hit-and-run cases.

Types of Evidence Need in Hit-and-Run Personal Injury Case

Should you pursue a personal injury claim, you will need evidence to substantiate your claim and prove the four elements of negligence:

  1. Duty of care. This refers to the fact that the other driver had a legal responsibility to behave prudently given the situation. On the roadways, every driver has this obligation towards one another to adhere to traffic regulations and operate their vehicles safely.
  2. Breach of duty. Here, you need to demonstrate that the other driver violated their duty of care. This could involve actions like speeding, distracted driving, running red lights, or driving under the influence.
  3. Causation. You must establish a direct link between the other driver's breach of duty and your injuries. This means proving that their actions were the actual and proximate cause of your harm.
  4. Damages. Finally, you need to show that you suffered actual damages because of the accident. This can include medical expenses, lost wages, pain and suffering, property damage, and other losses.

Some of the evidence that can strengthen your claim include:

  • Photographs. Take pictures of the damage to your vehicle, skid marks, debris, traffic signals, and any other relevant details.
  • Surveillance footage. Check for nearby security cameras or traffic cameras that might have captured the incident.
  • Statements. Encourage witnesses to write down their recollections of the event as soon as possible, including details about the hit-and-run vehicle and driver.
  • Medical records. Document any injuries sustained and obtain medical records as evidence.
  • Lost wages. Keep documentation of missed work and lost wages due to the accident.

Remember, the burden of proof lies with you, the injured party, to demonstrate these elements by a preponderance of the evidence. This means you need to provide convincing evidence that makes it more likely than not that your claims are true.

Get Legal Counsel

At Michael Doyle, Attorney at Law, we listen, we understand, and we work relentlessly to advocate for your rights. For us, every client is unique, and every case tells a different story. Should you or a loved one suffer injuries in a hit-and-run car accident, we are here to advise you of your legal rights and options.

Schedule an initial consultation by calling (505) 219-2176 today.