Hit and Run Attorney Houston: Your Guide to Legal Representation
Hit-and-run accidents are a distressing reality on the roads of Houston. When a driver involved in an accident flees the scene without providing contact information or aiding the injured, the consequences can be severe. In such situations, hiring a specialized accident lawyer is crucial to navigate the legal complexities, provide evidence of negligence, and pursue accident claims for damages. This is where the expertise of a hit-and-run attorney becomes indispensable, especially if you want to discuss your case in a free initial consultation.
Tripodi Law Firm, based in Houston, specializes in representing victims of hit-and-run accidents. With a deep understanding of Texas laws and a commitment to justice, the firm’s attorneys are dedicated to ensuring that victims receive the compensation and support they deserve.
Understanding Hit-and-Run Accidents
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without fulfilling legal obligations. These obligations typically include providing identification and rendering aid to an injured person if necessary. In the state of Texas, drivers must provide their driver’s license information, along with contact and insurance details, and not possessing a valid driver’s license may contribute to the decision to flee the scene. Hit-and-run accidents can be categorized into several types:
- Involving Pedestrians: When a vehicle strikes a pedestrian and the driver leaves the scene.
- Vehicle Collisions: When two or more vehicles collide, and one driver flees.
- Property Damage: When a driver hits a stationary object or property and does not report the incident.
Common causes of hit-and-run accidents include driving under the influence, lack of insurance, fear of legal consequences, and panic. Regardless of the reasons, leaving the scene of an accident is a criminal offense with serious legal implications.
Houston has seen a troubling increase in hit and run accidents over the years. According to the Houston Police Department, over 26,880 hit and run incidents were reported in 2023 alone. These accidents resulted in numerous injuries and fatalities, highlighting the urgent need for legal intervention and support for victims.
What to Do If You’ve Been Hurt in a Hit-and-Run Crash
If you’ve been the victim of a hit-and-run accident, it’s crucial to take certain steps to protect your legal rights and seek compensation for your injuries and losses. Here’s what to do:
- Ensure Safety: First and foremost, ensure that everyone is safe. If possible, move to a safe location and check for injuries. Call emergency services immediately if anyone is hurt.
- Report the Accident: Contact the police to report the hit and run. Provide them with as much information as possible about the incident, including descriptions of the vehicle and the driver.
- Document the Scene: If it’s safe, take photographs of the accident scene, including any damage to your vehicle and any relevant road conditions. Gather contact information from any witnesses who saw the accident.
- Seek Medical Treatment: Even if you don’t feel injured, it’s important to seek medical treatment immediately. Some injuries may not be immediately apparent but could become serious later. Timely medical attention is crucial for your health and provides critical evidence for personal injury claims.
- Contact a Hit and Run Attorney: Reach out to a hit and run attorney as soon as possible. They can guide you through the legal process and help you understand your rights and options.
Why Hire Hit and Run Attorneys?
Expertise in Navigating Complex Laws
Hit and run cases involve complex legal issues that require specialized knowledge in personal injury law. An experienced Houston hit and run attorney is well-versed in local and state laws, ensuring that your case is handled properly from start to finish. They can help navigate the legal system, ensuring that all necessary paperwork is filed and deadlines are met.
Investigation and Evidence Gathering
A key aspect of a hit and run case is gathering evidence to support your claim. An experienced attorney will have the resources and expertise to conduct a thorough investigation, which may include:
- Collecting Witness Statements: Speaking to witnesses who saw the accident can provide crucial evidence.
- Reviewing Surveillance Footage: CCTV or dashcam footage can be invaluable in identifying the at-fault driver.
- Examining Police Reports: An attorney can review and analyze police reports to ensure accuracy.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize their payouts, especially in hit and run cases, making it challenging for victims to navigate the complexities of dealing with an insurance company. A skilled attorney can negotiate on your behalf, ensuring that you receive fair compensation for your damages, including potential punitive damages and any wrongful death claims. They understand how to handle insurance adjusters and can advocate for your rights.
Legal Representation in Court
If your case goes to court, having a dedicated attorney is essential. They will represent you in legal proceedings, present your case effectively, and work to achieve a favorable outcome. Their courtroom experience and legal expertise are invaluable in protecting your rights.
Texas Requirements to Stop After an Accident
According to Tex. Transp. Code Ann. § 550.021, after an accident involving injury or death, drivers must:
- Stop their vehicle at or near the scene of the accident;
- Ensure they stop their vehicle without unnecessarily obstructing traffic
- Return to the scene if they didn’t initially stop there
- Stay at the scene until they fulfill specific legal requirements.
Hit-and-run incidents are a type of traffic accident with serious legal consequences.
Under § 550.022 of the Tex. Transp. Code Ann., after an accident involving vehicle damage, drivers are required to:
- Stop at or near the scene of the accident without obstructing traffic more than necessary; and
- Remain at the scene until they meet the required obligations.
Suppose the accident occurs on a freeway’s main lane, ramp, shoulder, median, or adjacent area in a metropolitan area, and the vehicles are drivable. In that case, drivers must move their vehicles to a safer location to exchange information without disrupting traffic.
Tex. Transp. Code Ann. § 550.024 mandates that if a driver hits a parked car, they must immediately stop and either find the car’s owner or leave a note with their name and address in a visible place.
Under § 550.025 of the Texas Transportation Code, if an accident involves damage to a fixture or landscaping on or near a highway, the driver must take reasonable steps to locate and notify the property owner or person in charge and provide the necessary information.
Penalties for Leaving the Scene in Texas
In Texas, leaving the scene of a car accident can result in serious penalties, depending on the severity of the incident, especially in hit-and-run incidents.
Accidents Involving Death or Serious Injury
Failing to stop after an accident that results in death or serious bodily injury is a third-degree felony. According to §12.34 of the Texas Penal Code, this offense carries a potential prison sentence of 2 to 10 years and a fine of up to $10,000.
Accidents Involving Injury: If a person leaves the scene after an accident that causes injury, they could face up to 5 years in prison or up to 1 year in county jail, with a fine of up to $5,000.
Accidents Involving Property Damage
- Damage Under $200: If the property damage is less than $200, leaving the scene can result in a Class C misdemeanor, which may lead to a fine of up to $500.
- Damage Over $200: If the property damage is $200 or more, the driver can be charged with a Class B misdemeanor, which carries a maximum fine of $2,000 and a jail sentence of up to 180 days.
Failure to Move a Vehicle After an Accident
In metropolitan areas, if a person fails to move their vehicle to a suitable location after an accident on a freeway, they can be charged with a Class C misdemeanor.
Hitting a Parked Car
- If a person hits a parked car and does not attempt to find the owner or leave a note, they may be charged a Class C misdemeanor if the damage is less than $200.
- If the damage exceeds $200, the charge may escalate to a Class B misdemeanor.
Hitting Fixtures or Landscaping
Similar penalties apply when someone hits a fixture or landscaping along a highway.
- A Class C misdemeanor is issued for damage under $200.
- The offense is a Class B misdemeanor if the damage is $200 or more.
Each offense has significant legal consequences, highlighting the importance of remaining at the scene and complying with Texas laws after any accident.
How We Investigate Hit-and-Run Accidents
Hit-and-run accidents are typically more challenging to handle than other vehicle collisions because the victim lacks crucial information, such as the at-fault driver’s identity, contact details, and insurance information.
At Tripodi Law Firm, our investigation in hit-and-run cases focuses on identifying the responsible driver and gathering all available evidence about the other driver to strengthen your case for a personal injury lawsuit. This evidence can be invaluable if you decide to seek compensation through alternatives like filing a claim under uninsured motorist coverage. Gathering comprehensive evidence is also essential to support a strong insurance claim, which can significantly aid in legal actions against negligent drivers.
Key evidence we gather in hit-and-run investigations includes:
- Police accident reports
- Eyewitness testimonies, including descriptions of the fleeing driver and vehicle
- Dashcam or nearby surveillance footage
- Photographs from the accident scene
- Vehicle damage reports that may reveal clues about the hit-and-run vehicle, such as its make, model, or color.
Compensation in Your Hit-and-Run Accident Case
If authorities identify the hit-and-run driver, you can seek compensation for various losses and injuries sustained in the accident, such as:
- Medical expenses, including high medical bills
- Long-term care costs
- Lost income
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment or quality of life
Even if the at-fault driver remains unidentified, you still have options for seeking compensation for vehicle repairs from your own insurer if you have uninsured motorist coverage. This type of coverage typically applies when the at-fault driver lacks insurance. However, it also covers hit-and-run accidents where the fleeing driver cannot be located, as they are presumed to be uninsured.
What is the Time Limit for Filing a Hit-and-Run Accident Lawyer Claim
In Texas, the statute of limitations for filing a motor vehicle accident injury lawsuit is generally two years from the crash date. However, this period may be extended or “tolled” while you or law enforcement work to identify the hit-and-run driver.
If the driver remains unidentified and you decide to file a claim with your own insurance, your policy may impose a shorter deadline for taking action. It’s important to review your policy’s terms with an experienced attorney as soon as possible to ensure you meet all necessary deadlines.
In such cases, your own insurance company, particularly through Uninsured Motorist (UM) coverage, can play a crucial role by allowing you to seek compensation for damages caused by uninsured or hit-and-run drivers.
Why Choose Tripodi Law Firm?
Expertise and Experience: Tripodi Law Firm’s team of experienced attorneys specializes in hit-and-run cases. They possess a deep understanding of Texas laws and consistently achieve successful outcomes in even the most complex situations.
Client-Centered Approach: The firm prioritizes clients’ needs and well-being by offering personalized legal strategies for each unique case. Their attorneys maintain open communication, keeping clients informed and involved throughout the entire process.
Comprehensive Services: Tripodi Law Firm provides a wide range of services to support hit and run victims, including:
- Initial Consultation: A free consultation to assess your case and provide preliminary advice.
- Investigation and Evidence Gathering: Thorough investigation to build a strong case.
- Medical and Financial Assistance: Connecting clients with medical professionals and financial advisors to manage the aftermath of the accident.
FAQs
What Should I Do Immediately After a Hit and Run Accident?
- Seek Medical Attention: Ensure that you receive appropriate medical treatment immediately after the accident. This is crucial for your health and for documenting injuries that may require financial compensation.
- Report the Incident: Notify law enforcement as soon as possible.
- Collect Information: Gather evidence, such as photos or witness statements.
- Contact an Attorney: Consult with a hit and run attorney to discuss your legal options.
How Long Do I Have to File a Claim?
In Texas, the statute of limitations for personal injury claims is typically two years from the accident date. It’s important to consult with an attorney promptly to ensure that your claim is filed within the required timeframe.
Will My Insurance Cover the Damages?
Your insurance may cover damages depending on your policy and the specifics of the accident. However, an attorney can help you navigate complex insurance claims and ensure you receive the compensation you deserve.
What If the At-Fault Driver is Never Found?
Even if the at-fault driver is not located, you may still be able to recover damages through your insurance policy, such as uninsured motorist coverage. An attorney can assist in exploring all available avenues for compensation.
Conclusion
A hit and run accident is a serious and distressing situation that requires skilled legal assistance to navigate effectively. In Houston, the Tripodi Law Firm is dedicated to providing exceptional legal representation for victims of hit-and-run incidents. Our experienced attorneys are here to guide you through every step of the process, from investigation to court proceedings, ensuring that you receive the justice and compensation you deserve. For more information or to schedule a consultation, please visit Tripodi Law Firm or contact us directly.