The law defines Indiana hit-and-run accidents as a collision caused by a motorist who leaves the scene of an accident. The injury victim may be another motorist, a passenger, a motorcyclist, a biker, or a pedestrian. Indiana law classifies hit-and-run accidents as a criminal offense. In addition, hit-and-run motorists may face civil charges. These accidents tend to result in serious injuries and death, and pursuing a legal claim against the at-fault driver can help accident victims recover from the financial losses they incur as a result of their injuries.
For example, a recent news report described a harrowing Indiana fatal hit-and-run accident. Witnesses called law enforcement to the scene of the accident to report the incident. According to witnesses, the victim was traveling on his scooter when a vehicle slammed into him. The impact caused the victim to be thrown from his bike. The driver fled the scene, and the victim succumbed to his injuries at the scene.
Under the law, drivers involved in an accident must stop, provide identifying information, contact emergency officials and police. If someone suffers injuries in the accident, the driver must remain at the scene and provide reasonable assistance until emergency responders arrive. Albeit difficult, the law still allows hit-and-run injury victims to recover compensation for their damages. Indiana State Police are asking the public to come forward with any information.
In cases where a hit-and-run driver is identified, a lawyer can assist the victim or their family with pursuing a claim against the at-fault party’s insurance provider. Although the driver may be charged with a criminal offense, the civil plaintiff must still establish that they suffered damages because of the driver’s negligence. The insured’s insurance company may try and deny fault by purporting any number of defenses. Some common defenses include claims of misidentification and contributory negligence. In some cases, a claimant may file a claim against the driver for gaps in coverage that the insurance payout does not meet.
When the hit-and-run driver remains unknown, the victim may file a claim with their own insurance company. The victim’s insurance company may step into the role of the unidentified driver under the company’s uninsured motorist coverage policy. Even though the victim is dealing with their own insurance company, these claims may still become adversarial. Insurance companies prioritize their financial standing above anything else. As such, they will go to great lengths to diminish or invalidate a lawful claim. Indiana hit-and-run victims should consult with an attorney to discuss their rights and potential remedies after an accident.
Have You Suffered Injuries in a Hit-and-Run?
If you or someone you know has suffered serious injuries or died in a hit-and-run, contact Padove Law. Attorney Burton Padove is a top-rated Indiana injury attorney and has spent nearly 40 years protecting the rights of accident victims in the state. He represents clients with personal injury claims stemming related to Indiana car accidents, dangerous and defective products, medical negligence, and more. His years of experience compounded with top-notch litigation skills makes him an invaluable asset. He has recovered significant amounts of compensation on behalf of his clients. Contact Padove Law at 219-836-2200 to schedule a free and confidential initial consultation.