The first thing someone involved in a traffic accident in Roswell, GA, should do is to obtain the contact, vehicle, and insurance information of the parties involved in the accident immediately after requesting medical assistance, if necessary. When those parties do not stop at the accident scene, the best thing their victim can do is contact a hit and run accident lawyer near Roswell as soon as possible. Contact our injury firm today if you have been hit by a driver who fled the scene to learn how we can help.
How Can A Lawyer Help A Hit and Run Accident Claim?
A traffic accident can cause an emotional shock to even the strongest and seemingly calmest drivers. Some panic, others cannot cope with the feeling of guilt, and quite a few hope that if they run from the scene of the accident no one will know they were the ones who caused the disaster and they will get away with what they did. Most of them are identified and end up needing the help of a hit-and-run accident lawyer.
There are also drivers who flee the scene because they know they are under the influence of alcohol or drugs, or they do not carry insurance. By leaving the accident scene, they hope to avoid the penalties for their actions, but they do not realize that they risk similar or even worse penalties and they will eventually end up desperate in the office of a hit-and-run accident attorney near Roswell.
Instead of leaving the scene of an accident, no matter if they were the ones who caused it or they have some other reasons to worry, drivers should consult an attorney. If they already left the scene, they should return as soon as possible and obtain the assistance of a hit-and-run accident lawyer.
Proving Liability of a Driver Who Left the Scene
All drivers in Georgia should be aware of the penalties in force for leaving the scene of the accident. They are subject to Georgia Code Section § 40-6-270, are well known to all hit-and-run accident attorneys, and they involve:
- Felony charges and from 1 to 5 years of imprisonment for drivers involved in serious or fatal accidents
- Misdemeanor charges, $300-$1,000 fines, and up to 1 year in jail for drivers involved in mild accidents
- Further penalties for drivers with previous convictions on record
Those who left the accident scene may succeed to avoid these penalties if they contact a hit-and-run accident lawyer as soon as possible and return to the accident scene. Under the code section mentioned above, all drivers involved in traffic accidents in Georgia have the following minimum obligations:
- Stop and remain at the scene of the accident
- Give their contact, vehicle, and insurance information to the other parties involved in the accident
- Assist the injured or request medical assistance for them
- Report the accident to the authorities
- Stay at the accident scene until the authorities complete their investigations
Just because a driver did not comply with the above requirements immediately, it does not mean they will be necessarily found at fault for the accident or face the above penalties. In order to minimize risks and make the most of the situation, they should contact a car accident lawyer near Roswell.
As the latter may confirm, returning to the accident scene as soon as possible is preferable to waiting for court subpoenas or visits from the police. In fact, even the law gives drivers this “second chance”, and hit-and-run accident lawyers can help their clients benefit from it.
Drivers in several U.S. states, including Georgia, have permission to leave the accident scene and take someone to the hospital, on the condition that they return and comply with their obligations. Returning later is better than not returning at all no matter the circumstances.
If a driver returns and hires a hit-and-run accident attorney to defend their interest, the latter may be able to prove that their client’s behavior was not intentional, but the result of a panic attack, or momentary bad judgment the driver regretted and acted upon.
Depending on the circumstances of the accident, the hit-and-run accident lawyer may be able to prove that their client left to deal with an emergency, and their leaving had nothing to do with their liability. They may be able to gather evidence that someone else involved in the accident shared liability for what happened.
No matter what turn the case takes, a hit-and-run accident attorney will stand by their client and advise the latter on how to proceed in order to defend their interest and turn odds in their favor. At The Weinstein Firm, our clients’ interests are our main priority, and we pursue them using all our experience and resources.
Whether our client is a driver who left the scene of the accident or one of the persons they left behind, our hit-and-run accident lawyers do their best to help them benefit from all the stipulations of the law and make the most of the situations they are in after the accident.
How Roswell Hit-and-Run Accident Attorneys Can Help Accident Victims
As mentioned above, when the drivers at fault for an accident do not stop at the scene, hit-and-run accident attorneys may help identify them. They can do this starting from the license plates and description of the fleeing driver’s car, by interrogating witnesses, or by obtaining video recordings from cameras in the area where the accident took place.
Once they have identified the driver, it will be easy for the hit-and-run accident attorney to find out if the respective driver has liability insurance or not, and, if they do, with which insurance company. If they have insurance, all the hit-and-run accident lawyer has to do is file a compensation claim on behalf of their client with the insurance company.
If the driver who left the scene of the accident does not have insurance, the victims of the accident and their hit-and-run accident lawyers have two options: take the case to court in order to obtain compensation, or review their own insurance policies to see if they include uninsured motorist coverage.
The Weinstein Firm hit-and-run accident attorneys always analyze all options available and advise their clients of the best course of action for their particular situation. As a general rule, obtaining compensation from an insurance company is a safer bet than taking a case to court and seeking compensation from an individual who probably has a precarious financial situation, considering that they could not afford minimum liability insurance.
While the progress and outcome of a court trial are difficult to predict even for the best hit-and-run accident lawyers, the process of filing a compensation claim with an insurance company is not, and we will review it in the following lines.
How Can A Lawyer Help My Hit and Run Claims Process?
Our lawyers will walk you through the claims process, including:
Compensation Claim Preparation
Contrary to what some people are tempted to think, cases in which a driver leaves the scene of the accident are not easier than traditional cases. On the contrary, they often force the hit-and-run accident attorney to conduct their own investigation.
No matter if the identity of the fleeing driver is discovered or not, the hit-and-run accident lawyer will still have to prove how the accident took place, who or what caused it, and what its consequences were.
They will need to associate a value with the compensation claim, and justify that value with concrete evidence, like hospital bills, pharmacy receipts, and more. This is easier said than done, and many accident victims fail to obtain the compensation they deserve because refuse to hire a hit-and-run accident attorney and they fail to prove their case to the defendant.
The Weinstein Firm hit-and-run accident lawyers treasure every piece of evidence they can obtain, and they strive to prove every aspect of the cases they handle beyond a reasonable doubt. They prepare compensation claims, carefully, leaving no loose ends, and paying special attention to deadlines.
In Georgia, civil actions regarding injuries to persons are subject to Code Section § 9-3-33. As all hit-and-run accident lawyers may confirm, this leaves them and their clients up to two years to seek compensation for their injuries. Failure to comply with this deadline will most likely cost them their right to compensation.
At The Weinstein Firm, our hit-and-run accident attorneys warn our clients that compensation claims take time to prepare and file, and evidence is easier to obtain within the first weeks or months after an accident. The sooner a hit-and-run accident lawyer begins to work on a case, the easier it will be for them to prepare a successful compensation claim.
Filing Your Claim
The evidence the hit-and-run accident attorney and their client have gathered will have to be summarized and explained in a written presentation recounting the facts, justifying the claimant’s requests, and quoting relevant laws. Such presentations need to be comprehensive yet concise and easy to follow.
They have to cover hundreds of documents, yet do it in a way any reader can follow and understand, and that is not easy for the untrained person. It is, however, part of the work routine for an experienced personal injury lawyer in Roswell, GA.
At The Weinstein Firm, our hit-and-run accident attorneys have prepared and file tens, even hundreds of compensation claims. They know exactly what aspects to emphasize and on what evidence to focus in order to convince the defendant to offer a fair compensation amount.
Claim Settling or Appealing
All claims filed according to the law will receive some sort of answer. It can be a rejection, with corresponding justification, or an approval, accompanied by a settlement offer. Whether or not the claimant should accept the settlement offer is something only the latter and their hit-and-run accident attorney can decide, after weighing their claim, their options, and their needs.
One thing is for sure: no one can force a claimant to settle if they do not agree with the offer they receive. All they need to do is express their wish to the hit-and-run accident lawyer, and the latter will initiate the appeal procedure.
This procedure can go from a notice of appeal to a claims supervisor to court action. It may postpone the payment of the compensation with a couple of months, but, if the hit-and-run accident lawyer considers it necessary, it will eventually payout and allow the claimant to receive the compensation they deserve.
The Weinstein Firm hit-and-run accident attorneys always succeed to obtain the compensations our clients deserve. We are so confident in their success that we accept contingency agreements. Otherwise put, we close deals that allow our clients to benefit from our services from the moment they get in touch with us and only pay for those services when they have obtained the compensation they were after. If we do not win, we do not get pay, but losing is not an option for us.
Consult a Hit-and-Run Accident Lawyer Near Roswell, GA, Right Now!
The fact that a driver left the scene of an accident does not mean the party who was less at fault and incurred the most damages should not receive compensation for their losses. On the contrary, you should fight for your rights harder than ever, and begin your fight as soon as possible.
The best way to do that is by getting in touch with an experienced The Weinstein Firm hit-and-run accident lawyer near Roswell, GA. Our experience with such cases, our investigation skills, our commitment to client satisfaction and our hard work are ingredients that can ensure the success of any compensation claim.
The free case evaluations and the contingency-based agreements we make available to our clients are the ultimate guarantees that working with any of our hit-and-run accident attorneys is a risk-free, beneficial decision for anyone, no matter the specifics of their case.
You too can benefit from our experience and incredible service terms. Contact us now and request a free case review from a The Weinstein Firm hit-and-run accident lawyer near Roswell! You have nothing to lose, but a consistent compensation to win, and we look forward to proving our commitment and dedication to your case.