Hit and Run Accident Attorney
Being injured as a result of another driver’s negligence is never easy, but when the at-fault driver flees the scene, it’s that much more traumatic. When an at-fault motorist leaves the scene of an accident, it’s called a hit and run accident, and the State of Pennsylvania takes a dim view of such practices. If you’ve been harmed in a hit and run accident, don’t wait to discuss your claim with an experienced Pennsylvania hit and run accident attorney.
What Is the Penalty for a Hit and Run in Pennsylvania?
The State of Pennsylvania takes hit and run accidents very seriously, and the penalties for leaving the scene reflect this fact. Consider the following:
- If the driver who flees causes property damage to an unattended vehicle, they can face up to 90 days in jail and fines of up to $300 for the summary offense.
- If the driver who flees causes property damage to an attended vehicle, they can face up to one year in jail and fines of up to $2,500 for the third-degree misdemeanor.
The charges and the attendant penalties and fines increase from here in relation to causing someone else to be injured, to causing someone else to be seriously injured, or to fatally injuring someone else.
Hit and Run Accident Statistics in Pennsylvania
According to the AAA Foundation for Traffic Safety, hit and run accidents are on the rise throughout the country. Consider the following statistics shared:
- Out of every 10,000 drivers, about 4.6 have left the scene of at least one accident they caused.
- For every minute that passes, there is more than one hit and run accident in this country.
AAA also reports on hit and run statistics that are specific to Pennsylvania. This includes that, in a recent year, there were 50 fatal hit and runs, which was higher than any of the previous 10 years. Further, according to a Philadelphia news source, the city has been experiencing a hit and run epidemic in recent years – averaging 40 incidents a day.
What Is the Penalty for Leaving the Scene of an Accident in Pennsylvania?
As noted, the penalty for leaving the scene of an accident in Pennsylvania is harsh – in response to the severity of the crime. As Capt. Mark Overwise of the Philadelphia police department says: fleeing the scene of an accident is a decision, and as a society, we shouldn’t tolerate it.
In two recent years, Philadelphia police fielded reports for nearly 29,000 hit and runs, which makes tracking down motorists who flee all the more challenging. The increase in videos and pictures captured by eyewitnesses, dash cam footage, and videos from security cameras on both commercial buildings and homes, however, increases the ability of authorities to identify hit and run drivers.
What is the Statute of Limitations for a Hit and Run in Pennsylvania?
A statute of limitations refers to the amount of time someone who had been injured by someone else’s negligence has to bring a civil lawsuit against the at-fault party or the amount of time the police have to file criminal charges against the responsible party. Consider the following:
- For a summary offense in which the at-fault driver causes only property damage to an unattended vehicle, the police have 30 days from the time they discover the identity of the at-fault driver to press charges.
- For a misdemeanor offense in which the at-fault driver causes property damage to an attended vehicle or causes someone else to suffer non-serious injuries, the police have two years from the time they discover the identity of the at-fault driver to press charges.
- For a felony offense in which the at-fault driver causes someone else to be seriously or fatally injured, there is no statute of limitations in relation to the police bringing charges, which means there is no time constraint.
In Pennsylvania, there is a two-year statute of limitations on car accident claims, which affords you two years from the time the at-fault driver is identified to file your lawsuit against them.
What Damages Can I Get for a Philadelphia Hit and Run Case?
If another driver’s negligence leaves you injured in a hit and run crash, you can seek compensation for the physical, financial, and emotional losses – or legal damages – you experience.
Property Damage to Your Vehicle
Even a relatively minor car accident can cause considerable property damage to your vehicle, and a more serious accident can leave you with a totaled car.
Medical Bills
The medical costs associated with car accidents can be very high, and if your injuries require ongoing medical care or lead to complications, you can expect this category of loss to be that much more substantial. Common medical expenses include:
- Emergency care
- Surgery and follow-up care
- Hospitalization
- Medical tests and procedures
- Pain management
- Prescription medications
- Rehabilitation
- Physical and occupational therapy
Lost Income
Lost hours on the job generally mean lost wages. If your injuries affect your ability to do your job, this category of loss can be that much more significant.
Pain and Suffering
The physical and emotional pain and suffering you experience as a result of being injured by someone who doesn’t even bother to stop, render aid, or do anything else on your behalf is traumatic, and you can expect the pain and suffering you endure to reflect this.
Punitive Damages
In situations in which the at-fault driver’s negligence is especially egregious – such as when they hit and run – the judge can order punitive damages that are designed to punish the at-fault driver rather than to compensate the driver who brings the claim.
"If I see things that are unjust or unfair, it's hard to seperate myself. It's outrageous to witness the insurance carrier take the position that there was no accident, no injury, or that the person was never at the scene of the accident. And they often take those positions without any evidence whatsoever."
Turn to Dedicated and Aggressive Hit and Run Accident Lawyers
When you choose a lawyer at our firm to handle your accident or injury case, you can expect your auto or bicycle accident attorney to look into how and why the accident happened, thoroughly answer any questions you have, and, most importantly of all: make sure you receive just compensation. Your lawyer may also speak with other experts to make sure your case has a positive outcome.
Here at Kalikhman & Rayz, we take pride in giving each and every client the personalized attention he or she deserves. To get in touch with an automobile accident or personal injury attorney at our Philadelphia office, reach out to us today.
Our Process for Your Case
Here's our step-by-step process:
Meet With Us
We'll listen to your story, answer your questions, and explain what you can expect moving forward.
Focus on Recovery
Your health comes first. While you receive treatment, we stay in touch and begin building the foundation of your case.
Build Your Case
We gather evidence, review medical records, and document the full impact of your injuries.
Evaluate Your Claim
We assess your case, prepare your claim, and begin negotiating with the insurance company.
Fight for Your Future
If the insurance company refuses to treat your case fairly, we're prepared to move forward with litigation and continue advocating for you.
Put a Team on Your Side That Fights to Win
Choosing the right injury lawyer can make the recovery process less stressful. Our attorneys personally handle your case, keep you informed, and fight for the compensation you deserve. Contact us today for a free consultation before your filing deadline expires.
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We got into personal injury law to help our neighbors face some of the toughest moments of their lives. Helped clients recover tens of millions of dollars in compensation, with results like:
Offices Across Southeastern Pennsylvania
Our firm serves the greater Philadelphia area and the rest of Southeast Pennsylvania. You can visit us or call us at one of our conveniently located offices:
FAQs
Can I still get compensation if the Philadelphia police never find the hit-and-run driver?
Yes. If the driver is never found, you can file an Uninsured Motorist (UM) claim through your own insurance policy. This allows you to recover compensation for medical bills and pain and suffering as if the at-fault driver had been identified.
What if I missed work because of a hit and run in Philadelphia?
In Pennsylvania, you can recover lost wages through your policy’s Personal Injury Protection (PIP) or Uninsured Motorist (UM) coverage. A lawyer is essential to accurately calculate total losses, including future earnings. They ensure the insurance company does not unfairly deny your claim while you are unable to work.
Can “PHL-Citywide” cameras or Ring doorbells help my hit and run case?
Yes. Both public and private cameras can provide vital evidence. A lawyer can identify nearby Ring doorbells or subpoena “PHL-Citywide” and PennDOT footage before it is overwritten, which often happens in just a few days. They also send preservation letters to legally compel owners to save video that could identify the fleeing driver.
Does Pennsylvania’s “Limited Tort” serious injury exception apply to hit and runs?
Yes. If the hit-and-run driver is never found, they are legally considered “uninsured.” In Pennsylvania, being hit by an uninsured driver is a specific exception that automatically grants you full tort rights, allowing you to seek pain and suffering damages regardless of injury severity.
Resources for Injury Victims
The aftermath of an accident can be a lot to handle. Here are some resources to get you started before you call our team:
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