Miami is not unaccustomed to tragic hit-and-run cases. In just one prominent example in 2020, Miami-Dade police captain Tyrone White, father of former New England Patriots running back James White, was killed in a car crash that involved a driver fleeing the scene. Captain White was driving with his wife, Lisa, in their Volkswagen at the time. Lisa White survived the crash, but her husband was unfortunately pronounced dead at the scene.
While a case of the wrongful death of an officer has its own set of complications not commonly found among everyday hit-and-run accidents, this high-profile local incident may lead one to wonder what options victims and their loved ones have when an at-fault driver takes off. After all, you can’t file a claim with another driver’s insurance company without having their information.
UNINSURED MOTORIST COVERAGE SHOULD COVER A HIT-AND-RUN
If you have been in an accident where one or more at-fault drivers fled the scene and haven’t been located, your uninsured motorist (UM) coverage should cover you. Unfortunately, not everyone in Florida has UM coverage, as it’s not required by state law.
That’s why using every avenue available to identify the at-fault driver and hold them responsible for their negligence is important.
THE ROLE OF SURVEILLANCE AND TECHNOLOGY IN IDENTIFYING HIT-AND-RUN DRIVERS
Not too long ago, locating a driver who committed a hit-and-run could be nearly impossible without witnesses who could identify the vehicle’s license plate number. While witness statements are still an important resource today, police officers and personal injury lawyers can increasingly leverage technology to help identify these negligent drivers.
As of 2023, about one-in-five drivers (15-20%) in the U.S. today use a dashcam. These dashboard-mounted cameras capture video of traffic outside the car’s windshield and can help you identify who was at fault in a crash.
If you were the victim of a hit-and-run and didn’t have a dashcam at the time, another nearby driver may have captured the collision on theirs. A savvy personal injury lawyer can also look into any nearby traffic cameras or security cameras mounted on nearby businesses that may have caught the crash and the license plate of the fleeing vehicle.
Even when the license plate of the vehicle can’t be determined before the at-fault driver flees, social media has been successfully utilized in several cases to reach a wider audience of potential witnesses who may have seen a damaged vehicle matching the description leaving the area at the known time and location of the crash, to help identify the driver.
WHAT WILL HAPPEN IF THE POLICE CATCH THE HIT-AND-RUN DRIVER?
In the case of Tyrone White, the driver who fled turned himself in to the sheriff’s office one month after the incident. Penalties for a hit-and-run charge of this magnitude can be upwards of a first-degree felony and several years in prison. And while fleeing the scene of such a tragic car accident warrants a criminal charge, what about the family suffering from the loss?
Car accidents create substantial losses from medical bills, and many leave individuals and families without the income necessary to make ends meet. Serious car accidents can lead to paralysis, broken limbs, torn ligaments, and amputations–all of which may require extensive treatment like physical therapy and skin grafting.
If the injury doesn’t put the victim out of work, they will likely use up all paid time off hours (if they have these benefits) simply recovering from it. This could lead to tens of thousands of dollars lost in yearly income. In some cases, car accident injuries can even end victims’ careers.
MAKE A CLAIM AND PURSUE DAMAGES IN COURT IF NECESSARY
A personal injury lawyer can assist you with the steps needed to seek compensation for injuries in a car accident, whether the driver is caught or not. Should the driver be brought to justice and be summoned to a criminal court, you may also seek damages through litigation in a civil court.
A successful personal injury lawsuit will have proved that the at-fault driver was negligent and that their negligence directly resulted in the injuries of those involved in the crash. What does it mean for a driver to be negligent? Whenever anyone is found negligent, it indicates that they had a role to uphold—in this case, as a driver—and failed to adhere to the duties of that role reasonably.
TYPES OF COMPENSATION AFTER A HIT-AND-RUN ACCIDENT
If a personal injury court awards compensation, it will cover medical expenses, lost wages, and pain and suffering. Some special cases, like a hit-and-run case, may warrant additional compensation as a punishment to the defendant—known as punitive damages.
HOW CAN A PERSONAL INJURY ATTORNEY HELP IN A HIT-AND-RUN CASE?
Experienced personal injury lawyers know how to examine all details relevant to your car accident. They will also have a network of resources and suggestions available to you, so you don’t feel overwhelmed with all the necessary steps during this chaotic time. Moreover, lawyers are adept at understanding the full extent of the losses car accident injuries will incur.
If, for example, you have a complex back injury as a result of the accident and it doesn’t look like your back will heal anytime soon, a car accident lawyer will work to ensure you have the full amount of compensation necessary to pay for past, current, and future losses—from medical expenses to lost promotions and even potentially vocational rehabilitation if you are no longer able to do the same work as before due to your injury.
A LAW FIRM WITH YEARS OF EXPERIENCE AND EXTENSIVE PERSONAL INJURY KNOWLEDGE
Car accidents, especially those involving a hit-and-run, are nothing to take lightly. If you were involved in a serious motor vehicle wreck, Aigen Injury Law has the background and resources to help you seek compensation for your injuries. We also offer a contingency-based fee system, meaning you don’t pay legal fees unless we collect damage recovery. Contact our office for a free consultation to learn more about your options.
Originally published March 30, 2022. Updated March 6, 2024.