Being struck by a vehicle as a pedestrian is a traumatic experience on its own, but if the driver flees the scene, the situation becomes even more complicated. When a driver leaves after hitting a pedestrian, it’s understandable to feel helpless. However, there are legal options available to victims of hit-and-run accidents in Michigan. Knowing your rights and the steps to take after such an incident can help you secure the compensation you deserve.
In Michigan, the law requires drivers to stop and exchange information if they are involved in an accident, regardless of fault. When a driver leaves the scene, they are committing a crime, but this doesn’t mean your path to recovery is blocked. Here’s what you should know about your legal options if you’re injured by a fleeing driver.
What to Do Immediately After a Hit-and-Run Accident
The first thing to do after being hit by a vehicle is to prioritize your safety and health. If you are able, try to move to a safe location and assess your injuries. Here are some steps to follow immediately after a hit-and-run accident:
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Call 911 – Reporting the accident to law enforcement is essential. A police report will be necessary for any future legal action or insurance claims. Even if the driver leaves, the police will document the incident and try to track down the responsible party.
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Gather Information – Try to remember as many details as you can about the incident. Take note of the vehicle’s make, model, color, license plate number, and any other identifying features. Also, note the direction the vehicle was traveling when it fled the scene. If possible, get contact information from any witnesses who saw the accident.
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Seek Medical Attention – Even if you feel fine immediately after the accident, some injuries can show symptoms later. Getting checked out by a doctor ensures that any hidden injuries are identified early, and it creates a record of your injuries that can be crucial for any legal claims.
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Document Your Injuries and the Scene – If you are able, take pictures of your injuries and the location where the accident occurred. Photos of the scene, any visible damage to the roadway, and other vehicles can also be valuable evidence.
Legal Options for Injured Pedestrians
While it may seem like a hit-and-run accident leaves you with no options, Michigan law provides ways for pedestrians to seek compensation, even when the responsible driver is unknown.
Filing a Claim with Your Own Insurance Company
Michigan is a no-fault insurance state, which means that your own car insurance policy can provide coverage for medical expenses, lost wages, and other costs resulting from the accident, regardless of who caused it. If you were a pedestrian injured in a hit-and-run, you may be able to file a claim under your own auto insurance policy’s Personal Injury Protection (PIP) benefits.
Here’s how it works:
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PIP Benefits – If you have an auto insurance policy, it may provide PIP benefits for medical bills, lost wages, and rehabilitation costs. In Michigan, pedestrians who are struck by a car can often use their own PIP benefits to cover these expenses. If you don’t have an auto insurance policy, you can use the PIP coverage of a family member who resides in the same household. This may include health insurance and coverage for other services if you can’t perform your usual tasks due to injury.
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Uninsured Motorist Coverage – If the hit-and-run driver is never found, or if they are uninsured, your own auto insurance policy may have uninsured motorist (UM) coverage that can help cover your injuries. This coverage is specifically designed to help victims who are injured by a driver who doesn’t have sufficient insurance or who leaves the scene.
Filing a Lawsuit Against the At-Fault Driver
If the driver is eventually identified, you may have the option of filing a lawsuit for damages against them. The driver’s insurance company would typically cover any settlement or damages awarded, but there are steps to take to ensure you’re compensated for the injuries caused.
Michigan allows personal injury victims to seek compensation for several types of damages, including:
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Medical Expenses – All medical bills related to your injuries can be covered, including doctor visits, surgery, physical therapy, and rehabilitation.
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Lost Wages – If you miss work due to your injuries, you can claim compensation for lost wages.
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Pain and Suffering – Depending on the severity of your injuries, you may be able to claim damages for the physical pain and emotional distress caused by the accident.
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Property Damage – In the case of any property damage (for example, if your personal belongings were damaged during the incident), you can seek compensation.
If the at-fault driver is not found, your claim may still be possible through your own insurance under UM coverage, as mentioned earlier.
Criminal Charges Against the Fleeing Driver
In Michigan, leaving the scene of an accident, especially when it involves injury or death, is a criminal offense. The at-fault driver could face serious criminal charges, including felony charges for hit-and-run accidents. While criminal proceedings do not directly affect your ability to recover damages in a personal injury case, the conviction of the driver can strengthen your claim and may even affect the outcome of a civil lawsuit.
The police may be able to identify the driver through evidence such as eyewitness reports, surveillance footage, or vehicle debris left at the scene. If the driver is found, they could be ordered to pay restitution as part of their criminal sentence, which can further support your efforts to recover compensation.
Working with a Personal Injury Lawyer
If you’ve been struck by a vehicle and the driver fled the scene, working with an experienced personal injury lawyer is crucial. A lawyer can help you navigate the complexities of Michigan’s no-fault insurance system and ensure that your rights are protected.
A skilled attorney will assist with:
- Investigating the accident, including finding witnesses and gathering evidence.
- Filing claims with your insurance company and pursuing compensation under your policy’s PIP and UM coverage.
- Helping you file a lawsuit against the at-fault driver if they are identified.
- Negotiating with insurance companies to ensure you receive the full amount of compensation you’re entitled to.
Conclusion
While a hit-and-run accident can make it feel as though your path to recovery is blocked, Michigan law provides multiple options to help you pursue compensation. From utilizing your own insurance benefits to pursuing legal action against the responsible driver, there are ways to recover damages for your injuries. Working with an experienced personal injury lawyer can help ensure that you take the necessary steps to protect your rights and secure the compensation you deserve.
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