The right thing to do after a car accident is to stop your car, check on the other person or people involved, and wait for police and emergency services to arrive. Unfortunately, some drivers do not stop after hitting another car or a pedestrian, turning a regular accident into a hit and run.
Hit and run car accidents in Nashville can cause serious injuries and even loss of life, for which you have a right to receive compensation. Our dedicated car crash attorneys at Ponce Law can help you file a legal claim to hold a hit and run driver responsible.
The exact cause of a hit and run can vary. The driver may simply not care about what happened, but their actions can also stem from a lack of knowledge or an emotional response. For example, a driver might be so overcome with fear and anxiety that they drive off instead of staying at the scene.
A driver may also be unaware that a collision occurred or that anyone is hurt. Driving while fatigued or under the influence of drugs or alcohol can lead to a situation where a driver hits another vehicle and then continues on, perhaps unaware of any impact.
No matter the precise reason for a driver committing a hit and run, injuries often result from these accidents. A sudden, forceful impact to your car can cause traumatic brain injuries and spinal cord damage; though, any crash can cause more superficial injuries, such as cuts and bruises. In severe collisions, organ damage can occur.
These kinds of injuries can decrease your quality of life and drain your resources as you pay for medical care. With the aid of a skilled Nashville injury lawyer, you can make your claim for compensation and focus on your recovery after a hit and run.
Your claim might involve negligence if the hit and run driver did not intend to hurt you. Negligence holds people accountable for causing injuries to others through unreasonable action. Proving negligence requires the establishment of certain elements, such as:
A driver who causes a hit and run breaches their duty to drive safely and to remain at the scene. Driving while distracted, fatigued, or under the influence can also be a breach of duty of care. You will also need to show that the other driver caused the accident and your injuries. In addition, your injuries must count as legal damages, such as:
Satisfying these elements is not the only important part of making a claim, as other rules can affect your case. First and foremost, the statute of limitations for personal injury claims is only one year, as set by Tennessee Code § 28-3-104. If you do not file your claim within that one-year period, you could lose out on all compensation.
Tennessee also uses a system of negligence that places fault on anyone involved, including a victim who was negligent. This system can find a victim partly responsible for their own injuries, and as set up by the case McIntyre v. Balentine (Tenn. 1992), a court can reduce a victim’s compensation in proportion to their fault—or eliminate all compensation if the victim is found to be more than 50 percent responsible.
You will need to navigate these kinds of rules in addition to providing evidence to prove your case. Fortunately, our attorneys at Ponce Law in Nashville can draw on years of experience with personal injury claims to help you deal with the aftermath of a hit and run accident.
Injuries from hit and run car accidents in Nashville deserve recompense, and you can make a compensation claim to aid in your recovery. If you have medical bills to pay and a decreased ability to work, a claim can help protect your livelihood.
With years spent working in your community, our attorneys at Ponce Law bring valuable experience to your case. For hit and run claims, we can investigate an accident through the Tennessee Department of Transportation’s camera network. Call today for a free review of your case.
