Hit and run accidents can take many forms. For example, a car might side swipe another vehicle in traffic and take off. Drivers sometimes hit motorcyclists or bikers and flee the scene. A pedestrian crossing an intersection could be struck by a right-turning vehicle if the person behind the wheel is not paying attention, and if they drive away after inflicting damage, this constitutes a hit-and-run.
These types of traffic crashes differ from other car accident cases because they could be charged as a crime. However, victims of hit and run collisions can still pursue civil recovery with the help of a seasoned car accident attorney even with an ongoing police investigation. For more information on the differences between civil and criminal cases in Kenosha hit and run accidents, reach out to a knowledgeable lawyer near you.
Identifying the Driver in a Kenosha Hit and Run
From a criminal standpoint, the focus in pursuing a hit and run case is identifying the fleeing driver. The police might investigate using witness statements or camera footage. They may also interview people in the surrounding businesses or residences to try and obtain photo or video evidence of the scene. Their ultimate goal is to identify the hit and run driver so that they may be criminally prosecuted.
However, in civil matters like a personal injury case, the focus is usually less on the driver, who is often difficult to identify. Rather, a civil attorney in the area will typically work to recover damages on behalf of the injured victim and often deals with issues such as uninsured motorist coverage.
Insurance in Hit and Run Accident Cases
Uninsured and underinsured motorist coverage is critically important in any hit and run case, whether the victim is a pedestrian, biker, motorcyclist, or another driver. Someone who is hit by fleeing motorist will most likely be able to collect or recover damages under the uninsured motorist coverage of their own insurance policy. For this reason, it is important to have that coverage and substantial limits of liability under their own auto policy.
Recoverable Damages in a Hit and Run Civil Case
Typically, hit and run victims in Kenosha can pursue the following recoverable damages with the help of a skilled attorney.
- Medical expenses, both past and future
- Lost earnings or wages, including expected future losses
- Pain and suffering
Although civil claims for hit and runs can cover both economic and non-economic losses, punitive damages are not typically included unless a Kenosha resident and their attorney are suing an insurance company for bad faith. The injurious driver is usually unidentified in a hit and run case, so a skilled civil lawyer could help a victim pursue compensation for their losses through their insurance policy instead.
Ask a Kenosha Attorney about Civil and Criminal Cases in Hit and Run Accidents
If you were injured in a hit and run, your first step should be to contact the police. Local law enforcement can conduct an investigation and attempt to find the person that harmed you. However, driver identification can be difficult, and victims may struggle to deal with insurance for the cost of their injuries.
Pursuing civil action after your traumatic incident may be effective in recovering for your losses. A hardworking attorney at the Law Offices of R.F. Wittmeyer, Ltd. could provide more information on civil and criminal cases in Kenosha hit and run accidents. Call today to discuss how working with a lawyer could benefit your particular circumstances.