Reading Hit-and-Run Attorney
Hit-and-run accidents are a growing concern in Reading, Pennsylvania, reflecting a troubling trend seen across the nation. Pennsylvania law requires drivers involved in any crash to remain at the scene; however, many fail to do so, leaving victims to navigate the aftermath alone.
This issue is especially evident in nearby Philadelphia, where police reported an overwhelming 28,983 hit-and-run incidents between 2017 and 2018, averaging nearly 40 reports per day. Such a high volume burdens law enforcement and complicates their ability to track down fleeing drivers.
An experienced Reading hit-and-run lawyer from Wilk Law Personal Injury & Car Accident Lawyers can help you find the driver who fled the scene and hold them liable for damages.
The implications of hit-and-run incidents can be severe. Nationally, 1,980 fatal hit-and-run crashes occurred in 2016, resulting in 2,049 fatalities, the highest annual number recorded since the National Highway Traffic Safety Administration began tracking these statistics in 1975. Alarmingly, the rate of fatalities from hit-and-run accidents has been increasing at an average of 7.2 percent per year since 2009 .
If you or a loved one has been involved in a hit-and-run accident, understanding your rights and options is crucial. An experienced hit-and-run attorney in Reading, Pennsylvania, can provide the support and expertise you need to navigate the complexities of your case and pursue the compensation you deserve.
What is the Definition of Hit and Run in Reading, Pennsylvania?
A hit-and-run occurs when a driver involved in a traffic accident leaves the scene without offering their contact or insurance information or providing assistance to anyone who may be injured. This act, also referred to as “leaving the scene of an accident,” is a serious offense under Pennsylvania law.
In simple terms, if you find yourself involved in an accident and do not stop to exchange information with the other parties, you are committing a hit-and-run. This can involve either fleeing on foot or driving away in your vehicle. The consequences of a hit-and-run in Pennsylvania can be severe, including potential jail time, fines, probation, and even the suspension of your driver’s license.
What Is Causing All These Hit-and-Run Accidents in Reading, Pennsylvania?
There are various reasons why a driver might choose to flee the scene of a crash in Reading, Pennsylvania. Often, panic sets in, leading to irrational decisions. Here are some common motivations behind this behavior:
- Fear of Legal Consequences: Many drivers worry about the repercussions of being involved in an accident, especially if they lack valid insurance or have an active warrant for their arrest. This fear can drive them to leave rather than face the potential legal ramifications.
- Driving Under the Influence: Drivers who are intoxicated or under the influence of drugs may panic and flee, fearing the consequences of their impaired state. The prospect of facing DUI charges can be overwhelming, prompting them to escape the scene.
- Unlicensed or Suspended Licenses: Individuals who are driving without a valid license or have had their license suspended often leave the scene to avoid being apprehended by law enforcement.
- Inexperience: Young or inexperienced drivers may not fully understand their legal obligations following an accident. This lack of knowledge can lead them to make poor choices, including fleeing.
- Negligence or Indifference: Some drivers may simply disregard the law and the well-being of others, choosing to leave the scene without any concern for the consequences.
Understanding these motivations is essential for addressing the growing issue of hit-and-run accidents in Reading and the surrounding areas. For immediate legal assistance from an experienced Reading hit-and-run lawyer, contact Wilk Law Personal Injury & Car Accident Lawyers today. We offer free case evaluations and are never too busy to speak with you.
Who Pays For Injuries When the Other Driver Leaves the Scene of the Accident?
Navigating the aftermath of a hit-and-run accident can be particularly challenging. In Pennsylvania, the process is influenced by the state’s no-fault insurance laws, which are designed to simplify claims for medical expenses and damages. This means that, regardless of who caused the accident, your own auto insurance policy will cover your medical bills and other damages up to the limit you’ve purchased.
If you’re involved in a hit-and-run incident, your Reading hit-and-run attorney will explain that your insurance will pay for your medical expenses under the Personal Injury Protection (PIP) coverage. For instance, if you have a minimum PIP coverage of $5,000, that amount will be available to cover your medical costs, even if the other driver fled the scene. If you opted for higher coverage, say $10,000, your policy would cover medical expenses up to that limit.
However, if your medical bills exceed your PIP benefits, your health insurance may kick in to cover additional expenses. It’s important to keep detailed records of any out-of-pocket costs, such as co-pays for doctor visits or prescription medications, as these could potentially be reimbursed through a claim for underinsured motorist coverage.
In cases where the hit-and-run driver is identified and your injuries are severe, you may have the right to pursue a claim against the at-fault driver. If you find yourself in this situation, consulting an experienced Reading hit-and-run attorney can help you navigate the complexities of your claim and ensure you receive the compensation you deserve.
Isn’t it Against the Law to Leave the Scene of An Accident in Pennsylvania?
In Pennsylvania, the law clearly outlines the responsibilities of drivers involved in an accident under 75 Pa. C.S. § 3744. If a driver is involved in a crash that results in injury, property damage, or death, they are legally obligated to stop and provide essential information to the other parties involved. This includes:
- Name and address
- Vehicle registration number
- Driver’s license and proof of insurance (upon request)
Additionally, if anyone is injured in the accident, the driver must ensure that medical help is on the way by calling for an ambulance or providing assistance as needed. If practical, and without causing further harm, you may even be required to transport an injured person to a medical facility.
It’s crucial to understand that the duty to stop applies regardless of whether injuries are apparent. In cases involving significant damage, injury, or fatalities, the law mandates notifying law enforcement officials immediately, as specified in Section 3746.
What if the accident involves an unattended vehicle? Pennsylvania law under 75 Pa. C.S. § 3745 requires drivers to attempt to locate the vehicle owner. If they cannot be found, the driver must leave a note with their contact information and report the incident to the police.
Being aware of these laws can help you understand your responsibilities on the road. To learn more about Pennsylvania’s hit-and-run laws, reach out to our experienced Reading hit-and-run lawyers today. We offer free consultations.
What Are The Punishments In Pennsylvania For Leaving the Accident Scene?
In Pennsylvania, failing to stop after an accident—commonly known as a hit-and-run—carries serious legal consequences. The severity of the penalties depends on the circumstances, including whether the accident resulted in property damage, injury, or death.
For minor accidents involving property damage, such as hitting an unattended vehicle, the offense is considered a summary violation. This can result in fines up to $300 and a potential 90-day jail sentence. However, if the other vehicle was occupied, the penalties escalate.
Striking an attended vehicle and fleeing the scene is classified as a third-degree misdemeanor, punishable by up to one year in jail and fines reaching $2,500.
When the hit-and-run involves injuries, the charges increase significantly. If another person is injured, the offense becomes a first-degree misdemeanor, carrying up to one year in jail and similar fines of $2,500. In cases where the accident results in serious bodily injury—defined as any injury that causes a risk of death or permanent disfigurement—the crime is elevated to a third-degree felony. This can lead to a mandatory minimum of 90 days in jail and fines starting at $1,000.
The most severe consequence is for fatal hit-and-run accidents. If a driver leaves the scene after causing the death of another person, it is considered a second-degree felony. The mandatory minimum sentence for this offense is three years in prison, along with fines of at least $2,500. In some cases, penalties can include up to 10 years of imprisonment, depending on the circumstances.
For anyone facing such charges, consulting a skilled Reading car accident lawyer is crucial to understanding their rights and navigating the legal process.
Why is Proving Liability in a Hit-and-Run Accident Claims So Challenging?
Establishing liability in hit-and-run cases can be particularly challenging due to the absence of the at-fault driver. To secure a conviction in criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant was behind the wheel at the time of the accident.
However, this can be difficult if there’s limited physical evidence or the driver is unidentified.
In most hit-and-run cases, the lack of concrete evidence often forces victims and law enforcement to rely heavily on witness statements. While these can be helpful, witness accounts can sometimes be inconsistent, making it harder to build a solid case.
Surveillance footage from nearby businesses or homes may also provide valuable evidence, but these are not always available or clear enough to identify the driver.
In civil cases, where the burden of proof is lower, the challenges remain, but victims must only prove their case by the preponderance of the evidence. To succeed in a civil claim against a hit-and-run driver, a victim must establish four key elements:
- The other driver owed a duty of care.
- The driver breached this duty.
- The breach caused the victim’s injuries and damages.
- The victim suffered tangible harm as a result of the accident.
Working with an attorney is crucial to gather the necessary evidence and build a strong case. A legal representative can help victims utilize police reports, surveillance footage, and witness testimonies to prove liability and pursue compensation.
Are There Ways To Find the Driver Even Though They Fled the Scene?
After being involved in a hit-and-run accident, victims often face mounting medical bills and repair costs, leaving them desperate for answers. One of the most important steps you can take is to preserve any evidence related to the crash.
This evidence can be key in identifying the at-fault driver, holding them accountable for their actions, and obtaining compensation for your losses.
Eyewitness Statements
Eyewitness testimony is one of the most valuable forms of evidence in hit-and-run cases. Witnesses may have noticed key details about the fleeing vehicle, such as its color, make, model, or even a partial license plate number. These first-hand accounts can play a pivotal role in identifying the driver and reconstructing the events that led to the accident.
Eyewitness statements can also support both criminal charges and civil claims against the responsible party, ensuring they face the consequences of their actions.
Photos and Video Footage
While eyewitness accounts are essential, photographic and video evidence can be even more compelling. Nearby businesses, homes, or traffic lights may have surveillance cameras that captured the hit-and-run. Even bystanders might have recorded footage on their phones or snapped pictures of the vehicle involved.
Photos of the accident scene or vehicle damage can provide vital clues, such as the car’s license plate or distinguishing features. These forms of evidence are invaluable in helping your attorney identify the driver and hold them responsible for the damage caused.
Vehicle Damage Photos
The physical damage to your car can reveal a lot about the other vehicle involved. Photos taken immediately after the accident can help determine the at-fault vehicle’s color, size, and even its make and model. Scratches, dents, and paint transfers can provide critical evidence when compared to the damage found on a suspect’s vehicle.
This kind of forensic evidence can be used to establish a connection between the vehicles involved and confirm the identity of the hit-and-run driver.
How to Locate the Driver After a Hit-and-Run Accident
Once you’ve gathered as much evidence as possible, the next step is to take action to locate the responsible driver. Here are five strategies that can help:
1. Speak to Witnesses
Witnesses at the scene may have observed important details about the accident or the fleeing driver. They might have seen the car’s license plate, noted the make and model, or even captured a photo or video. Bystanders can provide invaluable information that can help authorities track down the driver. If you’re unsure how to approach witnesses or gather statements, an experienced Reading hit-and-run lawyer can assist with these efforts.
2. Notify Law Enforcement
It’s crucial to report the accident to local authorities immediately. Police officers have the resources and technology to aid in identifying the driver, such as using facial recognition software or checking local surveillance footage. They can also issue a report that can be useful in legal claims and insurance investigations. Your attorney can work closely with law enforcement to ensure all leads are followed.
3. Check Nearby Surveillance Cameras
Nearby homes, businesses, or traffic intersections may have surveillance footage that captured the hit-and-run accident. You can request access to this footage or ask the police to gather it as part of their investigation. A formal letter of request may help in obtaining this evidence if cooperation is difficult.
4. Contact Government Agencies
If you have any information about the fleeing vehicle, such as a partial license plate number, the Department of Motor Vehicles (DMV) can be a helpful resource. The DMV can trace the plate back to its registered owner, giving you an important lead in identifying the driver.
Additionally, reporting the crash to Pennsylvania’s Department of Transportation ensures the incident is on record and may assist in tracking down the responsible party.
5. Seek Legal Assistance
An experienced legal representative can be an invaluable ally after an accident. Not only can they help collect evidence and locate the driver, but they can also guide you through the process of pursuing compensation for your injuries and damages. Working with a skilled attorney increases your chances of recovering damages and holding the hit-and-run driver accountable.
How Much is My Reading Hit-and-Run Accident Claim Worth?
When dealing with the aftermath of a hit-and-run accident, one of the most common concerns is the potential settlement amount. However, determining an average settlement for a hit-and-run case is challenging, as each situation is unique. Various factors can influence the outcome and significantly impact the compensation you receive.
Factors That Impact Hit-and-Run Settlement Amounts
Settlement values in hit-and-run cases depend on multiple elements, all of which relate to the physical, emotional, and financial impact of the accident. These factors include:
- Insurance Policies: The amount you recover will depend on both your insurance policy and, if applicable, the at-fault driver’s coverage. In some cases, uninsured motorist coverage may come into play.
- Property Damage: The severity of damage to your vehicle and other personal property will affect your settlement.
- Injuries and Medical Expenses: The extent of your injuries, medical treatments, and anticipated future healthcare costs will be factored into the compensation amount.
- Pain and Suffering: Non-economic damages, such as emotional distress and the impact of your injuries on your daily life, can also be compensated.
Hit-and-run settlements can vary widely based on these circumstances. Some cases may resolve for as little as $10,000, while others can exceed $2,000,000 depending on the severity of the injuries and the impact on the victim’s life. This wide range makes it crucial to consult with an experienced Reading hit-and-run lawyer to fully understand the potential value of your case.
How Long Will It Take to Settle a Hit-and-Run Case?
The time it takes to settle a hit-and-run claim also varies significantly based on the specifics of the case. Settlement negotiations typically involve gathering substantial evidence to prove your claim. Your attorney will need time to collect witness statements, review surveillance footage, and gather medical documentation.
Once all the evidence is compiled, your attorney will enter negotiations with the insurance companies. In many cases, settlements are reached during these discussions. However, if negotiations fail to result in a satisfactory offer, your case may proceed to a lawsuit, which could lengthen the process.
Next Steps for Hit-and-Run Victims
If you’ve been injured in a hit-and-run accident in Reading, Pennsylvania, it’s essential to act quickly. Gathering evidence and securing legal representation early can strengthen your case and improve your chances of obtaining fair compensation.
A knowledgeable attorney from Wilk Law Personal Injury & Car Accident Lawyers will guide you through the process, helping you understand the settlement timeline and what you can expect in terms of compensation.
For a detailed consultation about your case, reach out to our law firm today to learn how we can assist you in seeking the compensation you deserve.
Experienced Car Accident Attorneys in Reading, Pennsylvania
At Wilk Law Personal Injury & Car Accident Lawyers, we understand the emotional and financial toll a hit-and-run accident can have on you and your family. As a trusted hit-and-run lawyer in Reading, Pennsylvania, we are committed to providing compassionate and aggressive legal representation to ensure that you receive the justice and compensation you deserve.
Our team has extensive experience handling complex hit-and-run cases, and we know the steps necessary to identify the responsible party and hold them accountable.
If you’ve been injured in a hit-and-run accident, don’t navigate this challenging situation alone. At Wilk Law Personal Injury & Car Accident Lawyers, we’re dedicated to protecting your rights and fighting for the best possible outcome. Let our experienced legal team guide you through the legal process, ensuring that your voice is heard and your needs are met.
Contact us today to schedule a consultation and take the first step toward recovering the compensation you’re owed.
Locations near Reading, Pennsylvania, which Wilk Law Personal Injury & Car Accident Lawyers serves include West Chester, Philadelphia, Coatesville, Pottstown, Kennett Square, Phoenixville, Downingtown, Exton, Berwyn, Valley Forge, Devon, Frazer, and more.