If you were hurt in a hit and run accident in Pennsylvania, you can still take legal action. It doesn’t matter that the other driver left the scene – you can get compensation for your injuries.
Hit and run cases work differently from regular car accidents. Pennsylvania has specific rules about hit and run cases, and you must meet deadlines to protect your right to compensation.
These cases can be complicated, and insurance companies don’t always make it easy. You need someone who knows how to handle Pennsylvania hit and run accidents. Contact the Pennsylvania car accident lawyers at Munley Law for a free consultation about your case.
Hit and Run Laws and Your Legal Rights in Pennsylvania
Pennsylvania law defines a hit and run as leaving the scene of an accident without stopping to exchange information or provide aid. The law states that drivers must stop immediately after any auto accident that causes injury, death, or property damage over $1,000. They must exchange their name, address, driver’s license number, and insurance information with the other parties involved.
When a driver flees the scene of an accident, they can face serious criminal charges, including fines, license suspension, and possible jail time. However, the criminal case against the driver is separate from your right to seek compensation through the civil court system.
The short answer to “Can you sue for a hit and run in Pennsylvania?” is yes, you can pursue financial recovery. Still, your legal options depend on whether the fleeing driver is identified. If police identify the driver, you can file a personal injury lawsuit against them. If the driver remains unknown, you can still recover compensation through uninsured motorist coverage.
Pennsylvania gives you two years from the accident date to file a lawsuit against an identified hit and run driver. For uninsured motorist claims, you typically have 30 days to notify your insurance company about the accident, though some policies allow more extended periods.
Challenges Car Accident Victims Can Face in Hit and Run Cases
Hit and run cases present obstacles that don’t exist in typical car accident claims. The biggest challenge is often identifying the driver who fled. Without a license plate number or a clear description of the vehicle, finding the responsible party can be nearly impossible.
Even when you have some information about the fleeing vehicle, the evidence trail grows cold quickly. Witnesses may leave the scene, surveillance footage is recorded, and physical evidence at the crash site can be disturbed or lost. This makes gathering proof much harder than in accidents where both drivers remain at the scene.
Insurance companies often scrutinize hit and run claims more closely than standard accident claims. They may question whether the accident happened as you described or whether another driver was involved. Insurance adjusters sometimes become suspicious of the claim without the other driver present to provide their version of events.
Proving the full extent of your damages can also be more difficult. In regular car accidents, the other driver’s insurance company is incentivized to investigate and document your injuries to determine their liability. In hit and run cases, you bear more responsibility for establishing your medical treatment and financial losses.
Special Damages Available in Hit and Run Cases in PA
Pennsylvania law allows victims to recover additional compensation when a driver illegally flees the scene. These enhanced damages go beyond what you might receive in a typical car accident case.
Punitive damages may be available against hit and run drivers. Unlike regular compensation that covers your actual losses, punitive damages are designed to punish the driver for their particularly bad behavior. Courts award these damages when a driver’s conduct shows a reckless disregard for others’ safety.
The fact that a driver fled the scene can also influence how much compensation you receive for pain and suffering. Juries often view hit and run drivers as more blameworthy than drivers who stay at the scene, which can result in higher damage awards.
Pennsylvania’s uninsured motorist coverage sometimes provides better benefits for hit and run victims than for other types of uninsured driver accidents. Some insurance policies enhance coverage when the other driver commits a hit and run, recognizing the additional trauma and difficulty these cases create.
What Evidence Is Needed In a Pennsylvania Hit and Run Case?
Taking the proper steps immediately after a hit and run can make the difference between recovering full compensation and getting nothing. Your priority should always be getting medical attention if you’re injured, but there are critical evidence-gathering steps to take as soon as it’s safe.
Call 911 immediately to report the accident and request police response. Give the dispatcher as much information as possible about the fleeing vehicle, including color, make, model, license plate number, and direction of travel. Even partial information can help police locate the driver.
Look for witnesses who saw the accident or the fleeing vehicle. Get their names and contact information before they leave the scene. Witnesses often provide the key evidence to identify hit and run drivers or corroborate your accident account.
Take photos of everything: your vehicle damage, the accident scene, any debris left by the other vehicle, your injuries, and the surrounding area. Modern smartphones can capture crucial evidence that might disappear before investigators arrive.
Police investigations in hit and run cases often involve checking nearby surveillance cameras from businesses, traffic lights, and residential security systems. They may also issue public appeals for information and check with local auto repair shops for vehicles matching the description of damage.
Private investigators can pick up where police investigations end. They have specialized techniques for tracking down hit and run drivers, including database searches, canvassing for additional witnesses, and following up on tips that police may not have time to pursue.
The evidence from any criminal prosecution of the hit and run driver can strengthen your civil case. Police reports, witness statements, physical evidence, and even the driver’s guilty plea can all be used to prove liability in your lawsuit for damages.
Criminal and civil cases often proceed on different timelines. The criminal case focuses on punishing the driver for breaking the law, while your civil case seeks compensation for your losses. You don’t have to wait for the criminal case to be resolved before pursuing your civil claim.
Why Hit and Run Cases Require a Pennsylvania Car Accident Lawyer
Hit and run cases demand investigation techniques that most personal injury attorneys don’t regularly use. Tracking down fleeing drivers often requires specialized database searches, surveillance analysis, and coordination with law enforcement that goes beyond typical accident cases.
An experienced hit and run attorney knows how to work with police investigators without interfering with their criminal case. They can often access evidence and witness statements that aren’t available to the general public, and they understand how to use criminal case developments to strengthen your civil claim.
Uninsured motorist claims involve complex insurance laws that vary significantly between insurance companies and policy types. What looks like a standard claim to an inexperienced attorney might involve multiple coverage types, stacked limits, or coordination between different insurance policies.
The enhanced damages available in hit and run cases require specific legal strategies to maximize your recovery. Proving that you deserve punitive damages involves different evidence and legal arguments than standard negligence cases.
Get Help with Your Pennsylvania Hit and Run Case
Hit-and-run accidents leave victims with injuries, property damage, and financial stress while the responsible driver escapes consequences. However, you don’t have to handle this situation alone. Pennsylvania law provides multiple paths to recovery, but navigating these options requires experience with the unique challenges these cases present.
Don’t let time work against you. Evidence disappears quickly in hit and run cases; insurance deadlines can bar your claim entirely if you miss them. Contact the experienced Pennsylvania hit and run attorneys at Munley Law today for a free consultation about your case.
We work on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Call us now to discuss your hit and run accident and learn about your options for recovery.
