Driver Leaves Scene of Charleston Hit and Run Accident

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Accidents happen every day, but when two cars recently collided in Charleston, the driver of one of the vehicles fled the scene. Officers who arrived shortly afterward pursued the vehicle and arrested the driver.

This recent incident illustrates a scenario that is all too common after car crashes. A hit and run accident occurs when people who are involved in an accident — which may involve pedestrians, another vehicle, or fixed objects — leave the scene without identifying themselves or attempting to assist anyone who may be injured. What many people don’t realize is that it doesn’t matter whether or not a person actually caused the accident, leaving the accident scene under any circumstance (except for quickly getting emergency assistance) may constitute a hit and run.

What happens after a hit and run?

Depending on the circumstances and applicable state laws, a hit and run may be considered a felony or misdemeanor offense. When there is an injury involved, the offense is more likely to be classified as a felony. Either way, a driver’s license is generally revoked or suspended for six months or longer. Also, if a person is found guilty of a hit and run, many insurance companies will cancel that individual’s insurance policy.

The person who caused the accident could also be liable for damages resulting from the crash, including personal injuries and property damage. Often, the amount awarded in damages is increased because of the reckless behavior involved in a hit-and-run accident. In short, it is easier for plaintiffs to demonstrate that the at-fault driver was reckless or negligent if that person attempted to leave the scene.

If you or a loved one has suffered injuries as a result of a hit and run accident in West Virginia, speak with an experienced personal injury attorney right away. 

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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