Hit-and-run accidents are a serious issue in Anderson, Indiana. These incidents occur when a driver involved in a collision leaves the scene without providing identification or assistance to the other parties involved, which poses significant risks to the victims and complicates the legal process. In such cases, an experienced Anderson hit-and-run lawyer can help you face the legal aftermath of these incidents.
In Anderson, Indiana, hit-and-run collisions made up 13.9% of all accidents in 2022, with a total of 28,722 incidents statewide. This high percentage underscores the prevalence of such accidents and the critical need for drivers to understand their responsibilities.
On a national scale, hit-and-run incidents are alarmingly common. In 2016, the United States saw 1,980 fatal hit-and-run crashes, resulting in 2,049 fatalities. With a hit-and-run crash happening every 43 seconds in the U.S., the importance of remaining at the scene cannot be overstated.
According to Indiana law, drivers involved in collisions that result in injury or death must remain at the scene and provide proper identification. Failing to do so can lead to severe criminal charges and further complicate the legal ramifications.
Ensuring compliance with this law is essential to avoid escalating the situation and facing more severe consequences. If you are involved in such an incident, it’s important to know your responsibilities and seek appropriate legal guidance from a skilled hit-and-run attorney in Anderson, Indiana.
What is Considered a “Hit-and-Run” in Anderson, Indiana?
In Anderson, Indiana, a hit-and-run occurs when a driver involved in a collision leaves the scene without fulfilling their legal obligations. These obligations include stopping at the scene, providing identification, and exchanging insurance information with the other party involved. Failing to do so constitutes leaving the scene of an accident, which is considered a serious offense.
A hit-and-run doesn’t just apply to collisions involving other vehicles on the road. If you hit a parked car, whether in a parking lot or garage and leave without attempting to find the owner or leaving a note with your contact and insurance information, that’s also a hit-and-run.
Similarly, if you damage property such as a fence, mailbox, or any other object and leave without notifying the owner, it is classified as a hit-and-run.
Moreover, in Anderson, Indiana, pets are considered property. Therefore, if you hit a pet like a dog or cat and leave without attempting to find the owner or leaving a note, it constitutes a hit-and-run.
In contrast, hitting a wild animal, such as a deer, requires notifying the authorities, especially if the animal poses a hazard to other drivers or if the damage exceeds $500, in which case an official report must be filed.
For immediate legal assistance from an experienced Anderson hit-and-run lawyer, contact our legal team today. We offer free case evaluations and can answer any questions you may have.
Why Are There So Many Hit-and-Run Accidents in Anderson, Indiana?
Hit-and-run accidents have become a significant issue in Anderson, Indiana, accounting for 20% of all traffic violations in 2022. This prevalence surpasses other types of accidents, such as speed-related collisions, which made up 9% of crashes in the same year.
Several factors contribute to the high incidence of hit-and-run accidents in Anderson, including the time of year, day of the week, and time of day when these accidents are most likely to occur.
Hit-and-run collisions are most prevalent during the first four months of the year. This trend may be influenced by weather conditions and increased travel during this period. Additionally, these incidents are more likely to happen on weekends, specifically Saturdays and Sundays, between midnight and 5:59 a.m. This time frame coincides with peak hours for alcohol-impaired driving, which further exacerbates the likelihood of hit-and-run accidents.
Reasons Why Drivers Flee the Scene
Several reasons contribute to why drivers might flee the scene of an accident:
- Lapsed Insurance: Some drivers may leave because their insurance coverage has expired, and want to avoid being caught without valid insurance.
- Active Warrants or Suspended License: Drivers with active warrants or suspended licenses may flee to avoid arrest.
- Underinsured: Drivers who realize they are underinsured might panic and choose to flee to avoid financial liabilities.
- Panic Reaction: Some drivers may inspect the damage they’ve caused and then decide to drive off to avoid responsibility.
Indiana law requires drivers involved in accidents to exchange personal information and insurance details and ensure that the other party does not need medical attention. Failure to do so can result in various criminal charges, depending on the severity of the accident and the extent of injuries caused.
Leaving the scene of an accident can lead to charges such as a class B misdemeanor for simply leaving, a class A misdemeanor if the other party suffers bodily injury, or more severe felonies if the accident results in serious injury or death.
To learn more about these types of accidents contact a skilled Anderson hit-and-run lawyer at our law firm today. We offer free consultations.
Who Covers My Medical Bills If The At-Fault Driver Left the Scene of the Accident?
Hit-and-run accidents can be particularly devastating, leaving victims injured and facing uncertainty about how to cover their medical bills. When the at-fault driver leaves the scene, it complicates obtaining compensation. However, there are several avenues through which you can secure payment for your medical expenses after a hit-and-run accident.
Health Insurance and Personal Coverage
Your health insurance can cover medical expenses such as emergency room visits, hospital bills, surgeries, doctor appointments, physical rehabilitation, and other necessary treatments. You will be responsible for co-pays and deductibles, and the amount covered depends on your policy specifics.
Uninsured motorist (UM) insurance is designed to cover medical expenses and other damages from accidents involving uninsured or hit-and-run drivers. This optional coverage can pay for medical expenses up to the policy’s limit, typically $25,000 per person.
Underinsured motorist (UIM) coverage applies if the at-fault driver is identified but lacks sufficient insurance to cover your injuries. Indiana law requires car insurance providers to offer UM and UIM coverage, which you must explicitly decline in writing if you choose not to purchase.
Personal injury protection (PIP) coverage, also known as “no-fault” insurance, covers medical expenses, lost wages, and other related costs regardless of who is at fault. Though not mandatory in Indiana, it is required in no-fault states.
Medical payment (MedPay) coverage is not required by Indiana law but can be added to your car insurance policy. It covers immediate medical bills for you or your passengers after an accident, regardless of fault, up to the policy’s limits.
If Medicare or Medicaid covers you, these government plans can pay for hospital stays, doctor visits, surgeries, prescription medications, and other necessary treatments. These plans may require reimbursement if you receive a settlement from the at-fault driver.
If you lack UM/UIM coverage, you can file a claim based on your collision coverage, which pays for the repair or replacement of your vehicle. This can free up financial resources to cover medical bills, with compensation based on your policy’s terms and limits.
Common Insurance Problems After a Hit-and-Run
Common insurance problems after a hit-and-run can complicate the process of obtaining compensation. Insurers may require evidence of a hit-and-run, such as a police report, witness statements, or physical damage to the vehicle.
They may dispute the claim’s validity, leading to delays or coverage denials. Insurance policies may have limitations on UM coverage, including maximum benefit amounts or specific exclusions, leading to disagreements over policy interpretation that can delay compensation.
Hit-and-run claims often involve complex investigations to gather evidence and assess damages, causing insurers to take time to verify circumstances before processing the claim, prolonging the wait for compensation.
Filing a claim for a hit-and-run may result in higher insurance premiums, as insurers may view it as an increased risk, leading to ongoing financial repercussions beyond immediate costs. Hit-and-run accidents involving motorcyclists, bicyclists, or pedestrians can be particularly severe, and insufficient insurance payouts may leave victims with unpaid medical expenses and damages, requiring them to seek alternative financial assistance.
For immediate legal assistance from a skilled Anderson personal injury lawyer, contact SLG Accident Attorneys today.
Is Leaving the Scene of An Accident a Crime in Anderson, Indiana?
Leaving the scene of an accident is a serious offense in Anderson, Indiana, with stringent laws and severe penalties. Indiana’s hit-and-run laws, detailed in Indiana Code 9-26-1-1.1, outline a driver’s duties following an accident and the consequences of failing to meet these obligations.
Indiana Hit-and-Run Laws
Drivers involved in an accident must:
- Stop the Vehicle: Immediately stop at the scene without obstructing traffic.
- Remain at the Scene: Stay until personal and vehicle information is exchanged.
- Assist and Report in Case of Injuries: Provide reasonable assistance and report the accident to authorities if there are injuries.
- Address Unattended Vehicle/Property Damage: Attempt to locate the owner or contact law enforcement.
Failure to comply can lead to being charged with leaving the scene of an accident, a Class B misdemeanor by default, which includes penalties like 8 points on the driver’s license and potential suspension.
What Are the Punishments for Being Convicted of a Hit-and-Run in Indiana?
Hit-and-run incidents in Indiana carry significant legal and administrative penalties depending on the accident’s severity. These penalties are structured to deter drivers from fleeing the scene and failing to fulfill their legal obligations.
Legal Consequences
Penalties are categorized based on the nature and impact of the accident:
- Class B Misdemeanor: This is the least severe category and applies when no bodily injury occurs. Offenders face up to 180 days in jail and fines up to $1,000.
- Class A Misdemeanor: If the hit-and-run causes bodily injury to another person, the offense escalates to a Class A misdemeanor. Conviction could result in up to one year in jail and fines reaching $5,000.
- Level 6 Felony: When the accident results in moderate or serious bodily injury, or if the offender has a relevant prior conviction, the charge elevates to a Level 6 felony. This level carries a potential sentence of up to 2.5 years in prison and fines of up to $10,000.
- Level 4 Felony: The consequences become more severe if the hit-and-run leads to death or catastrophic injury. In such cases, the offense is classified as a Level 4 felony, punishable by 2 to 12 years in prison and fines up to $10,000.
- Level 3 Felony: The most serious category applies if the driver was intoxicated, resulting in severe bodily injury or death. A Level 3 felony conviction can lead to a maximum of 16 years in prison and fines of up to $10,000.
Administrative Penalties
Beyond legal repercussions, hit-and-run offenders also face administrative sanctions that can complicate their lives:
License Suspension or Revocation: Leaving the scene of an accident triggers an automatic suspension of the driver’s license. The duration of the suspension can vary based on the circumstances of the offense.
Points on Driving Record: In Indiana, a hit-and-run conviction results in 8 points being added to the driver’s record. This accumulation can lead to further penalties if the driver exceeds the allowed point threshold, including license suspension.
Increased Insurance Premiums: Insurance companies view hit-and-run offenders as high-risk drivers, often resulting in significantly increased premiums or even policy cancellation.
Administrative Fees and Fines: In addition to criminal fines, various administrative fees are associated with reinstating a driver’s license or managing other penalties.
Vehicle Impoundment: In severe cases or repeat offenses, the vehicle involved in the hit-and-run may be impounded, adding further logistical and financial consequences for the offender.
Habitual Traffic Violations
Under Indiana Code 9-30-10-4, accumulating three judgments for specific offenses, including hit-and-run, within ten years can result in a 10-year license suspension. Further offenses during this period can lead to felony charges.
Indiana’s stringent hit-and-run laws underscore the importance of drivers remaining at the scene of an accident, cooperating with authorities, and fulfilling their legal responsibilities. Understanding these penalties highlights the severe repercussions of failing to do so and emphasizes the need for responsible driving behavior to protect individuals and communities.
If you have questions about Indiana Laws regarding accidents where the driver fled the scene, contact an experienced Anderson hit-and-run lawyer today. Our legal team is never too busy to speak with you about your case.
The Challenges Of Proving Liability in Hit-and-Run Accidents in Anderson, Indiana
Hit-and-run accidents in Anderson, Indiana, pose significant challenges for victims seeking compensation and justice, as establishing liability becomes exceedingly difficult for law enforcement and insurance investigators without crucial details such as license plates or eyewitness accounts.
Victims of hit-and-run accidents must contend with several obstacles. Firstly, a lack of tangible evidence at the scene makes it hard to reconstruct the accident or determine fault. Eyewitness testimony becomes pivotal but can be unreliable or scarce.
Insurance claims are processed under uninsured motorist coverage, necessitating thorough documentation and proof of the hit-and-run nature of the incident, which insurance companies may scrutinize closely.
Victims may need to file police reports promptly and navigate complex civil procedures to seek compensation while the emotional toll is profound, with victims facing injuries, medical expenses, vehicle damage, and potential lost wages, compounded by the trauma of the incident itself.
What Are Some of the Ways To Find the Driver Who Fled the Scene?
In Anderson, Indiana, finding the driver who fled the scene of a hit-and-run accident can be daunting but essential for pursuing justice and compensation. Here are effective methods to gather evidence and locate the responsible party:
Eyewitness Statements: Eyewitnesses play a crucial role in hit-and-run investigations. Their firsthand observations of the accident, including details like the vehicle’s color, make, model, or partial license plate numbers, provide critical leads for law enforcement and insurance purposes.
Photos and Video Footage: Surveillance cameras from nearby homes, businesses, or traffic monitoring systems can capture valuable evidence. Additionally, vehicle dashboard cameras or pictures taken by witnesses at the scene can help reconstruct the accident and identify the fleeing driver’s vehicle.
Photos of Vehicle Damage: Documenting your vehicle’s damage is vital. Noting the extent and specific locations of dents, scratches, or paint transfers can help correlate with the type of vehicle responsible for the hit-and-run.
Ways to Locate the Driver After a Hit-and-Run Accident
- Approach Eyewitnesses: Engage with bystanders and other drivers who witnessed the accident. They may recall crucial details such as the vehicle’s license plate number or distinctive features.
- Involve Law Enforcement: Report the hit-and-run to local authorities immediately. Police have access to databases and technologies like facial recognition software and vehicle registration records, which can help them identify the driver.
- Contact Nearby Homes & Businesses: Contact nearby establishments or residences for potential surveillance footage or additional eyewitness accounts that could provide more information about the incident.
- Seek Government Agency Support: Use resources such as the Department of Motor Vehicles (DMV) to trace vehicle ownership through license plate numbers. This can help identify the hit-and-run driver.
The Investigation Process and Steps in a Hit-and-Run Claim in Anderson, Indiana
In Anderson, Indiana, investigating a hit-and-run accident involves a systematic approach to identifying the responsible driver and ensuring justice. Law enforcement responds promptly to the scene, gathering physical evidence and taking statements from witnesses and the victim. Eyewitness accounts and video surveillance footage from nearby cameras are crucial in identifying the fleeing vehicle and its driver.
Following the initial response, investigators compile all gathered information into a comprehensive Traffic Crash Report. This report details the incident, including vehicle descriptions, witness statements, and any available insurance information. It serves as a critical document for both criminal prosecution and civil litigation.
Once the at-fault driver is identified, law enforcement initiates contact to discuss the case. Depending on the severity of the incident, criminal charges ranging from misdemeanors to felonies may be filed.
An experienced hit-and-run attorney in Anderson, Indiana, can guide victims through this process, ensuring their legal rights are protected and pursuing appropriate compensation for damages and injuries incurred.
How Much Money Can I Get For My Hit-and-Run Accident Claim in Anderson?
Determining compensation for a hit-and-run accident in Anderson, Indiana, involves considering several critical factors. These include the extent of insurance coverage you have, such as uninsured/underinsured motorist coverage, and the limits of your policy.
The amount you receive will also depend on the damages incurred, including property damage, medical expenses, and any future costs related to the accident. Compensation for pain and suffering, reflecting emotional distress caused by the incident, is also factored into the settlement.
Average settlements for hit-and-run accidents can vary widely, typically ranging from $10,000 to $2,000,000, depending on the specifics of each case. The process of reaching a settlement can take time, beginning with negotiation with insurance companies. If negotiations fail to result in an acceptable settlement, the next step may involve litigation, including discovery, mediation, and potentially a trial.
Navigating the complexities of a hit-and-run accident claim requires the expertise of a seasoned attorney in Anderson, Indiana. They can provide invaluable guidance, ensuring your rights are protected and helping you secure fair compensation for your damages.
Experienced Hit-and-Run Accident Lawyer in Anderson, Indiana
Handling the aftermath of a hit-and-run accident in Anderson demands seasoned legal expertise. SLG Accident Attorneys specializes in advocating for victims of these complex cases. With extensive knowledge of Indiana’s legal framework and a dedicated approach to client care, we are committed to securing fair compensation for your injuries and losses.
Our team offers compassionate support and individualized attention throughout your legal journey. If you’ve been affected by a hit-and-run incident, contact SLG Accident Attorneys today for a consultation. Let us stand by your side and fight for your rights
Locations near Anderson, Indiana that our legal team serves include Fishers, Indianapolis, Merrillville, Mishawaka, South Bend, Evansville, Schererville, Fort Wayne, Carmel, Noblesville, Greenwood, and more.
