What is Considered a Hit and Run in North Carolina?
According to North Carolina law, Raleigh motorists must bring their vehicle to an immediate halt following an auto accident. The drivers involved in the car accident must remain with their motor vehicles until law enforcement arrives at the scene to investigate the collision.
In the year 2020, there were nearly 250,000 hit and run car accidents in the state of North Carolina. While this is an alarming number, it marks a decrease from the previous year. Despite that decrease, fatalities actually increased. 20% of all hit-and-runs in NC involved bicyclists and pedestrians. The most common causes of hit-and-run accidents in the year 2020 were drunk driving, unsafe lane changes, distracted driving, and driving at excessive speeds. According to AAA, nearly 12% of all motor vehicle crashes are hit-and-run motor vehicle accidents.
Motorists may have several reasons for fleeing the scene of a car accident. Maybe they don’t have a driver’s license, maybe they don’t have car insurance, or maybe they know that they were negligent in some way and the cause of the accident. Whatever the case may be, though, it is illegal to do what they’ve done.
A hit-and-run is any car accident involving one or more parties leaving the accident scene. Regardless of whether there was any serious property damage or bodily injuries suffered in the accident, drivers are legally required to stay with their vehicles after an accident until police and other first responders arrive. A hit-and-run accident may occur in any collision with another vehicle, a pedestrian, or an object. Even if you were the party that was hit, you should stay at the scene of the accident until law enforcement arrives.
Is it Ever Okay to Leave the Accident Scene?
In almost all cases, when an individual leaves an accident scene before law enforcement arrives to investigate it, this will be deemed a hit-and-run. However, there are some exceptions. Under some circumstances, it may be justified to leave the scene. However, regardless of the justification, be sure to return to the accident scene in a timely manner.
Potentially acceptable reasons to leave the scene of an accident include:
- To receive emergency medical attention
- To call for emergency services
- To avoid further injury
- If you hit a parked car
In instances where a motorist strikes a parked car, they should still wait at the scene for a reasonable amount of time for the car owner to return. Only after a reasonable wait, after it seems that the car owners will not be returning anytime soon, are you allowed to leave. However, you must leave a note in a secure location with information about your name, phone number, and e-mail address.
What to Do Immediately After a Hit and Run Accident?
If you’ve been injured in an auto accident and the other driver flees the scene, you must do everything within your power to protect your life and your legal case.
Call 911 as soon as you are able. Be sure to give responding officers as much information as you can about the other vehicle, including make, model, color, and license plate information.
Seek immediate medical attention for your injuries. Even if you believe your injuries to be minor, it is essential that you get the medical care you need from professionals. Failure to seek medical attention could result in your case being devalued or dismissed.
Attempt to acquire evidence useful to your case, such as video, photographs, and eyewitness testimony.
While you should contact your insurance company to report your claim, do not go so far as to provide a recorded statement to the insurance adjuster before first speaking with your personal injury attorneys.
If you have not done so already, now is the time to contact your lawyer about your hit-and-run accident and related injuries. Our Raleigh, NC, law firm has extensive experience representing clients in complex car accident cases, including those involving hit-and-runs. To learn more about our legal services, please contact our law firm to schedule your free initial consultation today.
Can Law Enforcement Find the Hit-and-Run Driver Who Fled the Scene?
Just because the other driver fled the scene does not mean that you are without hope of recovering compensation for your injuries and other losses. It is never a waste of time to report a hit-and-run accident to the police. Approximately half of all hit-and-run drivers are eventually identified.
In a hit-and-run accident investigation, it is necessary to examine a variety of important evidence, including security cam footage, debris left on the road, and automotive paint left on the victim’s car or clothes.
Once an investigation identifies a suspect, obtaining an additional court order allows investigators to examine additional evidence related to the case. This additional evidence, such as cell phone data that provides information about the driver’s location at the time of the crash, can help seal the case.
What Are the Consequences for Those Who Flee the Scene of a Car Accident?
A hit-and-run can be charged as a misdemeanor or a felony in Raleigh, NC, depending on various factors related to the case, including the severity of the injuries suffered.
If charged as a Class 1 misdemeanor, a hit-and-run accident usually involves only minor property damage or minor physical injury. A Class 1 misdemeanor hit-and-run can result in up to 120 days in jail and costly fines.
Class H felony hit and runs involve auto accidents resulting in serious bodily injury or death. These charges can result in up to 25 months in prison, hefty fines, and a driver’s license suspension.
A motorist may be charged with a Class F felony hit and run if the accident results in catastrophic injuries or serious bodily injuries with a substantial risk of death. Penalties may result in up to 41 months of jail, costly fines, and a suspension of a driver’s license.
How Do Hit and Run Victims Pursue Compensation?
If you have been the victim of a hit-and-run accident, it is important to understand that different factors may impact the outcome of your case. For example, there exists a possibility that you may never learn the identity of the driver who struck your vehicle and caused your injury. In such cases, matters will be decided between you and your insurance company. Compensation for your injuries and other losses depends upon your uninsured motorist insurance.
If the at-fault driver is identified, then both a criminal case and a personal injury case begin. You do not have the ability to charge a person with a crime; only law enforcement has that authority. But you can file a personal injury claim against the at-fault drivers. A criminal conviction could ultimately help your personal injury case by serving as evidence of fault, though. With a successful case, it is possible to recover financial compensation, including medical expenses, lost wages, and property damage expenses, from the defendant.
Schedule a Free Consultation with Experienced and Compassionate Attorneys Today
If you have been in a hit-and-run accident, it is imperative that you seek legal representation from experienced car accident attorneys. Our legal team has the knowledge, compassion, and experience necessary to help you with your case. To learn more about our legal services, we encourage prospective new clients to contact our North Carolina law firm to schedule a free case evaluation.
You may reach us at 919-277-0150.
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