What Should I Do If I’m Injured In A Hit-And-Run Accident?: FAQ

When you’re a Connecticut pedestrian, a close call with a speeding car can trigger a question or two. What should I do if I’m injured in a hit-and-run accident? Who will pay my medical bills and lost wages? Should I call the police? Whether you walk for exercise, stroll to relax, or jog a few blocks to work, you run the risk of pedestrian accidents every time you walk out the door. 

When a vehicle collides with a pedestrian, the results are sadly predictable. Whether you’re bulky, healthy, or physically fit, even a low-speed impact can cause serious, catastrophic, or fatal injuries. Sadly, many pedestrian casualties involve hit-and-run drivers. They injure innocent victims and leave the scene unidentified. It’s a callous reality that leaves the victim injured in a hit-and-run accident to deal with the tragic outcome.

A motor vehicle accident attorney can answer your questions

If you are injured in a hit-and-run accident, a legal professional can work to recover the compensation you deserve. As Connecticut pedestrian accident attorneys, we’ve worked with many injured pedestrians. If a negligent driver hurts you, we know you have questions. That’s why we created “What should I do if I’m injured in a hit-and-run accident?” We recommend consulting an injury attorney. In the meantime, our FAQ can address your immediate questions. 

Should I call the police after a hit-and-run accident?

Yes. If an unidentified driver hits you and drives away, you should call your local police department to make a report. Connecticut’s Vehicle Highway Use statutes require you to report an accident ‘immediately,’ if it involves “physical Injury.” Even though someone else was driving, the incident meets the state’s accident reporting requirement. Reporting a hit-and-run is essential for these additional reasons. 

• It’s a crime when a driver hits you and flees the scene unidentified. 
• You can ask for emergency transportation to a hospital. 
• The police will investigate your accident and may locate the person who hit you. 
• A police report adds credibility to your version of the accident.
• Your insurer requires you to file a police report if you plan to make an uninsured motorists claim. 

Personal Auto policies provide uninsured motorist coverage for bodily injury sustained in a hit-and-run accident. Your insurer will fill the liability carrier’s role in paying your accident-related damages. You must report your accident to a law enforcement agency to confirm the circumstances. If you fail to make a police report, your insurance company may decide to deny your claim.   

Serious Injury. Serious Results. Start Your Risk-Free Case Evaluation Here.

If a driver leaves the scene, is it still considered a motor vehicle accident?

It’s a motor vehicle accident, even if a driver hits you and then leaves the scene. A motor vehicle accident is a collision involving a car, truck, or any other vehicle as defined in Connecticut’s Motor Vehicle statutes. The statutory definition considers a vehicle’s propulsion, intended use, speed, and operator control. 

Why do pedestrian hit-and-run accidents happen

Accidents happen when a motorist collides with someone who’s walking, running, or strolling. This occurs most often when a pedestrian is crossing from one side of the street to the other. While this may seem like a simple process, it involves multiple assessments, decisions, and actions. 

• A pedestrian must judge their ability to cross the street safely. 
• They examine the streets for traffic. 
• In assessing traffic, parents teach young children to look left, then right, then left again.
• A pedestrian must listen for oncoming vehicles. (Electric and hybrid vehicles make minimal audible sounds.)
• If a pedestrian sees an oncoming vehicle, they must judge its speed and distance.  
• If a traffic signal or sign requires a driver to stop, a pedestrian may anticipate their compliance.
• Only then does a pedestrian cross the street.   

Whether it’s a conscious act, every pedestrian conducts this type of analysis before they cross a street. They have no way of guaranteeing a driver will do the same. Drivers sometimes speed, drive distracted, disregard traffic signals, or engage in other unpredictable, unsafe acts that a pedestrian might not anticipate. Due to developing or diminishing cognitive abilities, younger and older victims have a more difficult time assessing the inherent risks of crossing a busy street. 

When a vehicle/pedestrian accident occurs, some drivers dial 911 and wait to deal with the consequences. Others simply drive away. This can happen for several reasons:

• Unwillingness to face legal consequences
• Driving under the influence.
• No insurance
• Invalid license
• Prior bad driving history

When a driver hits a pedestrian, they don’t always think about reasons, consequences, or doing the right thing. They don’t worry about the harm they caused. Sometimes they simply panic and leave the scene. 

Protect Your Future. Review Your Accident Case With Nate Baber.

Why do pedestrian accidents occur so frequently?

As the National Highway Traffic Safety Administration explains, “At some point in the day, everyone is a pedestrian.” People walk for exercise or relaxation, or they run in local green spaces. Others drive to social events or work destinations, but at some point, they exit their vehicles and walk the rest of the way. 

Each day, pedestrians encounter multiple circumstances where they may become injured in a hit-and-run accident. Negligent drivers are a major factor. Limited traffic enforcement and infrastructure issues are also primary reasons why pedestrians must navigate unsafe walking environments. 

A recent Governors Highway Safety Association report explains how a “…steep drop in traffic enforcement nationwide since 2020…” and infrastructure deficiencies contribute to pedestrian fatalities. The nonprofit, Smart Growth America, also addresses pedestrian-related infrastructure issues. Their most recent edition of “Dangerous By Design” reveals how high numbers of pedestrian accidents occur in cities due to the intersection of vehicle and pedestrian access ways. 

• Cities design and build roads to accommodate fast-moving vehicle traffic.
• Intentional or not, road designs are unsafe for pedestrians. 
• Communities don’t always have sidewalks, crosswalks, and lighting to help keep pedestrians safe. 
• To support safe walking, pedestrians require environments with slower speeds. 
• Larger, heavier vehicles increase the likelihood of pedestrian injuries and fatalities. 

What should I know about pedestrian accident statistics and trends?

Pedestrian accidents occur more often than you realize. Connecticut’s Department of Transportation, the UConn Crash Data Repository, Watch For Me, and the NHTSA are just a few of the agencies and organizations that track accidents reported to law enforcement agencies. These and other resources share state and national pedestrian injury statistics and trends based on their most recent annual data:

• Annual nationwide pedestrian fatalities: 7,314
• Nationwide pedestrian injuries: 68,000
• Total Connecticut crashes involving pedestrians: 1,290
• Connecticut: pedestrian fatalities: 68
• Connecticut: serious pedestrian injuries: 178

The NHTSA’s Pedestrian Traffic Safety Facts most recent annual publication, shares national statistics and trends based on their analysis of 2022 accident data.

• Hit-and-run drivers cause 24% of fatal pedestrian accidents. 
• Pedestrians were killed in USA traffic crashes every 70 minutes. 
• A pedestrian was injured every 8 minutes.
• People 65 and older comprised nineteen percent of all pedestrian fatalities.
• Of children under age 14 who were fatally injured in accidents, seventeen percent were pedestrians. 
• Men made up 70% of fatally injured pedestrians. 
• Pedestrian accidents occurred more frequently in urban areas (85%) than in suburban areas (15%.)

Serious Injuries. Serious Results. Serious attorneys. Start Your Risk-Free Case Evaluation

What injuries do pedestrian accidents cause?

Some pedestrians walk away from accidents with mild injuries or no injuries at all. Far too many sustain serious, catastrophic, or life-threatening brain injuries, spinal trauma, internal injuries, or multiple fractures. Sadly, due to their frailty, younger and older pedestrians typically sustain the most devastating injuries. 

Speed is a major factor in pedestrian accident injury outcomes. The US Department of Transportation’s Safer Speeds page explains the role of this risky driving behavior in pedestrian injuries and fatalities. As a driver’s speed increases, pedestrian injuries reflect a corresponding increase in injury severity.

• 23 miles per hour: 10% risk of death
• 32 mph: 25% risk of death
• 42 mph: 50% risk of death
• 58 mph: 90% risk of death

Should I report a claim after a car crash?

Yes, your policy requires it. If a motorist hits you or you are injured in a hit-and-run accident, your coverage may apply, and you must file a report with your auto insurance company. To minimize the potential for delayed reporting coverage issues, you should file a report with your insurer as soon as possible after your accident.

Don't Suffer Alone. Get Strong Legal Support from Baber Law.

Does UM insurance cover hit-and-run injuries?

Yes, your uninsured motorist coverage should pay for your hit-and-run injuries. As uninsured motorist coverage is mandatory in Connecticut, your policy should have at least the minimum liability limit for UM coverage. 

Personal auto policy language varies, but UM insurance agreements follow traditional coverage guidelines. They “… pay compensatory damages for bodily injury an insured is legally entitled to recover from the owner or driver of an uninsured motor vehicle…”

When you have uninsured motorist coverage, your insurer establishes a bodily injury claim with you as the claimant. A claims adjuster handles your claim as though they were the runaway driver’s liability carrier. They do the following:

• Investigate your accident
• Determine if the other driver is legally liable for your injuries
• Evaluate your injuries
• Negotiate a bodily injury settlement based on the other driver’s liability exposure

Can I sue an unknown driver after a hit-and-run accident?

In most instances, your attorney will try to resolve your UM bodily injury claim before your statute of limitations runs. If they can’t reach an agreement, you may have to consider other strategies. When you have a pending UM claim, filing a lawsuit against an unknown party presents several complications. 

• To sue someone, you must serve them a copy of the suit in compliance with court guidelines. 
• If you can’t serve a valid defendant, it minimizes the benefit of filing a suit. 
• When you have a UM claim pending, you must get your insurer’s permission to sue.
• While handling your claim, your insurer will likely have tried to identify and locate the negligent driver to place them on notice of their potential subrogation claim.  
• If the police or the insurer can’t locate the negligent driver, filing a lawsuit won’t likely provide any benefits. 
• If your attorney files a suit on your behalf, it will take longer to settle your UM claim and increase your contingency fee.

It’s possible that your attorney can review your case and find some benefit to filing a lawsuit against a John Doe defendant. 

Do I need a pedestrian accident attorney?

Yes, is the reasonable answer. When you establish a relationship with a car accident lawyer, you have a legal team working on your behalf. They confirm your UM coverage with your insurer, then handle your case as they would a traditional liability claim. 

Attorneys investigate your accident independently. They assess potential legal issues and help you work through any insurance complications. They understand how to evaluate injuries, and they negotiate to recover maximum compensation while you rest and heal. 

How do I find a hit-and-run accident attorney?

You should contact a pedestrian accident attorney as soon as possible. They can guide you through the early stages when insurance adjusters are intent on invading your privacy. If you don’t have prior experience with an attorney, ask a friend for a referral or search for a local law firm with a strong pedestrian accident track record. Before you make a decision: 

• Review each law firm’s practice specialties on their website
• Search online reviews for client evaluations
• Search legal review sites such as Superlawyers or Avvo  
• Schedule a consultation to discuss your case 
• Make a list of questions to ask.

Remember, you’ll be working with your attorney for weeks, months, and possibly years. Before you commit to an attorney/client relationship, be sure you feel a sense of comfort and trust. 

Should I contact a car accident attorney near me?

Yes. When you work with an attorney close to home, it may increase your trust and comfort level. You have an easier time scheduling consultations and conferences. You don’t have to travel long distances to discuss your case. Your attorney is more accessible as they don’t have to travel a long distance to meet with you. 

Contact a Connecticut Pedestrian Accident Lawyer

When a driver injures you and leaves the scene unidentified, you need a law firm with the compassion to work with you during a difficult time. When you contact a pedestrian accident attorney, they can intervene with your insurance carrier to resolve any uninsured motorist coverage issues. They can protect your legal interests and work to recover compensation while you’re recovering from your injuries. 

When you schedule a free consultation, you can discuss your case with a legal professional. You’ll have an opportunity to learn about your legal and contractual options. You decide when and if you choose to make an uninsured motorist claim.