According to data published by the National Highway Traffic Safety Administration (NHTSA), almost a quarter of all bicyclist deaths in 2021 were hit and runs. Drivers seem likely to flee after striking cyclists, often increasing the chances of fatalities. As the League of American Bicyclists notes, drivers who strike cyclists are often the only ones available to call 911. This phone call can save lives – but many drivers avoid this basic responsibility. Even if the victim survives despite being left alone on the road, they may miss out on vital treatment. Brain damage and many other injuries require immediate attention, and a few lost minutes could have permanent consequences for injured cyclists. Despite these challenges, families and victims who have experienced hit and run bike accidents may be able to take legal action with help from personal injury lawyers in Vermont, New Hampshire, and Florida. To learn more about potential legal options, consider calling Shillen Mackall Seldon & Spicer at (802) 457-4848.
You May Be Able to Pursue Compensation Even if The Driver Fled
In some states, it is possible to pursue compensation without ever proving that someone else caused the bike accident. For example, Florida follows a “no-fault” system which provides liability coverage regardless of who caused the accident. Even if an injured cyclist cannot locate the driver who fled, they may still be able to file a no-fault PIP claim to cover their medical expenses and missed wages. Note that in most cases, a car insurance policy will cover a policyholder even if they were not driving at the time of their injury. In other words, an injured cyclist can use their car insurance to recover compensation.
However, not all states follow this no-fault system. Both Vermont and New Hampshire are “at-fault” or “tort” states when it comes to car accidents. Under this system, injured plaintiffs must prove that someone else was to blame for their injuries. If injured cyclists cannot locate the driver who caused their injuries, it may be challenging to recover compensation. These challenges may be easier to overcome with help from an experienced personal injury law firm – such as Shillen Mackall Seldon & Spicer.
How Do I Catch a Hit-and-Run Driver?
Injured cyclists should prioritize their health instead of trying to single-handedly catch hit-and-run drivers. The investigation can wait, and it makes more sense to seek immediate treatment. Even if a cyclist feels unsure about the extent of their injuries, it is better to be safe than sorry. Visit a healthcare provider and obtain an accurate diagnosis. Various tests may be necessary, including CT scans, X-rays, and more. Even a slight knock to the head can have serious consequences, and fractures can often be surprisingly difficult to confirm.
Cooperate With Law Enforcement
After reaching a stable condition, consider filing an accident report. Local law enforcement officers are likely already aware of the collision, but it makes sense to follow up. At this point, an injured cyclist can provide any information that might be useful. This includes the license plate number, model, brand, and color of the vehicle. If the cyclist is aware of any damage to the vehicle, this can also help law enforcement during the investigation. For example, the collision may have dented the front right bumper.
Collect Evidence From the Scene
Evidence from the crash scene can be helpful. For example, an injured cyclist may have used their phone to film the driver fleeing. Another form of evidence is an eyewitness account, and cyclists can collect contact information from anyone who might have seen the incident. An injured cyclist should only collect this type of evidence if they can do so safely. It may make more sense to immediately call 911 first rather than filming the scene. In addition, police officers generally collect contact information from eyewitnesses when they arrive.
An experienced injury lawyer may be able to help collect different kinds of evidence from the crash scene. For example, they may ask nearby businesses for their surveillance camera footage. This footage could help determine the license plate number of the hit-and-run driver. Injury lawyers may also collect many other types of evidence that could be helpful.
Collect Evidence for Your Damages
After a hit and run bike accident, a cyclist may struggle with a range of “damages.” These represent losses, and they can be either financial or emotional/psychological. An injured cyclist must collect evidence that proves their damages are legitimate. Otherwise, it may be impossible to recover compensation. Examples of economic damages include medical expenses and missed wages. Medical records, doctors’ notes, and medical receipts can all help prove the legitimacy of medical expenses. Pay stubs, tax returns, and other income statements can help prove the legitimacy of lost earnings.
Non-economic damages are more varied, and they include post-traumatic stress disorder (PTSD), disfigurement, loss of enjoyment of life, emotional distress, and more. Various types of evidence can help prove the legitimacy of these losses. Cyclists might consider keeping a journal after their accidents, as these records can help highlight their emotional and psychological challenges during recovery. As long as the journal entries were made contemporaneously with the actual events, they are admissible as evidence. If a cyclist dies in a hit-and-run bike accident, their family may be able to pursue additional damages via a wrongful death claim. These damages include funeral expenses, loss of consortium, and grief.
Can a Personal Injury Lawyer Help After a Hit and Run Bike Accident?
A personal injury lawyer in Vermont, New Hampshire, or Florida may be able to help victims of hit and run bike accidents. These accidents can cause frustration, severe injuries, and ruinous economic losses – but it is possible to pursue justice in the aftermath. The Foundation for Traffic Safety states many hit-and-run drivers are eventually caught by law enforcement. That being said, criminal justice does not provide victims with compensation in the same way as civil lawsuits. A personal injury lawyer may be able to help victims hold these negligent drivers accountable, and this may help cover economic and non-economic damages. To discuss the next steps in more detail, consider calling Shillen Mackall Seldon & Spicer at (802) 457-4848.