Motor vehicle accidents account for nearly half of all spinal cord injuries (SCI) in the US every year. Spinal cord injuries can be very serious, causing permanent damage to the nervous system and resulting in paralysis.
Passengers are more at risk for SCI than drivers. Passengers seated at the back of the vehicle may not have the protection from airbags. Passengers rely not only on the diligence of the driver of the vehicle, but of other drivers on the road. Pedestrians too, rely on safe practices of motorists.
When a driver causes an accident resulting in an injury, they are liable for those damages. Spinal cord injury is expensive, and pursuing adequate compensation can ease this burden.
But what if the driver hits and runs?
Uninsured Motorist Coverage
If you have sustained an SCI from a hit-and-run accident you can try filing a claim under your own auto insurance policy, specifically using your “uninsured motorist” coverage.
Uninsured/underinsured motorist coverage is legally required in Washington D.C.
This policy may cover your medical bills and damaged personal property but fail to cover extensive damages like loss wages and the expense of life with SCI, not to mention non-economic damages like pain and emotional anguish.
Drivers or passengers injured by an unidentified (uninsured) vehicle driver who have no identifiable source of recovery can take advantage of the DC Uninsured Motorist Fund.
Pedestrians can take advantage of this source, too.
Many hit and run incidents do not involve another vehicle at all. Hit-and-run crashes account for almost 30% of pedestrian fatalities in DC.
One in five people who died in crashes in 2022 were pedestrians. 140,000 pedestrians were seen in emergency departments of for non fatal accidents that same year.
The same standard for liability and negligence in an accident is applied to situations involving a pedestrian and a vehicle.
Contributory Negligence
When seeking compensation it may be necessary for the individual who sustained the injury to prove they were not disobeying traffic laws and therefore not the responsible party.
The injured pedestrian needs to prove:
- The driver owed the pedestrian a duty of care.
- The driver breached the duty of care because they were negligent.
- The driver’s negligence caused the pedestrian’s injury.
- The pedestrian’s injury cost money.
If the pedestrian is in the wrong place at the wrong time it may be referred to as contributory negligence in some states and can result in the injured individual being barred from recovering damages.
In the District of Columbia a pedestrian can sue a motorist after a car-pedestrian accident, as long as the pedestrian’s share of fault was 50 percent or less.
Can you recover full compensation for a hit-and-run accident even if the driver is never found?
In Washington, DC you have three years from the date of the accident or injury to bring your lawsuit. You may be able to work with law enforcement to locate the driver within this time frame. A lawyer can assist by working with law enforcement, hiring investigators, and obtaining traffic or security camera footage.
Have You Been Injured in a Hit-and-Run Accident?
We may be able to help you recover for your damages in a hit and run accident, assisting with establishment of a claim, filing a lawsuit, and building your case.
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