A car accident can be stressful enough without the other driver leaving the scene. If you are injured in a hit-and-run accident in McAllen, Edinburg, or elsewhere in the Rio Grande Valley, you may be left wondering who will pay for your medical bills, vehicle damage, and other losses.
A hit-and-run does not necessarily mean you have no legal or insurance options. The steps you take after the crash can be important for identifying the driver, documenting what happened, and determining what insurance coverage may apply.
A hit-and-run occurs when a driver involved in a collision leaves without fulfilling the responsibilities required by law.
Under Texas law, a driver involved in a collision that results in or is reasonably likely to result in injury or death must stop at the scene, determine whether anyone is involved and needs assistance, and remain at the scene while complying with the applicable requirements for providing information and assistance.
Leaving the scene of a crash involving injuries can result in criminal penalties under Texas law.
Hit-and-run accidents can happen in many situations, including:
In the McAllen and Edinburg area, identifying the driver can sometimes depend on evidence from nearby businesses, traffic cameras, witnesses, or other drivers.
Your first priority should be your safety and the safety of anyone else involved.
If you are injured, seek medical attention. If you are able to safely do so, there are also several steps that may help preserve evidence.
Report the hit-and-run to law enforcement as soon as possible.
Give officers as much information about the other vehicle and driver as you can remember, including:
Even a partial license plate number or distinctive vehicle description could potentially help investigators identify the driver.
A police report may also become important when dealing with your insurance company or pursuing a claim.
Some injuries are immediately obvious. Others may not become noticeable until hours or even days after a crash.
If you were injured, getting medical attention can help protect your health and create documentation of your injuries.
Keep copies of medical records, bills, prescriptions, and other documentation related to treatment.
If it is safe to do so, take photographs of:
Try to document the scene before vehicles are repaired or evidence disappears.
Witnesses may have seen the vehicle, driver, or events leading up to the crash.
Ask witnesses for their names and contact information. If someone recorded the accident or captured the fleeing vehicle on a phone or dashcam, that footage could potentially be useful.
Businesses, apartment complexes, parking lots, traffic intersections, and other nearby locations may have security cameras.
If the crash occurred near a business in McAllen, Edinburg, Mission, or another Rio Grande Valley community, there may be cameras that captured part of the accident or the vehicle leaving the scene.
Because video footage may not be stored indefinitely, identifying potential sources of surveillance footage quickly can be important.
You may still have insurance options even if the driver cannot be identified.
Texas Department of Insurance explains that uninsured/underinsured motorist coverage can provide protection when the at-fault driver does not have insurance or cannot be identified after a hit-and-run.
This type of coverage may help with certain losses related to the accident, depending on the terms of the policy and the circumstances of the crash.
Texas insurance policies generally include uninsured/underinsured motorist coverage unless the insured rejected it in writing.
If you have been involved in a hit-and-run, review your insurance policy and notify your insurance company about the accident.
Uninsured motorist coverage, sometimes called UM coverage, is designed to provide protection when the person responsible for an accident does not have insurance.
It can also apply in certain hit-and-run situations where the responsible driver cannot be identified.
Depending on the policy and circumstances, uninsured motorist coverage may help with losses such as:
Coverage can vary, so it is important to review your policy and understand what it provides.
If law enforcement identifies the driver, the situation may change because you may have the opportunity to pursue a claim against the responsible driver and potentially the driver’s insurance coverage.
The fact that the driver was involved in a hit-and-run does not automatically determine the amount of compensation available for your injuries.
Evidence about how the accident happened, the injuries you sustained, medical treatment, lost income, property damage, and other losses may all be relevant.
An attorney can review the circumstances and help determine what legal options may be available.
One of the biggest challenges in a hit-and-run accident is identifying what happened when the other driver is gone.
Evidence may include:
Even details that seem minor at the scene could become important later.
For example, remembering that the vehicle was a dark-colored pickup truck may not seem particularly useful. But when combined with a partial license plate number, a witness statement, and security footage from a nearby business, it could help investigators narrow down what happened.
Potentially, yes.
A hit-and-run does not automatically prevent an injured person from pursuing compensation. The available options depend on factors such as whether the driver can be identified, what insurance coverage exists, the evidence available, and the nature of the injuries and damages.
If the driver cannot be identified, your own uninsured motorist coverage may become particularly important.
If the driver is identified, there may be additional options for pursuing a claim against the responsible party and applicable insurance coverage.
Because every accident is different, it is important to look at the specific circumstances rather than assuming that a hit-and-run leaves you without options.
Hit-and-run accidents are not limited to vehicle-versus-vehicle crashes.
A driver may also flee after hitting:
These crashes can result in serious injuries because pedestrians and other vulnerable road users have far less physical protection than people inside a vehicle.
If you were injured as a pedestrian or cyclist in McAllen or Edinburg, seek medical attention, report the crash, document the scene if possible, and preserve any available evidence.
After an accident, emotions can run high. Try to avoid actions that could make the situation more difficult later.
Do not:
Your priority should be getting to safety, getting medical attention when necessary, reporting the crash, and preserving evidence.
If your hit-and-run occurred in McAllen, Edinburg, Mission, Pharr, or another Rio Grande Valley community, local evidence may become particularly important.
For example, a crash near a shopping center could involve security cameras from nearby businesses. A collision near an intersection could have witnesses or traffic-related video evidence. A crash in a parking lot could involve surveillance footage from the property.
The sooner potential evidence is identified and preserved, the less likely it is that important information will disappear before it can be reviewed.
Consider speaking with a personal injury attorney if you were injured in a hit-and-run and are dealing with significant medical expenses, lost income, serious injuries, disputed insurance coverage, or difficulty determining who was responsible.
An attorney can review the available evidence, explain potential insurance options, and help you understand whether you may have a personal injury claim.
You do not necessarily need to know exactly who caused the accident or how your insurance coverage works before seeking legal advice.
A hit-and-run can leave you dealing with injuries and expenses while also trying to determine who caused the crash.
Brasure Law PLLC represents personal injury clients in McAllen, Edinburg, and throughout the Rio Grande Valley. If you were injured in a hit-and-run accident, the firm can review the circumstances of your accident and help you understand your potential legal and insurance options.
You may have more options than you realize, even if the driver who hit you left the scene.
Report the accident, seek medical attention, preserve evidence, and notify your insurance company. If you suffered injuries and are unsure what to do next, speaking with a personal injury attorney may help you understand your rights and potential options.
Contact Brasure Law PLLC for a confidential consultation about your personal injury case.