Biloxi Hit-and-Run Accident Lawyer
Mississippi has a law that requires drivers to stay at the scene of a vehicle wreck and offer assistance. If a driver does not do so, he or she could be found liable for hit and run. This could subject them to criminal penalties separate from their civil liability. If you or a loved one were injured in a hit and run crash, speak with an accomplished Biloxi hit-and-run accident lawyer about your legal options. An experienced car accident attorney could help you build an injury claim and pursue full and complete recovery.
Common Facts Surrounding Hit-and-Run Wrecks in Biloxi
One common cause for drivers running from the scene of an accident is intoxication. Drivers often drink too much since Biloxi has several casinos that offer complimentary drinks if a customer is playing cards, slot machines, or gambling. Since the casinos are open 24 hours a day and seven days a week, the number of potentially-intoxicated drivers on the roads. When a driver has too much to drink and is involved in a hit and run accident, he or she may flee the scene to avoid getting a DUI.
Comparing Hit and Run Accident Cases to Other Types of Crashes
In a hit and run accident, the most significant aspect that is different from other car accident cases is that one of the drivers is unknown because he or she fled the scene. In a true hit and run accident, the driver left the scene and is not immediately identified and brought back to the scene by the police. That is different than other accidents because the injured person does not know the identity of the at-fault driver or the at-fault driver’s insurance company. An immediate investigation must be done to identify the at-fault driver and to obtain insurance information.
When that is not possible, the person must take the necessary steps to determine the existence and amount of available UM, or Uninsured Motorist, coverage and make a UM claim. A person should know that there are specific things related to the pursuit of a UM claim under one’s own insurance policy that must be done in order to recover those benefits. As an experienced attorney could explain, the wrong steps can serve to waive a UM claim. A seasoned car accident attorney in Biloxi could help a person navigate the system to avoid doing something wrong that voids their coverage making it unavailable to respond to the claim.
How Legal Counsel Could help Hit-and-Run Plaintiffs
After a wreck, a Biloxi attorney could help plaintiffs identify the hit and run driver and the available avenues of recovery to recover under one’s own UM coverage under their own policy. In many hit-and-run cases, the at-fault driver had too much to drink and flee the scene.
An important factor to investigate in this situation is the possibility of dram shop liability. The law in Mississippi says that if a bartender or a premises owner serves an excessive amount of alcohol to someone after he or she knows or should know that the person had too much to drink, the owner may be liable for injuries caused by the drunk driver getting on the road. It is foreseeable that when a bartender over-serves a patron and lets them leave and drive on public roads, there is a heightened possibility that the individual may cause an accident with injuries. This could be another potential avenue of recovery to explore in cases involving drunk hit-and-run drivers.
Contact a Biloxi Hit-and-Run Accident Attorney
After a hit and run, a person’s Biloxi hit-and-run accident lawyer could help them with the investigation. The plaintiff’s legal counsel may identify and speak to witnesses who were not interviewed by the investigating officer. This is especially important when the police have not identified the at-fault driver. The attorney could use all available means to identify the hit and run driver.
When the other driver in a hit-and-run cannot be identified, the plaintiff’s own UM coverage comes into play. In the context of UM, the law in Mississippi requires that there must be physical contact with the automobile. The individual must hit another vehicle or be hit by another vehicle to trigger UM coverage in a hit and run scenario.
This is not always the case in a normal accident. A hit and run plaintiff is not required to prove contact if he or she is able to identify the other driver involved. If a vehicle runs someone off the road and they stopped and got the driver’s name, they do not have to prove contact to recover in a straight liability case in Mississippi.
A dedicated attorney could also help with evaluating a car accident case to discover the type of evidence that may show a reckless disregard for the safety of others. This may bring in punitive damages to a person’s case. Given that consultations are always free, consulting a well-versed attorney for a could be beneficial.