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Thursday, May 22, 2025

The At-Fault Driver Left the Scene, Do I Have a Case?

 

Car accidents are often traumatic experiences, leaving victims shaken physically, emotionally, and mentally. The shock of a collision can be overwhelming, but when the at-fault driver flees the scene, the trauma intensifies. Being involved in a hit-and-run accident adds feelings of fear, confusion, and helplessness, as victims are left without immediate answers or accountability.

Not only must you cope with the physical injuries and property damage, but the uncertainty of who caused the accident and how to recover compensation can create additional stress. Understanding your legal options after a hit-and-run is crucial to finding justice and moving forward.

What Are the Laws Against Leaving the Scene of an Accident?

In Washington State, leaving the scene of an accident—commonly known as a hit-and-run—is a serious offense governed by RCW 46.52.020. The law requires that any driver involved in a collision causing injury, death, or property damage must immediately stop at the scene or as close as possible without obstructing traffic.

The driver must then provide their name, address, vehicle registration, and insurance information to the other parties involved or to law enforcement if they arrive on the scene.

Failing to stop and fulfill these duties is considered a crime. If the accident involves only property damage, leaving without providing information is a misdemeanor. However, if the accident results in personal injury or death, leaving the scene can lead to felony charges with much harsher penalties, including fines, license suspension, and even jail time.

Washington law takes hit-and-run offenses seriously because fleeing the scene not only violates legal responsibilities but also endangers victims who may need urgent medical attention. Victims of hit-and-run accidents have legal avenues to pursue compensation even when the at-fault driver cannot be immediately identified.

What Can You Do to Find the Driver Who Fled?

If you’ve been involved in a hit-and-run accident, finding the driver who fled can be challenging, but not impossible. Start by immediately reporting the incident to the police and providing them with as much information as possible, such as the location, time, and any details about the vehicle or driver you remember.

Law enforcement can use this information to begin their investigation and may check nearby traffic cameras, surveillance footage from businesses, or doorbell cameras in the area to identify the fleeing vehicle.

Gathering witness statements is also crucial—bystanders or other drivers may have seen the accident or the license plate of the at-fault driver. If you have a dashcam or your own video footage, this can be invaluable evidence.

Additionally, your attorney can assist in working with investigators and insurance companies to track down the responsible party. While locating a hit-and-run driver can be difficult, persistence combined with law enforcement resources and modern technology often leads to successful identification and accountability.

Can You File a Claim Against a Driver Who Leaves the Scene of the Accident?

Yes, you can file a claim even if the at-fault driver leaves the scene of the accident. In hit-and-run cases, the challenge is identifying and locating the responsible driver, but once found, you can pursue a personal injury or property damage claim against them just as you would in any other accident.

If the driver remains unidentified, you may still have options through your own insurance policy, such as uninsured motorist coverage, which often applies to hit-and-run situations. This coverage can help pay for medical bills, vehicle repairs, and other damages when the at-fault party cannot be located.

Consulting with an experienced personal injury attorney can help you understand your rights, navigate insurance claims, and explore all possible avenues for compensation after a hit-and-run accident.

How an Attorney Can Help

Experienced personal injury attorneys in Washington can be invaluable if you’ve been involved in a hit-and-run accident. First, they help you understand your legal rights and the complexities of pursuing compensation when the at-fault driver has fled. Attorneys work closely with law enforcement and investigators to gather evidence, locate witnesses, and identify the responsible party using available technology like traffic cameras or surveillance footage.

They also assist in navigating insurance claims, including uninsured motorist coverage, which can cover your damages when the other driver is unknown. Moreover, an experienced lawyer can negotiate with insurance companies on your behalf to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering. If the driver is found, your attorney will guide you through filing a personal injury lawsuit to hold them accountable.

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