Hit-and-Run Car Accident Lawyer in Ohio

In Ohio, individuals involved in an auto accident are legally required to remain at the scene. Even so, though fleeing is illegal, some individuals remain undeterred. There are many reasons a driver may choose to leave the scene after being involved in an auto accident. For example, they may fear arrest if they are driving under the influence of alcohol or drugs. They may also fear legal consequences if they were driving without a valid license or were operating a stolen vehicle.

No matter the reason, if another driver struck your vehicle and drove off, you are likely wondering what to do next. If you were injured in the accident, you may also be worried about paying expensive medical bills, wages you may be losing from time missed at work during recovery, and the cost of fixing your damaged property. This may all feel overwhelming, but you do not need to face the aftermath of a hit-and-run accident alone.

The experienced hit-and-run accident lawyers at Amourgis & Associates, Attorneys at Law, are dedicated to helping victims throughout Ohio secure the full and fair compensation they deserve. We are standing by to make sure you know your full legal rights and options. Contact us today to schedule a free, no-obligation case evaluation with a skilled Ohio car accident lawyer.

How Is a Hit-and-Run Defined in Ohio? What are the Penalties?

Again, Ohio law requires all drivers involved in an accident to remain at the scene. Specifically, the governing statute provides as follows:

In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle [to all relevant parties].

So, what are the penalties for violating this law? Failure to stop after an accident is considered a misdemeanor in the first degree. Penalties start at up to six months in jail and fines of up to $1,000.

However, if anyone suffers serious injury or death due to the accident, the hit-and-run charge is upgraded to a felony. The severity of the felony goes up incrementally depending on whether the defendant knew that someone in the other car was injured or died. A hit-and-run driver charged with a felony can face a prison sentence ranging from six months to eight years, as well as a fine of up to $15,000.

The presiding court can also suspend the defendant’s driver’s license for six months, as well as order that they pay restitution to the victim as compensation for any economic loss arising from the accident. However, the amount cannot exceed $5,000.

Can I Recover Damages If the Hit-and-Run Driver Is Not Found?

Absolutely. However, the road toward compensation is often more difficult in hit-and-run accidents than in other kinds of auto accidents. This is because if the hit-and-run driver is not found, there is no way to file a third-party liability claim with their insurer.

Chances are they do not even have auto insurance. In fact, most insurers treat hit-and-run drivers as though they were uninsured by default if they cannot be found. Therefore, the primary source of compensation for victims of hit-and-run accidents is normally uninsured motorist (UM) insurance.

If you purchased this kind of coverage as part of your auto insurance, it can cover your medical expenses, property damage, and more. Alternatively, you could also turn to Medical Payments (MedPay) insurance to pay for your medical expenses and collision coverage to pay for your property damage.

Figuring out how to secure the full and fair compensation you deserve after being struck by a hit-and-run driver can be complicated. The best thing to do in this situation is to contact an experienced personal injury attorney to make sure you know your full rights and options. At Amourgis & Associates, Attorneys at Law, we offer free, no-obligation initial consultations. Reach out today to schedule yours.

What Should I Do After a Hit-and-Run Accident?

Being involved in an auto accident is difficult enough when the at-fault driver can be found. It can be even more frustrating when they flee the scene. If you are the victim of a hit-and-run accident, it is important that you do your best to take proactive steps early on.

Report the incident – You should immediately report the incident to the police. This will increase the odds that the police might be able to track down the at-fault driver. Give the responding officers as many details as you remember, including things like a description of the driver and their vehicle (e.g., make, model, color, and condition).
Document the scene – Use your phone to take pictures and videos of the scene. Document anything that may help establish the at-fault driver’s responsibility for the accident, as well as anything that might help identify them (e.g., the location of nearby surveillance and traffic cameras). Also, it is a good idea to take notes of everything you remember about the accident while it is still fresh in your mind.
Look for witnesses – Identify anyone who may have witnessed the accident and gather their contact information.
Get a copy of the police report– The police who respond to the scene will make a report of the incident. You will need this report when you file your insurance claims.
Seek medical attention– In addition to tending to your well-being, you will also need your medical records to file any insurance claims. The sooner you have your injuries evaluated by your doctor, the better. This will ensure that nothing is overlooked, including “latent” injuries that may manifest only after some time has passed after the accident (e.g., concussions and whiplash).
Report the accident to your insurer – Ideally, you should do this after consulting with an attorney. However, your insurance policy will require that you report any accidents before too much time passes. The deadline is normally somewhere between 30-60 days after an accident. If you miss it, your insurer will deny your claim.
Consult with an Ohio personal injury lawyer– Finally, you should have your case reviewed by an attorney. They can conduct an independent investigation of the accident, gather as much evidence as possible, determine the legal options available to you, and get you started on the road toward compensation.

Talk to an Experienced Hit-and-Run Accident Lawyer in Ohio Today

If you are the victim of a hit-and-run accident in Ohio, do not hesitate to consult with a skilled attorney as soon as possible. The legal team at Amourgis & Associates, Attorneys at Law, is standing by to hear your story and make sure you are fully informed about your legal rights and options going forward. Contact us today to schedule a free, no-obligation case evaluation with an experienced Ohio personal injury attorney.