Who Can I Sue in a Miami Hit-&-Run Collision?
Hit-and-run collisions are some of the worst things a person can do to another person. Car accidents are traumatizing and extremely damaging in the best of cases—but to leave a person injured on the side of the road out of fear of the consequences? That’s a brazen and malicious act of cowardice, plain and simple. There’s a reason hit-and-runs are considered a criminal offense.
However, whether the at-fault driver is caught or convicted does nothing for the injured party. Only a civil car accident claim against the other driver will provide any relief or compensation to the person who was hurt by their actions.
This blog is for people who were injured in a hit-and-run car accident and weren’t able to get information before the driver left the scene. Read below to learn about your options and potential strategies to get the financial support you need.
No-Fault Insurance & Hit-&-Runs
As a no-fault insurance state, Florida ensures that drivers who are hurt in a hit-and-run have the ability to pay for basic medical care. With PIP (personal injury protection), you are entitled to file a claim against your own insurance company for the medical care you need. However, this only covers basic care—it doesn’t provide for pain and suffering (or for vehicle repairs).
For people who require a vehicle to go to work, have lost some of their earning capacity due to the accident, or suffered a severe injury that has left them emotionally and psychologically traumatized, PIP doesn’t cover nearly enough. So where do they turn? If the driver isn’t able to be held responsible, who can possibly be accountable?
Answering that question is the role of a Miami car accident attorney.
The Two Ways to Recover in a Miami Hit-&-Run
Our familiarity with the law provides for two possibilities: one is using our resources to investigate your crash and locate the at-fault driver. Subpoenaing security footage, traffic cams, or other evidence could help us find the culprit—even if you couldn’t get a good look at their car the first time.
The other possibility is investigating your case to determine every party who could have contributed to your injuries.
Here are parties who potentially contributed to your accident:
- Employers (if it was a commercial truck)
- Dram shop owners (if the driver was drunk)
- Your mechanic (if your vehicle failed you)
- Other drivers in the collision
- Highway designers (if traffic patterns contributed)
It’s important to understand that Florida is a pure comparative negligence state when it comes to hit-and-runs. That means you could potentially hold multiple parties accountable for their role in causing your injuries—even if they’re not the primary parties at fault.
Comparative negligence works by assigning responsibility in the form of a percentage to each party. If a defendant is found 40% responsible (comparatively) for your injuries, they are responsible for paying 40% of your total court award. It works both ways though—if a plaintiff is 20% responsible for a collision, they can only receive (at the most) 80% of their court award.
The Importance of an Experienced Car Accident Attorney
When it comes to a hit-and-run, your Miami car accident attorney’s investigative resources could mean the difference between a life of debt and a life of stability and health. That’s why Stewart Tilghman Fox Bianchi & Cain, P.A. strives to be the leader in car accident lawsuits in Miami. Our investigations are exceptionally thorough, allowing us to either find the driver responsible or find out who else caused your pain.
In the end, all that matters to us is that you’re taken care of. That’s our only goal and the only standard we aim to meet. It doesn’t matter if that means bringing your case against a local bartender and the city’s civil planners or poring through hours of traffic cam footage—we’re advocating for your future. We take that as seriously as you do.
If you’ve been hurt in a hit-and-run, let us help you bring those at fault to justice. Call (305) 770-6335 or contact us online to have us lay out your legal options and figure out the best next step for you.