Hit and Run Accident Attorney Des Moines, IA

Have you been injured in an accident involving a driver who left the scene? If so, it is advisable to call a hit-and-run accident attorney Des Moines, IA families trust for further advice. Hit-and-run accidents are different from those in which the other party does not leave the scene. Not only could the liable person be held negligent in a civil court, they could face criminal charges including a Class D Felony in Iowa.

According to the  AAA Foundation for Traffic Safety, nearly 11 percent of all motor vehicle accidents involve a driver who fled the scene. Around 1,5000 people will lose their life in a hit and run; of which 60 percent are pedestrians. If you were involved in a hit and run you should consult a hit and run accident attorney Des Moines, IA has to offer. You should not attempt to track the fleeing party down on your own as this could put you at risk. Please leave this to a lawyer from Des Moines Injury Law, LLP and the police.

For an immediate consultation with a hit and run accident attorney Des Moines, IA relies on, call Des Moines Injury Law, LLP.

5 Elements of Negligence

In general, personal injury cases will need to involve some kind of negligence or wrongdoing. If this can be proven, compensation may be available.

At some point, you may become the victim of someone else’s negligence, and as a result, you may get hurt. Therefore, it is a good idea to have a general knowledge of what makes someone negligent under the law in case you find yourself on the receiving end of an injury accident, you might be able to gather information to help. Take a look at the five elements that help prove someone else’s behavior was the cause of your pain.

1. Legal Duty

Everyone has to know and understand the laws. For example, when you get your driver’s license, you had to pass a test of basic road rules. These included information about speed limits, traffic control devices, and driving impaired. Therefore, if a person breaks any of these laws, the fact they have a driver’s license means they knew these rules. They violated their legal duty to obey these rules and are negligent as a result.

2. Breach of Legal Duty

When a person knows a law and decides to break it anyway, it is called a breach. This is the same in personal injury as it is in contract law. Using the driving example again, you know that you should not be drinking alcohol and getting behind the wheel of a motor vehicle. If you do, you knowingly committed a breach of legal duty and are therefore negligent.

3. “But For” or Causation

As the injured party (the plaintiff) it is up to you to prove that if “but for” the actions of the perpetrator (the defendant) you would not be hurt. Proving causation by demonstrating that the defendant’s action resulted in you sustaining an injury you would not have gotten otherwise is another prong in the negligence test.

4. Proximate Cause

In a personal injury accident case, a defendant may be found negligent for those actions that were not only the proximate cause of the incident, but that may have been expected to occur. An example is running a red light. Every driver knows that running a red light is risky. You may wind up crashing into a vehicle in the middle of the intersection that has the green light. Therefore, if you choose to run a red light, then you understand there is a real risk of an accident. This is the proximate cause litmus.

5. Damages

Finally, the defendant who is found negligent had to have caused proven damages to the plaintiff. These are most often in the form of medical bills or lost wage damages – money related.

What to do after a hit-and-run accident in Iowa

Becoming a victim in a hit-and-run accident can be traumatic, as a Des Moines, IA hit-and-run accident attorney understands. When the at-fault driver flees the scene after hitting a pedestrian, bicyclist, or another vehicle, it can make the case complicated and leave emotional scars on the victim. If the hit-and-run driver is located, they will have serious consequences to pay depending on the severity of property damage and bodily harm. When you are the victim of a hit-and-run accident, do not hesitate to reach out to the trusted team at Des Moines Injury Law.

While you know that you should assess the damage and get medical treatment, there are other things you should do following your hit-and-run accident that can help when you speak with insurance or have the opportunity to file a claim. 

• Document the scene of the accident. When you are the only person left at the accident scene, it is your responsibility to document everything that happened and everything you see. Note weather conditions, whether traffic lights were out, or if there was traffic. You can take note of how the accident occurred, whether there were witnesses, and what kind of video footage there may be from storefronts or traffic lights.
• Speak with witnesses. Witnesses can be your best opportunity for locating who did this to you. If there were any witnesses to what happened to you, not only can they corroborate your story, but they can also potentially give details regarding who was driving the car, what kind of car it was, and which direction it was moving in. 
• Call the police. You will want to reach out to the police as quickly as you can. The police can come to the accident scene and gather basic information. They also have the ability to quickly get footage from traffic lights and may be able to find out who did this to you. 
• Call your insurance. Just like you would after a regular car accident, you are going to want to contact your insurance company and notify them of what happened. While you will want to file a claim against the liable party, this is not possible until you can identify who did this to you. Reach out to your insurance company and give them the facts and notify them of the police report you filed.
• Contact a lawyer. A Des Moines hit-and-run accident attorney may be able to use their resources to help you find out who did this and they can help you understand what steps to take. This kind of case can be difficult for the victim because you may feel that you will not get closure, but it is crucial that you speak with your lawyer as soon as possible to see what steps you can take toward legal action.

When you are ready to see what next steps you can take with your hit-and-run case, reach out to the trusted team at Des Moines Injury Law. Our Des Moines hit-and-run accident attorney is here to help you when you need it.

What can you do as a pedestrian if you were hit by a car?

The scenario starts out like any other: You left the grocery store, 4 bags in tow, and you are walking the 3 blocks back to your apartment building. As you wait to cross the last street to reach your front stoop, you press the “walk button” and wait patiently for it to light up. Once it does, you check both ways and begin crossing the Des Moines, Iowa street. Out of nowhere, a car blows through the intersection, plowing into you and sending your groceries flying throughout the street. What can you do from here? How do receive the compensation you deserve for the pain you are being put through?

Des Moines Injury Law has years of experience working with car accident cases and pedestrian claims, and a hit and run accident attorney Des Moines, IA relies on will be dedicated to getting your quality of life back after a traumatic injury like this one. Below is information regarding your injuries and the first steps you can take toward healing emotionally and physically.

How to make a claim against the driver?

A Des Moines, IA hit and run accident attorney can assist you in making a claim. Typically, the driver of the car that hit the pedestrian (even if the pedestrian was not walking in a crosswalk) will be found at fault for the accident. Because drivers are legally responsible for being alert and aware of what is around them, it is usually considered their responsibility to see pedestrians. It is particularly hard for a driver to avoid liability if the pedestrian was hit in the confines of the crosswalk.

How does insurance coverage work for hit-and-run accidents?

Understanding precisely how hit-and-run accidents and the insurance process work can help you protect your finances. In most cases, hit-and-run accidents fall under the umbrella of uninsured motorist coverage. This coverage is designed to protect you when the responsible party is unknown, uninsured, or underinsured. If you have uninsured motorist coverage, you can file a claim with your insurance company to seek compensation for your damages.

What steps should I take when filing an insurance claim for a hit-and-run accident?

To ensure a smooth process for filing a claim for a hit-and-run accident, you should start by gathering as much information as possible, including the details of the incident, such as the date, time, and location of the accident. Additionally, provide a detailed description of the other vehicle involved, including any identifying information you were able to gather. Submit any supporting evidence, such as photographs, witness statements, or police reports. Promptly report the incident to the police and cooperate with your insurance company throughout the claims process.

What is a hit-and-run accident?

A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to identify themselves or provide assistance to those affected. This situation can involve hitting another driver, a pedestrian, or private property. Hit-and-run accidents are illegal in most jurisdictions and can result in serious consequences for the fleeing driver, which a Des Moines hit-and-run accident attorney can help guide you more.

How does uninsured motorist coverage protect me in a hit-and-run accident?

Uninsured motorist coverage provides protection in hit-and-run accidents by compensating you for damages when the responsible party is unknown or uninsured. This coverage can help cover medical expenses, vehicle repairs, and other losses resulting from the accident. You should always review your exact insurance policy to know the type of coverage you can obtain.

What if the hit-and-run driver is found?

Should a hit-and-run driver be found, this fact can dramatically change your insurance claim. Once the responsible party is identified, you may be able to pursue a claim against their insurance policy. If they are found to be at fault for the accident, their insurance company may be responsible for compensating you for your damages. However, it’s important to note that the process can still be complex, and it’s advisable to seek legal guidance to ensure your rights are protected.

Hit-and-run accidents can be challenging to navigate, but understanding the insurance claim process can help you recover from the incident more smoothly. Familiarize yourself with your insurance coverage, especially uninsured motorist coverage, and be prepared to provide detailed information when filing a claim. Remember to gather evidence and promptly report the incident to the police. Lastly, seek legal advice if the hit-and-run driver is identified to ensure you receive the compensation you deserve. Our Des Moines Injury Law group can help by pairing you with a Des Moines hit-and-run accident attorney!

How can Des Moines Injury Law Attorneys at Law help you recover from a car accident injury?

Our attorneys are empathetic to the injuries you have sustained and the significant way they have reduced your quality of living. With over years of fighting for the rights of pedestrians injured in car accidents, we will go over every detail of your case to give you the help and peace of mind you deserve. To discuss your case with a hit-and-run accident attorney Des Moines, IA trusts, call our office today

Call a Des Moines, Iowa Hit and Run Lawyer for Free Advice

In the matter of a hit and run, it may be possible that you won’t ever find out who the negligent party is. Even if this is true, a hit-and-run accident attorney in Des Moines, IA may help you to file a claim against your own insurance company.

Don’t try and go it alone when making a push for recovery during personal injury cases, including a hit and run. Always hire a qualified lawyer to help guide you through what to expect when you file a lawsuit.

For a free case review of your hit-and-run accident, please call a hit-and-run accident attorney in Des Moines, IA community members respect, such as one from Des Moines Injury Law, LLP.