A miss-and-run accident occurs when another driver causes a collision without hitting your vehicle but flees the scene. Similar to a hit-and-run accident without contact, a miss-and-run can cause devastating injuries and make the claims process far more difficult for car accident survivors. Fortunately, it is usually only a matter of time before miss-and-run drivers are identified and brought to justice.
Working with a respected North Charleston car accident lawyer from Shelly Leeke Law Firm may be the best way to move forward with your case after a miss-and-run accident. We can begin an intensive investigation to uncover the identity of the driver who is responsible for causing the injuries you sustained. Contact our legal team to request a free consultation today and learn more about how to proceed with your legal claim.
About Miss-and-Run Accidents
Miss-and-run accidents are also often referred to as phantom vehicle accidents. They happen when you are involved in an accident caused by another driver’s negligence, but they do not actually crash into your vehicle. Cases like these can be notoriously complex, as there is significantly less physical evidence tying the at-fault driver to liability.
Miss-and-run accidents can occur anytime a driver switches lanes abruptly, causing one driver to swerve out of the way or crash into a road barrier. However, they are also common when drivers run red lights, fail to merge onto the highway or your lane of traffic without yielding, or when motorists unexpectedly stop or swerve into oncoming traffic. These are only a few examples of ways in which miss-and-run accidents can occur.
Depending on the circumstances of your case, the driver that hit you could face traffic citations or criminal charges as a result of their dangerous driving. You will need an experienced personal injury attorney to investigate and gather compelling evidence to prove the defendant’s liability. This way, when you file a claim with their insurance provider or bring your case to court, you will have a strong case for compensation.
Miss-and-Runs Are Often Caused by Driver Negligence
South Carolina does not have a miss-and-run law. However, the state does have extensive hit-and-run accident laws under South Carolina Code §56-5-1220 that a hit-and-run accident lawyer in South Carolina can help you understand. Drivers who are found to engage in any type of unsafe driving may be held accountable for the injuries and damages victims sustain.
Negligent driving can take multiple forms. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is one of the top causes of car accidents, including misses and runs. This includes not only cell phone use while driving but also any type of cognitive, visual, or manual distractions.
Drivers who weave through traffic and speed or fail to adhere to traffic rules and regulations may be brought to justice in your personal injury lawsuit. However, if dangerous road conditions, such as unmarked construction zones or inadequate street lighting, contributed to the collision, you may need to consider alternative parties for liability. The same is true if your miss-and-run accident was caused by mechanical malfunctions or defects.
Building a Powerful Miss-and-Run Claim
Since miss-and-run cases often lack supporting physical evidence, we must build the strongest case possible with the evidence we do have access to. You should be able to trust in your legal advocate to conduct an intensive investigation and gather the evidence needed to prove liability. Some examples of the evidence we might present include:
- Witness statements
- Photos of the accident scene and vehicle damages
- Identification of the negligent driver
- Video footage of the accident
- Reports from responding officers
- Data from accident reconstructionists
You May Be Entitled to Compensation After a Miss-and-Run
When someone else’s negligence causes your car accident, you may have the right to file a claim with their insurance company or bring your case to trial. Your car accident attorney will carefully evaluate your legal circumstances to figure out which options are most suitable. Generally, you may be able to demand fair compensation through one or more of the following options:
- Filing a claim against the liable driver’s insurance policy – South Carolina is a fault insurance state, according to the South Carolina Department of Insurance. We can help you file a claim with the other driver’s insurance company and demand the maximum amount allowable based on the policy terms.
- Tapping into your personal injury protection (PIP) coverage – If you have personal injury protection or no-fault insurance coverage, you may be able to file a claim with your insurance company to recoup some of your losses. However, the insurance company may, in turn, increase your premium rates when your policy is set to be renewed.
- Seeking underinsured or uninsured motorist compensation – if you have uninsured or underinsured motorist coverage, and the driver that caused your miss-and-run accident does not have enough or any auto insurance coverage, you may be able to use your UM/UIM coverage to cover some of your costs.
- Filing a personal injury lawsuit against the liable driver – Insurance settlements are not the only solution when someone else is at fault for your injuries. By filing a civil claim against them, you can be awarded compensation for losses the insurance company does not generally cover, including pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic damages.
These are just a few of the ways you may be able to recoup the total value of your damages. We may also be able to help you file a diminished value claim, recover punitive damages per South Carolina Code §15-32-530, or obtain a settlement outside of court. You can learn more about which options make the most sense for your claim when you contact Shelly Leeke Law Firm for a free consultation.
Demand Fair Compensation After a Miss-and-Run with Help from a Local Car Accident Attorney
The injuries you sustain in a miss-and-run accident could continue to affect your life for the foreseeable future. The driver who caused your collision should be held accountable for your damages, even if they did not slam into your vehicle. Negligence can take multiple forms, and the at-fault party should pay.
You can rely on your personal injury attorney from Shelly Leeke Law Firm to work with law enforcement officials to identify the liable driver. They may face criminal charges in addition to the civil claim you bring against them. Schedule your no-cost, risk-free consultation by phone or through our quick contact form today to seek the compensation that is rightfully yours.
