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Personal Injury / 8.31.2023

Can I Sue After a Hit and Run Accident?

Understanding Your Legal Rights in Nashville, TN

Navigating the aftermath of a car accident is never easy, and it becomes even more complex when the at-fault party flees the scene. If you're a victim of a hit and run in Nashville, TN, you might be wondering: Can I legally pursue the culprit, even if they disappeared? The answer is multifaceted, and understanding your rights is crucial.

Were you involved in a hit-and-run accident in Nashville? You don't have to navigate this challenging situation alone. Reach out to our expert team at Herbert & Lux for assistance. Call us today at (615) 878-5537.

Tennessee Hit and Run Laws

For residents of Nashville and throughout Tennessee, being aware of the state's stringent hit-and-run laws is essential for every driver. These laws not only maintain road safety but also ensure justice for accident victims.

The Illegality of Fleeing an Accident Scene

In the state of Tennessee, the act of leaving the scene of an accident is strictly prohibited by law, especially if the incident resulted in injuries or, in worse cases, fatalities. This statute underlines the state's commitment to road safety and holding individuals accountable for their actions on the road.

Driver Responsibilities Post-Accident

Tennessee law is explicit about the responsibilities of a driver involved in an accident. It's not just about stopping; drivers are legally obliged to offer aid to those injured, whether that means calling emergency services or providing first aid if they're capable. 

Additionally, it's a driver's duty to exchange pertinent details, including insurance information, ensuring all parties involved have the necessary details for subsequent claims or legal actions.

Consequences of Evading Responsibilities

The legal ramifications for drivers who choose to flee an accident scene in Tennessee are severe. Depending on the specific circumstances of the crash, particularly the gravity of injuries sustained by victims, those found guilty might face charges ranging from misdemeanors to felonies. Alongside a tarnished driving record, offenders could be looking at hefty fines, license suspensions, and even potential incarceration.

By comprehensively understanding Tennessee's hit-and-run laws, drivers in Nashville and beyond are better equipped to act responsibly post-accident, ensuring both their safety and the safety of others on the road.

Pursuing Compensation

If the hit-and-run driver is identified, victims can pursue compensation through the driver's insurance company. In instances where the driver remains unidentified:

  • Uninsured Motorist Coverage: This form of insurance can help cover medical expenses, vehicle repairs, and other costs. It's a safeguard against hit-and-run drivers and those without insurance.
  • Personal Injury Lawsuit: If the driver is later identified, victims can file a lawsuit seeking damages for medical expenses, lost wages, pain and suffering, and more.

It is important to consult a personal injury lawyer whether or not a driver is immediately identified. They can help you document your case and prepare the appropriate paperwork to ensure you are ready to take action when a driver does come forward.

Collecting Evidence

In the aftermath of a hit-and-run incident, especially in busy areas like Nashville, it's paramount to act promptly and gather comprehensive evidence. This evidence not only strengthens your case but also assists law enforcement in tracking down the fleeing party.

Witness Statements

Often, in the chaos following an accident, bystanders or other drivers present can be invaluable sources of information. They might have noticed specific details about the hit-and-run vehicle, such as its license plate number, make, model, or any unique identifying marks. Engaging with these witnesses and securing their statements can provide crucial insights into the events leading up to, during, and after the incident.

Photos and Videos

In today's digital age, almost everyone has a smartphone. Use this tool to your advantage by taking clear, detailed photographs and videos of the accident scene. This should include any visible injuries you or any passengers might have, damages to your vehicle, skid marks on the road, traffic signals, and the general surroundings. Documenting these details can offer a vivid timeline of events and can be beneficial when presenting your case to insurance companies or in court.

Police Report

Reporting the incident to the local Nashville police is not just about fulfilling a legal obligation. A formal police report provides an authoritative record of the event. Officers dispatched to the scene can gather additional evidence, take statements, and possibly start the search for the hit-and-run driver immediately. Having this report can be essential when seeking compensation, as it offers a verified account of the accident.

By diligently collecting this evidence, you not only bolster your personal injury claim but also aid the Nashville community by helping to deter hit-and-run incidents in the future.

Understand Your Rights

Being a victim of a hit-and-run can feel overwhelming, but understanding your rights and options can make the recovery process smoother. Remember, you have legal pathways to seek compensation, even if the guilty party initially escapes.

If you or a loved one has been impacted by a hit-and-run accident, don't hesitate. Let the experienced team at Herbert & Lux guide you through the legal maze. Call us now at (615) 878-5537 for a consultation.

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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.

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