Hit and Run Car Accidents in Gilbert

Under Arizona state law, any driver involved in a traffic collision must stop at the scene, check if anyone needs emergency medical attention, and exchange contact and insurance information with every other driver involved. Failing to do any of these things can be treated as either a misdemeanor or a felony criminal offense, depending on whether the crash resulted only in property damage or caused someone to sustain a serious or fatal injury.

While the police are responsible for finding, arresting, and ensuring the criminal prosecution of hit-and-run drivers, a qualified car accident attorney can help you seek fair financial recovery for the harm that the driver has caused you through their misconduct. Whether that means filing a civil suit over your hit-and-run car accident in Gilbert, leaning on insurance coverage, or doing both at once, Phillips Law Group can provide the support you need to get the restitution you deserve.

Are Hit and Run Drivers Always at Fault for Wrecks?

It is important to understand that the question of whether someone unlawfully fled the scene of a car crash is separate from the question of who is civilly at fault for the crash, and the answer to one has no direct impact on the answer to the other. Whether the other person involved in a Gilbert car wreck is convicted of hit and run or not, an injured person seeking civil restitution for that wreck would still need to prove the hit-and-run driver liable for harming them through negligence in order to receive compensation.

In practice, this means proving that all the following conditions were met before the hit-and-run driver fled the scene:

  • That driver had a duty to act responsibly and lawfully behind the wheel—a given for any auto accident claim
  • That driver breached their duty through a specific reckless or careless act
  • That irresponsible act was the main and direct cause of an otherwise preventable collision
  • That collision resulted in at least one injury requiring some kind of professional medical care

Support from legal counsel can be essential to building a strong lawsuit or settlement demand with this in mind.

What to Do If a Hit and Run Driver Cannot Be Found

Unfortunately, one of the most common complications with hit and run car accident lawsuits in Gilbert is the fact that at least one specific defendant must be named for a claim like this to proceed. Accordingly, if police cannot identify who fled the scene after causing a wreck, it may be impossible to seek compensation from their car insurance provider or from them directly.

In this kind of scenario, the best option is usually for injured people to focus on their own auto insurance coverage, and ideally make use of uninsured/underinsured motorist coverage if they have it. Once again, a capable legal professional can go over the terms of a particular policy and offer custom-tailored guidance about what kind of recovery should be possible.

Get Help With a Hit and Run Car Accident Lawsuit From a Gilbert Attorney

Being struck and injured by a driver who then unlawfully tries to escape accountability for their actions is one of the most frustrating experiences anyone can have on the road. Fortunately, though, you have support available under circumstances like this from experienced legal representatives who can help maximize the amount of money you ultimately receive for your losses.

Besides getting necessary medical care, contacting Phillips Law Group should be your top priority after being hurt in a hit and run car accident in Gilbert. Call today for your free, no-obligation consultation with a member of our team.

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