Published on:

What are the Rights of Hit and Run Accident Victims in Massachusetts?

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpg

In Massachusetts and other States, hit and run accidents take place far too often. Whether the at fault driver was drinking at the time or just wants to avoid any responsibility for whatever other reason, drivers at times flee from the scene of an accident. When a driver flees an accident scene, there can be traffic, criminal, and civil cases that result from the hit and run accident. In many cases, the hit and run driver and vehicle are later identified while in other cases – local police and investigators are unable to identify the at fault driver or the vehicle owner. A hit and run accident victim may be able to pursue a civil case for damages against the following:

Hit and Run Driver. When investigators are able to identify the driver, the hit and run accident victim can pursue a claim or case against the hit and run driver. While the act of fleeing from a scene of an accident may be an admission of fault to some extent, it will still be the burden of the hit and run victim to prove that the driver of the hit and run vehicle was negligent or careless, which in turn, caused the accident.

Hit and Run Vehicle Owner. In many States, the owner of a vehicle is responsible for the driver’s negligence if the owner had given permission or consent to the use of the vehicle.

Bodily Injury Insurance Coverage. Hopefully, the driver adn / or the owner of the at fault vehicle had bodily injury insurance in place. While a case typically cannot be brought directly against the bodily injury insurance company, a case can be brought against the at fault driver and / or owner and the bodily injury insurance coverage will then be available to pay or settle the claims for injuries resulting from the negligent driving of the at fault driver.

Uninsured or Underinsured Motorist Coverage. If the injury victim owned a vehicle that had UM coverage or was a resident relative of a person who had UM coverage, the victim may be able to pursue a claim or case against the UM company even if the at fault driver or owner are not identified.

Due to the complexities of insurance laws and hit and run cases, it is often helpful to contact a Child Injury Lawyer for advice, consultation, and legal representation. A recent hit and run accident was reported in Springfield, Massachusetts. It was reportd that a 30 year old woman was pushing a stroller across a street when she and the child were hit by a driver who fled the scene. The mother / pedestrian died as a result of this hit and run pedestrian / automobile accident and the child in the stroller suffered serious personal injuries. You can read more about this accident at Hit and Run Accident in Springfield Massachusetts Causes Death of Mother and Serious Injuries to Child.