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Aggressive Lawyers for the Seriously Injured

New York Hit & Run Lawyer

a parked car that was victim of a hit and run

Becoming injured in a hit-and-run accident that wasn’t your fault can be a devastating experience. You may be wondering how you will pay your mounting medical bills when the driver who caused your injuries is nowhere to be found. Whether or not the hit-and-run driver in your case has been located, you still have legal options for recovering compensation. 

Discuss Your Hit and Run Case With a Skilled Attorney

Discussing your case with an attorney after becoming injured in a car accident is always important, but it’s critical in hit-and-run cases. The sooner you speak to an attorney, the more quickly your attorney will begin investigating your case and identifying potential options for recovering compensation. Attorney Michael LoGiudice is here to help you fight to get the money you need and deserve. Contact Michael LoGiudice, LLP, today to schedule your free case evaluation. 

Finding the Hit and Run Driver Who Caused Your Injuries

Finding the driver who caused the hit-and-run accident can be difficult, making the steps you take after the accident crucial. Discussing your case with an attorney after the accident can improve your chances of locating the at-fault driver. Attorney Michael LoGiudice, LLP has extensive experience working with local law enforcement agencies as they search for hit and run drivers. He will investigate the circumstances of your accident to determine causation. 

When there is video footage or photographic evidence of the accident, law enforcement may be able to track down the driver. Unfortunately, finding the driver who caused the accident isn’t always possible. If you cannot identify the hit-and-run driver, you won’t be able to hold him or her responsible, but there may be other options for obtaining compensation. 

Negligence Per Se in New York Hit and Run Accidents

Under New York law, drivers must remain at the scene of an accident that causes property damage, injuries, or death. Under section 600 of New York’s vehicle and traffic law, drivers must pull over and remain at the accident scene in specific circumstances. If the accident caused injury or death, all drivers must remain at the scene and wait for the police to arrive. 

Drivers are required to exchange insurance information with other parties, even if no one was physically injured. When there are no injuries and the property damage is under $1,000, drivers don’t have to call the police or wait for them to arrive, but they still need to stop and exchange insurance information.

It’s a crime to leave an accident scene, regardless of who caused the accident. When a driver leaves the scene of an accident, they are breaking the law. Victims can use the defendant’s criminal activity to their benefit when pursuing compensation. Under the legal doctrine of negligence per se, courts will presume that our driver was negligent when they violated a law intended to protect the type of harm that has occurred. When the victim can establish that the hit-and-run driver broke New York’s law, courts will presume the driver was negligent, and the burden to prove otherwise shifts to them. Showing negligence per se makes it easier for victims of hit-and-run accidents to obtain the financial recovery they deserve.

Uninsured/Underinsured Motorist Coverage

New York has “no-fault” insurance laws for auto accidents. If you’ve been injured in a car accident, you must file a personal injury protection claim with your auto insurance company first. You must file a claim with your insurance company regardless of who was at fault. If the hit-and-run accident didn’t cause extensive injuries, you might be able to recover the damages you need without having to involve the hit-and-run driver or another third party. 

When you cannot identify the driver who caused the accident, or you have identified the driver but his or her insurance won’t cover your damages, you can pursue uninsured motorist coverage. New York Insurance Law section 5217 allows you to file an uninsured motorist claim with your insurance company when the vehicle owner’s identity is unascertainable. There must be physical contact between the vehicles or a collision with at least part of the car. 

Don’t assume that your insurance company will provide a fair amount of compensation. They may unfairly deny your claim or refuse to compensate you fully. Attorney Michael LoGiudice knows how to successfully and aggressively negotiate with insurance companies to ensure they pay injury victims the total amount of damages they deserve. When necessary, he works with financial experts to ascertain the total amount of damages caused by his client’s injuries. Should your insurance company act in bad faith, he is prepared to take the case to trial to protect your rights.

We’ll Seek Compensation From All Liable Parties

Pursuing compensation through an uninsured motorist claim isn’t the only option for victims of hit-and-run accidents. Depending on the facts of your case, you may be able to prove that the accident was caused partly by a third party’s negligence. Under New York’s comparative laws, you can pursue compensation from any person, company, or government entity who contributed to the accident or your injuries. Attorney Michael LoGiudice, LLP will conduct an in-depth investigation into your case to determine whether you can pursue compensation from a party other than the hit-and-run driver, which could include:

  • Other motorists on the road, pedestrians, or bicyclists
  • Transit companies
  • Government agencies
  • Employers of negligent drivers
  • Companies that sold defective products

Once Attorney Michael LoGiudice determines who is responsible for your injuries, he will fight to hold them accountable.

Contact a Hit and Run Injury Attorney in New York

When you hire Michael LoGiudice, LLP, to pursue damages after being injured in a hit-and-run accident in New York, you can rest assured that your case is in good hands. He will conduct a thorough investigation, work with expert witnesses, and develop an effective legal strategy for your full financial recovery. He will aggressively pursue the damages you deserve. Reach out to Michael LoGiudice, LLP, today to schedule your free initial consultation.

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