Obtaining Compensation in a Hit-and-Run Case

Proving liability in a hit-and-run case is relatively straightforward. The burden of proof in a civil case is only a preponderance of the evidence, or more likely than not. So, if the driver flees the scene and eludes authorities, a Sugar Land hit and run accident attorney must only identify the vehicle’s owner. It’s more likely than not that the owner was also driving the car at that time.

Collecting the money owed is a different matter. Texas has one of the highest uninsured motorist rates in the country. Frequently, that’s the reason people flee from accident scenes. They don’t have insurance, they fear the consequences, and they know the chances of being captured and put in jail are very remote. Fortunately, victims in this situation have a number of legal options.

Vicarious Liability

Frequently, the tortfeasor (negligent driver) isn’t financially responsible for damages in a vehicle collision matter. Common third-party liability theories include:

• Respondeat Superior: This theory often applies in Uber driver, truck driver, bus driver, and other commercial operator cases. Employers are vicariously liable for damages if their employees are negligent during the course and scope of employment. Texas law defines these prongs so broadly that almost any commercial driver wreck is a respondeat superior matter.
• Negligent Entrustment: In the vehicle collision context, owners are vicariously liable for damages if they knowingly entrust their vehicles to incompetent drivers who cause crashes. Examples include unlicensed drivers, drivers with safety-suspended licenses, and drivers with recent at-fault collisions on their driving records.
• Dram Shop: Commercial alcohol providers are vicariously liable for damages if they illegally sell alcohol to a person who later causes a car crash. Sales to obviously intoxicated people are the most common illegal sales. A few limited defenses apply in some cases. Underage sales are a close second. Traditional defenses, like s/he looked older, usually don’t hold up in court.

If the tortfeasor was impaired by excessive alcohol at a private party, a separate theory, such as negligent undertaking or negligent supervision, might apply.

UM/UIM

If the tortfeasor cannot pay, the victim’s own insurance company often pays, if the victim has uninsured/underinsured motorist coverage. These add-ons are always a good investment, given the high probability of an uninsured driver crash in Texas. Usually, UM/UIM premiums are small and the coverage limits are high.

Basically, UM/UIM policies force insurance companies to replace tortfeasors. If Sam’s damages are $100,000, Amy cannot pay them because she doesn’t have insurance, and Sam has a $100,000 UM/UIM rider, his insurance company is financially responsible for the judgment.

Generally, a Missouri City personal injury lawyer settles UM/UIM matters quickly, and on victim-friendly terms. Most insurance companies want to keep their paying customers happy.

Judgment Lien

A property or credit lien produces no money at the time. However, these liens only cost a few dollars to file. Furthermore, the tortfeasor will eventually want to borrow money or sell the property. When that happens, the tortfeasor must pay the lien, and the victim is in the driver’s seat in terms of negotiations.

Some additional options may be available as well, such as bank account garnishment. Usually, an attorney needs a separate court order in these cases.

Payment Plan

Most people can’t afford to pay $100,000 in a lump sum. However, they can easily afford to pay over time. Usually, a Missouri City personal injury lawyer adds a judgment lien into the mix. Typically, if the tortfeasor falls behind, the victim has the right to place a lien on the tortfeasor’s property or credit.

Work With a Detail-Oriented Harris County Attorney

Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We routinely handle matters throughout the Lone Star State.

Source:

iii.org/fact-statistic/facts-statistics-uninsured-motorists