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Getting injured in a hit-and-run accident can be overwhelming, especially when the driver responsible disappears. You may be left with serious injuries, mounting expenses, and no clear path to compensation.
At Olson Personal Injury Lawyers, we understand how difficult these situations can be. For over a decade, Attorney Sean Olson has helped injured people in Cheyenne fight for the justice they deserve. Our team will take the time to listen to your story, explain your legal options, and work tirelessly to help you recover physically, financially, and emotionally.
If you were hurt in a hit-and-run, don’t wait. Contact us today for a free consultation and learn how we can help you move forward.
Table of Contents
What is a Hit-and-Run Accident in Cheyenne?
Under Wyoming law, drivers involved in a crash must stop at the scene, or return if they initially left, to exchange contact, license, insurance, and registration information with the other parties or responding law enforcement. Failing to do so is considered a hit-and-run.
In Cheyenne, leaving the scene of an accident without fulfilling these legal duties is a criminal offense. Depending on the circumstances, it can be charged as a misdemeanor or a felony.
Drivers may flee the scene for a variety of reasons: fear of legal consequences, being under the influence, not having insurance, or even not realizing they struck someone. But no matter the reason, hit-and-run victims are left to deal with the fallout, often with little information about who was responsible.
Can I File an Insurance Claim After a Hit-and-Run Accident in Cheyenne?
If you’ve been hit by a driver who flees the scene and cannot be identified, you may think that you have no way to seek compensation for your injuries or vehicle damage. However, you may still have options for filing an insurance claim after a hit-and-run accident. For example, you might be able to file a claim under the uninsured motorist (UM) coverage on your own auto policy.
Although this coverage is normally intended for accidents involving a driver who doesn’t have auto insurance, a hit-and-run driver who cannot be identified or located is treated as not having insurance, entitling you to file a UM claim. This will allow you to recover compensation for your losses up to the limits of your uninsured motorist policy.
You might also seek compensation for the repair costs for your damaged vehicle, or the cash value if your vehicle is totaled, from collision and comprehensive coverage if you purchased such coverage for your auto policy.
Keep in mind that even when dealing with “your” insurance company, the adjuster still wants to pay out as little money as possible. Our Cheyenne hit-and-run car accident attorneys are prepared to stand up for your interests and pursue the full compensation you deserve.
Determining Negligence in Hit-and-Runs
Even when you’ve been the victim of a hit-and-run accident in Cheyenne, you may still need to prove that the hit-and-run driver’s negligence or recklessness caused the accident to be entitled to recover compensation. Although this might seem easier if the other driver can’t be identified and give a statement regarding the accident that contradicts your own statement, other physical evidence from the accident may shed light on the issue of fault for the accident. You may not even realize, because the other driver fled the accident scene, that you were partially at-fault for the accident.
When you were partially responsible for an accident where the other driver unlawfully left the scene, you may still be eligible to pursue a claim for compensation. Wyoming utilizes a modified comparative negligence rule for motor vehicle accident cases. Under this rule, you may still bring a claim against another party at-fault for a motor vehicle accident so long as your share of fault is not as great as or greater than the share of fault of the other party. In other words, so long as you were less than 50 percent responsible for the accident, you can still bring a claim.
However, the total compensation you may be entitled to for your injuries and losses from the accident will be reduced in proportion to your share of fault for the accident. For example, if you suffered $100,000 in losses for an accident that you were 30 percent at fault for, your compensation would be reduced by $30,000 to reflect your share of fault.
Compensation in Hit-and-Run Lawsuits
When you’ve been injured in a hit-and-run accident, you deserve to seek compensation for losses that you have or will incur due to your injuries, including:
- Medical treatment, including ER and hospital visits, surgeries, prescription medication, and medical equipment costs
- Physical and other rehab
- Long-term personal care services
- Lost income and earning capacity
- Lost quality and enjoyment of life, such as due to disabilities or reduced life expectancy caused by your injuries
- Pain and suffering, or the physical and emotional anguish or distress caused by your injuries and medical recovery
You shouldn’t have to bear the burden of someone else’s reckless decision to flee the scene. Our team is here to help you pursue the full compensation you need to move forward with your recovery.
What to Do After a Hit-and-Run Accident in Cheyenne
After you’ve been involved in a hit-and-run accident in Cheyenne, you can take actions to help preserve your rights to pursue financial compensation for the injuries and losses you sustained in the accident. These steps include:
- Make sure that the accident has been reported to the police and that they have drafted a police accident report. Request a copy of this report from the police department, as insurance companies may deny motor vehicle accident claims without this report.
- Follow up with any eyewitnesses and with the owners or operators of any nearby surveillance cameras, since witness statements or surveillance footage might help you and the police identify the hit-and-run driver.
- Notify your auto insurer of the accident. You may be entitled to file a claim under the uninsured motorist coverage in your policy. However, your policy likely requires you to notify your insurer of any accident you were involved in within a certain time following the accident.
- Get examined by a physician as soon as possible after the accident, even if you don’t feel like you were injured at first. You may not feel pain or other symptoms of injuries for days or weeks following the accident. But waiting too long to seek medical attention or get treatment for injuries you suffered in the accident may cause the insurance companies to argue that your injuries didn’t result from the accident or that you weren’t as seriously injured as you claim.
- Keep a diary or journal of your recovery from the injuries from the accident. Discuss the pain and difficulties that your injuries and treatment and rehabilitation cause you, as well as the effect that your injuries and any resulting disabilities have on your personal relationships, daily living, or ability to enjoy life’s activities. This diary or journal can help support your claim for compensation for the pain and suffering or lost quality of life you have had to endure.
- Speak to a hit-and-run accident attorney about your legal rights and options. Even if you can’t find the hit-and-run driver to bring a claim for compensation, you may have other options available to you to secure financial recovery.
Taking these steps can make a meaningful difference in protecting your rights and building a strong case. The sooner you act, the better your chances of securing the compensation you need to move forward.
Contact a Cheyenne Hit-and-Run Accident Lawyer
If you’ve been hurt in a hit-and-run accident in Cheyenne, don’t let the uncertainty of the situation stop you from getting the help you need. At Olson Personal Injury Lawyers, we understand how overwhelming it can feel when the driver who caused your injuries disappears, but you don’t have to face it alone. Our experienced team will thoroughly investigate your case, identify all possible sources of compensation, and fight to recover the full amount you’re owed.
Contact us today for a free, no-obligation consultation and learn how we can help you take the next step toward justice and financial recovery.
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