A hit-and-run accident can leave victims facing injuries, vehicle damage, and uncertainty about how to recover compensation when the other driver leaves the scene. Medical bills, missed work, and unanswered questions can make the aftermath especially difficult.
At Thomas Braun Bernard & Burke, LLP, our personal injury attorneys help hit-and-run victims in Rapid City and throughout South Dakota and Wyoming understand their rights and evaluate every potentially available source of compensation. Even if the driver is never identified, you may be able to seek recovery from your own insurance company, depending on the policy.
South Dakota Hit-and-Run Laws Explained
South Dakota law requires a driver involved in an accident to stop, provide their identifying information, provide the identifying information of the owner of the vehicle they are driving, provide the license number of the vehicle they are driving, and render reasonable assistance to anyone injured. Failing to do so can result in criminal penalties which may include fines, driver’s license consequences, and, in some cases, jail time.
While prosecution of violations of law are handled by the state, any potential claim for financial compensation would generally be handled through a civil court proceeding (i.e., not a criminal proceeding). Understanding how these laws apply to your situation is critical when pursuing damages after a hit-and-run.
What Is Considered a Hit-and-Run in South Dakota?
A hit-and-run occurs when a driver involved in a collision leaves the scene without stopping to exchange information or assist an injured party if it is apparent that medical treatment is necessary or is requested by the injured party. This can include accidents involving other vehicles, pedestrians, cyclists, or even parked cars.
Even minor collisions require drivers to stop and provide contact and insurance details. Leaving the scene without fulfilling these obligations can lead to both criminal consequences and civil liability.
What If the Police Identify the Driver?
If law enforcement identifies the at-fault driver that fled, you may pursue a personal injury claim directly against that driver, and thereby ultimately recover from the at-fault driver’s insurance company. While a criminal conviction for hit-and-run will ensure consequences for the at-fault driver’s unlawful decision to flee, it is not required to recover damages.
In these situations, your attorney can use police reports, witness statements, and any available video footage–perhaps from a nearby business–to establish that the fleeing driver is liable for the collision and build a strong claim for compensation. Acting quickly ensures that evidence is preserved. For example, if too much time passes, surveillance footage from a nearby camera may be lost..
What If the Driver Was Not Identified?
Even if the at-fault driver is never found, you may be able to seek benefits from your own insurance company through a coverage called uninsured motorist coverage. In South Dakota, insurance policies must include uninsured motorist coverage that provides benefits in hit-and-run cases.
Filing an uninsured motorist claim and demonstrating the compensation that you are entitled to for your injuries and damages can be complicated. Having a hit-and-run lawyer handle these negotiations may help as you pursue a claim.
What Should You Do After a Hit-and-Run in Rapid City?
Taking the right steps after a hit-and-run accident can protect both your health and your legal claim. If you are physically able, you should:
- Call 911 and report the accident immediately: A police report creates an official record and may help authorities locate the fleeing driver.
- Seek medical attention right away: If you believe that you were injured, get checked out by a doctor as soon after the accident as practical. In addition to treating your injuries and getting you on the road to recovery, a doctor’s examination will document the injuries you sustained in the accident. Getting checked out is also beneficial since some injuries may not be immediately apparent.
- Gather as much information as possible: Write down any details you remember about the vehicle, including color, make, model, and license plate number.
- Look for witnesses and nearby cameras: Surveillance footage or eyewitness accounts can help identify the vehicle and/or at-fault driver or confirm how the accident occurred.
- Notify your insurance company: Report the accident promptly.
- Contact a hit-and-run lawyer: Early legal involvement allows your attorney to coordinate with investigators, preserve evidence, and handle communications with insurance companies.
Common Injuries in Hit-and-Run Accidents
Hit-and-run crashes can involve sudden, high impact collisions. Victims may suffer serious injuries such as:
- Traumatic brain injuries
- Neck and back injuries
- Broken bones
- Internal injuries
- Lacerations and soft tissue damage
- Emotional trauma and anxiety
These injuries can require extensive medical treatment and long term care. Gathering your medical records, reviewing those records, and evaluating your injuries is necessary to determine the full value of your claim.
Can You Recover Compensation After a Hit-and-Run?
Yes, it’s often possible to recover compensation even if the at-fault driver is never found.
Victims often rely on their own uninsured motorist coverage or other applicable insurance policies when they are injured in a hit-and-run accident. An experienced attorney can carefully review your insurance policy, explain what coverage applies, and identify every potential avenue for financial recovery. In some cases, recovery may come from the driver’s liability insurance if they are eventually identified.
Types of Compensation Available to Hit-and-Run Victims
Victims of hit-and-run accidents may be entitled to recover compensation for both personal injuries and financial losses. This can include reimbursement for medical expenses, future treatment needs, property damage, lost wages, and diminished earning capacity, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
The total value of a claim depends on a number of factors, including the nature and severity of the injury, whether the injury is permanent in nature, how the injury affects daily living, medical bills, any necessary future medical care, lost wages, any diminished earning capacity, and pain and suffering. Catastrophic injuries often result in much higher costs, including lifetime medical care and the expense of adaptive equipment. An experienced personal injury lawyer can evaluate these long-term needs and seek compensation that accounts for the physical, financial, and emotional toll of the accident.
How Our Rapid City Hit-and-Run Lawyers Help You
When you hire Thomas Braun Bernard & Burke, LLP, we take immediate steps to protect your interests and build your case. We understand how frustrating it is to be left dealing with the consequences of someone else’s reckless decision to flee the scene.
Our firm can:
- Conduct a thorough investigation of the accident
- Work with law enforcement and investigators to identify the driver
- Review your insurance coverage in detail
- Handle all communications with insurance adjusters
- Negotiate for a reasonable resolution
- Prepare your case for trial if necessary
We work to guide clients through each stage of the legal process while fighting for the results they deserve.
Why Choose Our Rapid City Hit-and-Run Lawyers?
Choosing the right attorney can make a meaningful difference in your recovery. At Thomas Braun Bernard & Burke, LLP, we combine local knowledge with dedicated advocacy for injury victims throughout Rapid City and the surrounding communities.
Clients choose our firm because we:
- Offer free consultations with no obligation
- Provide clear, honest communication
- Take the time to understand each client’s unique situation
- Pursue full compensation
- Are prepared to go to court when insurance companies are unwilling to pay an amount that is sufficient to compensate the client
If you or a loved one has been injured in a hit-and-run accident, do not wait to seek help. Contact us at 605.348.7516 today to schedule your free consultation. Thomas Braun Bernard & Burke, LLP can review your situation, explain potential options, and help you take the next step after a hit-and-run accident.
