Being involved in a hit-and-run accident can be an overwhelming experience, especially when the person responsible for the crash flees the scene. The uncertainty, confusion, and fear that come with such incidents can make it difficult to know what to do in the moments after the crash occurs. New Hampshire law has strict guidelines on what is expected from drivers involved in an accident. Whether you are the victim or a witness, understanding how to handle a hit-and-run accident is essential to protect your rights and ensure justice is served. This discussion will outline the steps you should take if you find yourself in such a situation in New Hampshire.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
What is a Hit and Run Accident?
In New Hampshire, a hit-and-run accident occurs when a driver involved in a collision fails to stop and provide their information or render aid. State law mandates that every driver involved in an accident, regardless of who may be at fault, must stop and exchange their contact information and insurance details with the other party. If the accident involves injury or property damage, drivers are also required to notify law enforcement. When someone leaves the scene of an accident without fulfilling these obligations, they are committing a crime, and the severity of this crime increases if the accident involves injuries or fatalities.
There are various reasons why a driver may flee the scene of an accident. Some may be driving under the influence of alcohol or drugs, while others may lack insurance or have outstanding legal issues. Whatever the reason, hit-and-run accidents are illegal and can lead to significant legal consequences for the fleeing driver.
What to Do Immediately After a Hit and Run Accident
The first moments after a hit-and-run accident are critical. Although the driver responsible for the crash may have fled, your safety and the safety of others should remain your top priority. If you are injured or there are others involved in the accident who require medical assistance, your immediate concern should be to call for help.
If it is safe to do so, try to remember details about the fleeing vehicle. This could include the make, model, color, and any part of the license plate that you may have noticed. Even seemingly small details can be helpful in identifying the responsible party later. However, under no circumstances should you attempt to chase the fleeing driver. This could lead to further danger and may put you in a position where you are at risk of additional harm.
After ensuring your safety and trying to gather any details you can about the fleeing vehicle, you should notify the police. Law enforcement officers will file a report and conduct an investigation to locate the driver responsible. Providing them with as much information as possible will be essential in helping them track down the offender.
Gathering Evidence at the Scene
Once you have contacted the police and ensured that everyone is safe, gathering evidence at the scene of the accident is crucial. Even though the at-fault driver may have fled, there may still be valuable evidence that can assist in identifying them. Take photos of the damage to your vehicle and the surrounding area. Look for any skid marks, debris, or other physical evidence that may help piece together what happened. If there are any witnesses to the accident, be sure to speak with them and obtain their contact information. Witness statements can be pivotal in reconstructing the events and helping law enforcement find the driver responsible for the hit-and-run.
If your vehicle is equipped with a dashboard camera, or if there are any nearby security cameras, these could provide additional evidence that may be used in the investigation. Video footage is often one of the most effective ways to identify a fleeing driver.
Reporting the Accident to Your Insurance Company
After ensuring that the police have been notified and gathering any evidence at the scene, the next step is to report the accident to your insurance company. New Hampshire is a fault-based state, meaning that the driver responsible for the accident is typically required to pay for the damages. However, in a hit-and-run situation, this can become more complicated if the driver cannot be found. Your own insurance coverage may provide compensation, depending on the type of policy you have.
If you have uninsured motorist coverage, this can be used to cover your damages in the event of a hit-and-run accident. Uninsured motorist coverage is not required in New Hampshire, but it is strongly recommended for situations like these. If you do not have this coverage, you may still be able to file a claim under your collision coverage, though this could result in increased premiums. In either case, promptly reporting the accident to your insurance company will be crucial in beginning the claims process.
When speaking with your insurance company, provide them with all of the information you have regarding the accident, including the details you were able to recall about the fleeing driver and any police reports or witness statements. The more information you can provide, the smoother the claims process will be.
Legal Consequences for Hit and Run Drivers in New Hampshire
Fleeing the scene of an accident is a serious offense in New Hampshire, and those found guilty of a hit-and-run can face severe legal consequences. The penalties for leaving the scene of an accident depend on the severity of the crash and whether there were any injuries or fatalities.
If the accident only resulted in property damage, the driver may face a misdemeanor charge, which can lead to fines and potential jail time. If the accident resulted in injury or death, the penalties become more severe. A hit-and-run that involves injury is considered a felony, and a driver found guilty can face significant prison time, hefty fines, and the suspension or revocation of their driver’s license. In cases where a hit-and-run results in a fatality, the charges may include vehicular manslaughter, which can carry life-altering consequences.
In addition to criminal penalties, hit-and-run drivers may also face civil liability. Victims of hit-and-run accidents have the right to pursue compensation for their damages through a personal injury lawsuit. This can include medical bills, lost wages, property damage, and pain and suffering. In some cases, the court may also award punitive damages as a way to punish the fleeing driver for their reckless actions.
How to Protect Yourself After a Hit and Run Accident
After experiencing a hit-and-run accident, you may feel vulnerable and unsure of how to protect your rights. Taking the right steps immediately after the accident will improve your chances of recovering compensation and seeing justice served. The first thing you should do is ensure that the police are involved and that they are conducting a thorough investigation to locate the fleeing driver.
It is also important to work closely with your insurance company and make sure that all of the necessary steps are followed to pursue your claim. If you are having trouble with your insurance company, or if you are concerned that they are not handling your claim fairly, you may want to consider seeking legal advice.
Being involved in a hit-and-run accident can lead to a complex legal situation, and working with an attorney can help ensure that you are taking the right steps to protect yourself. A lawyer can help you navigate the insurance claims process and may be able to assist in pursuing compensation through a personal injury lawsuit. In cases where the driver responsible for the accident is located, an attorney can help hold them accountable for their actions and secure the compensation you deserve.
Dealing with the aftermath of a hit-and-run accident can be challenging, but you do not have to face it alone. At Tenn And Tenn, PA, we understand the emotional, physical, and financial toll that these accidents can take on victims and their families. Our dedicated team is committed to helping you through this difficult time, ensuring that your rights are protected and that you receive the compensation you deserve. If you have been involved in a hit-and-run accident in New Hampshire, contact us today for a consultation. We are here to help you every step of the way.