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Hit and Run drivers

11/23/2011

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The hit and run driver leaves a mess in his wake:   unpaid property damage, unpaid medical bills, unreimbursed lost wages, and frustration that someone would flee their responsibility.  

Texas law requires drivers to carry a minimum of $30,000 in liability coverage to protect the other driver from harm that might result from a collision; however, if a driver flees and no one can identify him, then no insurance claim against the negligent driver is possible and the victimized driver will have to turn to his own automobile insurance for Uninsured Motorist coverage. 

Hit and run accidents are a perpetual and growing problem.  While state law requires that those involved in a collision to stop and exchange information, statistics indicate that the number of reported hit and run accidents increased almost 20% over the past decade.

Some believe that the problem may be related to the growing number of illegal immigrants. After all, if an illegal, unlicensed immigrant causes a fatal accident and remains at the scene, he or she might risk detention and deportation.  If the driver flees, that driver might not get caught and might suffer no consequences from the fatal act. But if the driver remains at the scene, the prospects aren't good.

But illegal immigrants do not account for all hit and run accidents. Legal citizens of high status who don't want to risk bad publicity might flee the scene of an accident that has left injured or wrongfully killed victims. Drunk drivers who don't want the consequences of a DWI arrest will often try to flee if they can. People driving without a valid license or under a suspended license will try to flee so that they don't get caught for their crimes. And sometimes ordinary citizens who just don't want to take responsibility for their mistakes will flee the scene of a fatal accident.

What is the solution?  Like many complex problems, there is not an easy answer.  Protect yourself by having UM/UIM coverage on your own automobile.
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    Scott Brazil is an attorney in Houston, Texas, who is board certified in Personal Injury and Civil Trial Law by the Texas Board of Legal Specialization.

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