Seeing the person responsible for your accident flee the scene can be terrifying. Hit and run crashes can be complex. You may not know who is responsible for your injuries or what to do. The at-fault driver may have left you injured and vulnerable to additional injuries. Having an experienced Albuquerque hit and run accident lawyer on your side can give you peace of mind. Caruso Law Offices explains hit and run crashes and how we can help.
What Is a Hit and Run?
Under New Mexico law, drivers must immediately stop at the scene of an accident that results in bodily injury, death, or vehicle damage and remain at the scene until they do all of the following:
- Render aid and offer reasonable assistance, including calling for an ambulance
- Give their name, address, and registration number for their vehicle
- Exhibit their driver’s license to the other driver or victim upon request
All accidents that result in bodily injury, death, or $500 or more of property damage must be reported immediately to the authorities by the “quickest means of communication.”
Failing to stop or comply with these requirements can result in criminal charges for hit and run. If you find yourself in such a situation, it is important to call an Albuquerque motor vehicle accident attorney for further legal guidance.
Common Reasons for Hit and Run Crashes in Albuquerque
Drivers may flee the accident scene because they know they did something wrong, either in the moments leading up to the accident, by driving at all, or in causing the crash. Common reasons for hit and run crashes include:
- Driving on a suspended or revoked license
- Driving without insurance
- Drunk driving
- Drugged driving
- Undocumented immigration status
- Fleeing from the scene of a crime
- Texting while driving
In some cases, the at-fault driver may know that they were at fault for it and want to avoid liability, so they may flee the scene.
How a Criminal Case Can Affect Your Car Accident Claim in Albuquerque
If you were the victim of a hit-and-run accident, you should report the accident and cooperate with police. Give them a description of the other vehicle and the driver. If you remember any portion of the license plate number, give this information to the police.
Law enforcement may be able to track down the at-fault party. The fleeing driver could face criminal charges for the hit and run. Your civil case is based on the outcome of a separate criminal case. There is a higher burden of proof in a criminal case with proof beyond a reasonable doubt.
The burden of proof is lower for a civil case with proof by the preponderance of the evidence. This standard requires that you show that the facts are more likely than not as you allege. This can result in contradictory results, with the defendant being found not guilty in criminal court but guilty in civil court.
Filing an Uninsured Motorist Claim in New Mexico
You may need to file an uninsured motorist claim if you cannot locate the at-fault party. This is a claim with your own insurer you file if the at-fault party was not insured or you do not know who they are because of a hit and run.
Let Us Help You Seek Compensation After a Hit and Run Crash in Albuquerque
At Caruso Law Offices, we fight to protect the rights of accident victims. After a hit and run, our Albuquerque car accident lawyers can fight for the justice and accountability you deserve. Contact us today for a free consultation.