On behalf of Berkshire Ginsberg, LLC posted on Thursday, May 23, 2013.
Hit and run accidents can be overwhelming to victims who may suffer unexpected injuries. A man was arrested recently in Portland on several charges, including hit and run driving. The hit and run accident occurred when police originally attempted to pull the man over for a traffic stop but he instead sped away and crashed into another car. The man’s vehicle caught on fire as a result of the crash and the man and his female passenger fled on foot. He was apprehended in a nearby neighborhood and is now also facing charges for third-degree assault, attempt to elude in a vehicle, reckless driving, driving while a license is revoked and reckless endangerment, in addition to the hit and run charge. All parties involved, including the driver of the other vehicle, were taken to the hospital for treatment of their injuries. A hit and run driver can face liability to injured parties following an accident the driver caused just as any other negligent driver who causes serious injuries would. If the driver cannot be identified or found, the injured victim can still receive compensation for injuries, including medical expenses and other damages, from an uninsured or underinsured motorist insurance policy. What is important to understand is that the legal process recognizes that victims of hit and run accidents, as well as other types of car accidents, oftentimes need help. To establish the negligence of a driver that has injured a victim in an accident, the party bringing the claim (usually the victim but sometimes also the victim’s family) must establish that the driver was negligent. This means that the driver owed the victim a duty of care and the driver failed to abide by that duty and injured the victim. In cases when the negligent driver has been cited by authorities, proving negligence is easier because the citation can be used as evidence of negligence. Hit and run accidents can cause serious injuries. Because of this, the legal system protects victims and provides them with resources to help with the costs they may incur as a result of their injuries. Source: The Oregonian, “Driver arrested after crash in Northeast Portland,” Author Unknown, May 7, 2013.